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




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


                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2008

                               VOLUME II

                               ----------                              

                              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

                                     








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

 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2008

                               VOLUME II

                               __________

                              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

                                     



                             DECEMBER 2010


Printed for the use of the Committee on Foreign Relations of the U.S.
Senate and Foreign Affairs of the U.S. House of Representatives respec-
tively

                                 _______

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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.


                       NEAR EAST AND NORTH AFRICA

                              ----------                              


                                ALGERIA

    Algeria is a multiparty republic of approximately 36 million 
inhabitants whose head of state and government (President) is elected 
by popular vote to a five-year term. The President has the 
constitutional authority to appoint and dismiss cabinet members and the 
prime minister. President Abdelaziz Bouteflika was reelected in 2004 in 
a generally transparent, contested election. On November 12, the 
parliament adopted a constitutional amendment eliminating the two-term 
limit for the President. Multiparty parliamentary elections in May 2007 
were conducted in a generally transparent manner, but authorities did 
not allow all political parties full access to the electoral process. 
The Government held multiparty local elections in November 2007, but 
irregularities and charges of fraud marred the electoral process. A 
state of emergency implemented in 1992 remained in effect during the 
year. Civilian authorities generally maintained effective control of 
the security forces.
    While the law provided for the right to change the Government 
through elections, restrictions on freedom of association significantly 
limited citizens' ability to do so. Other human rights problems 
included failure to account for persons who disappeared in detention 
during the 1990s, reports of abuse and torture, official impunity, 
abuse of pretrial detention, poor prison conditions, limited judicial 
independence, and restrictions on freedom of speech, press, and 
assembly. There were also increased limitations on religious freedom 
and problems with security-based restrictions on movement, corruption 
and lack of government transparency, discrimination and violence 
against women, and restrictions on workers' rights.
    Armed groups committed a significant number of abuses against 
civilians, government officials, and members of security forces.
                        respect for human 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 Ministry of the Interior (MOI) infrequently released 
information concerning the total number of terrorist, civilian, and 
security force deaths. During the year security forces killed, injured, 
or arrested approximately 1,000 terrorists. According to press reports 
of official estimates, the total number of deaths was 321. Of these, 
terrorists killed 90 civilians and 69 security force members; security 
forces killed an estimated 162 suspected terrorists. These numbers 
decreased from the 670 reported in 2007.
    Most of the terrorist attacks during the year were attributed to 
terrorist group al-Qa'ida in the Islamic Maghreb (AQIM), which emerged 
in January 2007 after the Salafist Group for Preaching and Combat 
(GSPC) allied itself with al-Qa'ida in 2006.
    The year was marked by significant violence. On June 8, a double 
bomb attack killed 14 persons in Lakhdaria. On August 9, a man 
detonated a car bomb near a police surveillance post in Zemmouri, 
killing eight persons and injuring 19. On August 17, terrorists 
detonated an improvised explosive device and shot and killed eight 
police officers, three soldiers, and two civilians. On August 19, a 
suicide bomber detonated himself outside a police training academy in 
Issers, killing at least 44 and injuring 45. AQIM claimed 
responsibility for all of these attacks. Minister of the Interior 
Noureddine Zerhouni stated at mid-year that 200 to 300 terrorists 
operated in the country.

    b. Disappearance.--Enforced disappearances, reportedly numbering in 
the thousands, were a significant problem during the 1990s and 
continued to be an issue covered in the media and raised by local and 
international nongovernmental organizations (NGOs). The Government 
stated that 6,546 persons were missing or disappeared as a result of 
government actions between 1992 and 1999, with approximately 10,000 
additional persons missing or disappeared from terrorist kidnappings 
and murders. NGOs reported that security forces had played a role in 
the disappearances of approximately 8,000 persons.
    In February 2007 the Government signed the International Convention 
for the Protection of All Persons from Enforced Disappearances. Law 06-
01 of 2006 provides measures for compensating victims of 
disappearances. For courts to hear charges of disappearance, the law 
requires at least two eyewitnesses. Many of the disappearances in the 
1990s were later attributed to the security forces; however, the 
Government did not prosecute security force personnel, and there was no 
evidence that the Government investigated cases it acknowledged were 
caused by security forces.
    In 2005 voters approved by referendum President Bouteflika's 
proposed Charter for Peace and National Reconciliation, which ended the 
Ad Hoc Mechanism established in 2003 to account for the disappeared. 
The charter went into effect in 2006, granting amnesty to and 
preventing investigation into the conduct of the National Popular Army, 
the security forces, state-sponsored armed groups, and persons who 
fought on behalf of the Government.
    The amnesty also covered certain persons involved in Islamist 
militant and terrorist activities. To qualify for amnesty, individuals 
engaged in terrorism had to cease armed activities and surrender 
themselves and their weapons to the authorities. Persons implicated in 
mass killings, rapes, or bomb attacks in public places were not 
eligible for amnesty. Many imprisoned terrorists were given amnesty. 
Some local NGOs, including SOS Disparus, Djazairouna, and the Algerian 
League for the Defense of Human Rights (LADDH), criticized the charter 
for enabling terrorists to escape justice.
    On May 26, the UN Committee Against Torture (UNCAT) reported its 
concerns that Law 06-01 provides impunity for members of armed groups 
and state officials and that the Government had not yet initiated 
proceedings to investigate the fate of the disappeared. UNCAT also 
expressed concern that the Government had not publicized the criteria 
for compensating family members and required those compensated to waive 
their right to seek civil damages against the state.
    Families of the disappeared experienced complications and delays in 
receiving compensation from the Government. According to the Ministry 
of National Solidarity (MNS), the Government in 2006 created a special 
fund valued at approximately 22 billion dinars ($300 million) to 
compensate individuals eligible under the Charter for Peace and 
National Reconciliation. In October, National Consultative Commission 
for the Promotion and Protection of Human Rights (CNCPPDH) President 
Farouk Ksentini, the Government's human rights ombudsman, said that 97 
percent of families of the disappeared had accepted compensation under 
the charter. As of the end of 2007 at least 17,000 requests for 
compensation had been submitted, of which approximately 5,300 requests 
were honored. Another 2,700 requests were under consideration. The 
remaining 9,000 requests would not benefit directly from the charter, 
but the individuals were scheduled to receive MNS financial assistance.
    On May 16, Interior Minister Zerhouni reported that 115 of 375 
kidnapping cases in the previous two years were related to terrorism.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other cruel, inhuman, or 
degrading treatment or punishment; however, NGO and local human rights 
activists reported that government officials employed such practices to 
obtain confessions. Government agents can face prison sentences of up 
to 10 to 20 years for committing such acts. Nonetheless, impunity 
remained a problem.
    Local human rights lawyers maintained that torture continued to 
occur in detention facilities, most often against those arrested on 
``security grounds.''
    In February human rights NGO Alkarama reported that after a protest 
by inmates related to prayer room space, prison guards handcuffed, 
stripped, and beat approximately 80 prisoners with iron bars and 
sticks.
    On May 19, a court in Blida placed four police officers, accused of 
torturing five suspects at the police station in Cheraga, under 
judicial control and ordered their temporary detention. On December 15, 
the prosecutor in Blida asked for prison sentences of 12 years for each 
officer and sought a seven-year prison sentence for the former police 
chief of the station. The victims said that the officers used a taser 
after their arrest to give electric shocks and force their confession 
in a case involving a stolen car. The trial was pending at the end of 
the year.

    Prison and Detention Center Conditions.--During the year the 
Government permitted the International Committee of the Red Cross 
(ICRC), the UN Development Program (UNDP), and the Red Crescent Society 
to visit regular, nonmilitary prisons. ICRC visits to persons held in 
places of detention run by the Ministry of Justice (MOJ) and to those 
detained in police stations and gendarmeries were carried out in 
accordance with ICRC standard practices. The Government denied other 
human rights observers visits to military and high-security prisons and 
detention centers.
    In February an ICRC delegation visited the El Harrach prison after 
reports that security guards used violence against prisoners. According 
to press reports, prisoners complained about the closure of the prayer 
room.
    On June 9, Mokhtar Felioune, the director general of the Prisons 
Administration, announced that 7,547 prisoners benefited from temporary 
release as part of a government effort to reduce overcrowding in the 
country's prisons. Felioune also noted that 1,390 prisoners benefited 
from work/study release programs while 8,268 received parole for good 
conduct. During a December 22 press conference, Felioune stated there 
were 65,000 prisoners in the country's penal system. In 2007 Felioune 
stated there were 54,000 persons held in 127 prisons.
    Overcrowding was a problem in many prisons. According to human 
rights lawyers, the problem of overpopulation was partially explained 
by the abusive recourse to pretrial detention. Pretrial detainees were 
held separately from convicted prisoners. In his October 2 statement, 
Felioune expressed concern about overcrowding in prisons. In some cases 
overcrowding meant that juveniles were held with adults; however, the 
country, in general, maintained separate juvenile detention centers. On 
December 15, a local newspaper reported that the CNCPPDH conducted 34 
prison visits during the year and highlighted concerns with 
overcrowding, insufficient bed space, as well as poor lighting, 
ventilation, nutrition, and hygiene.
    In its May report, UNCAT expressed concern over reports that the 
Department of Information and Security (DRS), the military intelligence 
agency tasked with internal security, ran secret detention centers 
inside military barracks in Algiers that operated outside judicial 
authority.
    The Government reported that 14,000 prisoners participated in 
various vocational training, while 1,551 prisoners participated in the 
middle school equivalency exam (BEF), and 1,357 prisoners took part in 
the university entrance exam (BAC). On July 23, the President pardoned 
260 prisoners who passed the BEF exam and 36 who passed the BAC exam.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention. On September 9, the head of the 
government-appointed CNCPPDH said the abuse of pretrial detention 
tarnished the image of the country's justice system.

    Role of the Police and Security Apparatus.--The national police 
force, consisting of more than 108,000 members, falls under the control 
of the MOI and has national jurisdiction. The National Gendarmerie, 
under the Ministry of Defense, also performs police-like functions 
outside urban areas. The DRS reports to the Defense Ministry and 
exercises internal security functions but also performs police-like 
functions in terrorism cases. Police and gendarmes were generally 
effective at maintaining order. All security forces are provided a copy 
of a code of conduct establishing regulations for conduct and sanctions 
for abuses. Corruption existed, especially in the customs police. 
According to press reports, 960 customs officials faced disciplinary 
commissions for official negligence or corruption charges in the past 
three years. On July 27, customs officials reported 215 disciplinary 
cases during the first quarter of the year; 118 cases resulted in 
official reprimands, and nine cases resulted in suspensions.
    Impunity remained a significant problem. The Government did not 
provide disaggregated public information on the numbers, infractions, 
or punishments of police, military, or other security force personnel.
    According to human rights attorneys, police officials, and local 
NGOs, the most frequent abuse of police authority occurred as a result 
of officers not following established guidelines for arrests.

    Arrest and Detention.--According to the law, the police must obtain 
a summons from the prosecutor's office to require a suspect to appear 
in a police station for preliminary questioning. Summonses are also 
used to notify and require the accused and/or the victim to attend a 
court proceeding or hearing.
    The Government issues warrants under three different circumstances: 
to bring an individual from work or home to a court, to execute a 
prosecutor's approved request to place a person into custody pending 
trial, or to arrest a suspect considered to be a flight risk. Police 
may make arrests without a warrant if they witness an offense taking 
place. Lawyers reported that procedures for warrants and summonses were 
usually carried out properly.
    The constitution specifies that a suspect may be held in detention 
for up to 48 hours without charge. If more time is required for 
gathering additional evidence, the police may request that the 
prosecutor extend the suspect's detention to 72 hours. Those suspected 
of terrorism or subversion may be held legally for 12 days without 
charge or access to counsel. In practice the security forces generally 
adhered to the 48-hour limit in non-terrorism cases.
    Prolonged pretrial detention remained a problem. The law does not 
provide a person in detention the right to a prompt judicial 
determination of the legality of the detention. Persons charged with 
acts against the security of the state, including terrorism, may be 
held in pretrial detention as long as 20 months according to the penal 
code; the prosecutor must show cause every four months for continuing 
pretrial detention.
    Judges rarely refused prosecutorial requests for extending 
preventive detention, which can be appealed to a higher court but was 
rarely overturned. Should the detention be overturned, the defendant 
can request compensation. Most detainees have prompt access to a lawyer 
of their choice, and if the detainee is indigent, the Government 
provides a lawyer. In November 2007, according to the prison 
administration, pretrial detainees represented 6,100 individuals, or 11 
percent, of the individuals held by prison authorities.
    There is no system of bail, but in nonfelony cases suspects are 
usually released on ``provisional liberty'' while waiting for trial. 
Under provisional liberty, suspects are required to report weekly to 
the police station in their district and are forbidden from leaving the 
country.
    The penal code requires detainees in pretrial detention to be 
informed immediately of their right to communicate with family members, 
receive visitors, and be examined by a doctor of their choice at the 
end of detention. In addition, any suspect can request a medical 
examination once on police premises or before facing the judge. In 
practice, however, detainees were typically examined only at the end of 
their detention. Reports that these rights were not extended to 
detainees continued during the year.
    According to human rights lawyers, in July authorities charged 
Kamal Akkache with belonging to a terrorist organization, and he 
remained in detention at year's end. Amnesty International (AI) 
reported that DRS agents detained Akkache in September 2007 and held 
him without charge for 10 months. At year's end Mohamed Fatmia remained 
detained in Serkadji prison on terrorism charges after DRS agents 
arrested him and held him incommunicado throughout 2007. Human rights 
advocates reported that authorities continued to hold Mohamed Rahmouni 
at the military tribunal in Blida without access to a lawyer.
    Authorities released Fethi Hamaddouche in October 2007; Hamaddouche 
had been held without charge in DRS custody since March 2007. NGOs 
reported that authorities also released Youcef Belmouaz and Brahim Abed 
in 2007 after seven months of incommunicado detention. The two men were 
tried and acquitted on charges of belonging to a terrorist organization 
active abroad.
    In 2006 according to local and international NGOs, Mohammed Rabah 
Ajine, Zeineddine Belacel, and Habib Boukhatemi disappeared and were 
later placed in pretrial detention in Algiers. Four months later, they 
appeared before a judge and were charged with belonging to a terrorist 
group operating in Algeria and abroad. A court acquitted Belacel; Ajine 
and Boukhatemi were sentenced to three years in prison.

    e. Denial of Fair Public Trial.--Although the constitution provides 
for an independent judiciary, the President exercises supreme judicial 
authority, and executive branch decrees and influence limited judicial 
independence. The constitution provides for the right to a fair trial; 
however, in practice authorities did not completely respect legal 
provisions regarding defendants' rights and denied due process.
    The High Judicial Council is responsible for judicial discipline 
and the appointment of all judges. President Bouteflika serves as the 
President of the council.
    The judiciary is composed of civil courts, which hear cases 
involving civilians facing charges not related to security or 
terrorism, and military courts, which can hear cases involving 
civilians facing security and terrorism charges. Regular criminal 
courts can try cases involving security-related offenses at the local 
level. Legal decisions regarding family matters are based on Shari'a 
(Islamic law) as well as civil law.
    Military courts in Oran, Blida, Constantine, and Bechar try cases 
involving state security, espionage, and other security-related 
offenses involving military personnel and civilians. Each tribunal 
consists of three civilian judges and two military judges. Although the 
President of each court is a civilian, the chief judge is a military 
officer. Defense lawyers must be accredited by the military tribunal in 
order to appear. Public attendance at the trial is at the discretion of 
the tribunal. Appeals are made directly to the Supreme Court. Military 
tribunals try cases but only occasionally disclose information on 
proceedings. There was no public information available on any cases 
before them during the year.
    The nine-member Constitutional Council reviews the 
constitutionality of treaties, laws, and regulations. Although the 
council is not part of the judiciary, it has the authority to nullify 
laws found unconstitutional, confirm the results of any type of 
election, and serve as the final arbiter of amendments that pass both 
chambers of the parliament before becoming law.

    Trial Procedures.--Defendants are presumed innocent and have the 
right to be present and consult with an attorney, provided at public 
expense if necessary. Most trials are public and nonjury. Defendants 
can confront or question witnesses against them or present witnesses 
and evidence on their behalf. Defendants and their attorneys 
occasionally were denied access to government-held evidence relevant to 
their cases. Defendants have the right to appeal. The testimony of men 
and women is considered of equal weight under the law.

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

    Civil Judicial Procedures and Remedies.--The judiciary was not 
fully independent and impartial in civil matters and lacked 
independence in human rights cases. Family connections and status of 
the parties involved reportedly influenced decisions. Individuals may 
bring lawsuits, and there are administrative processes related to 
amnesty, which may provide damages for human rights violations and 
compensation for alleged wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions; in practice, 
however, government authorities infringed on citizens' privacy rights. 
According to rights activists, the Government monitored the 
communications of political opponents, journalists, human rights 
groups, and suspected terrorists. Security officials reportedly 
searched homes without a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and press; however, the Government restricted these 
rights in practice through accusations of defamation and informal 
pressure on publishers, editors, and journalists.
    Individuals generally were able to criticize the Government 
privately without reprisal. However, citizens generally self-censored 
public criticism. The Government attempted to impede criticism by 
monitoring political meetings.
    The law specifies that freedom of speech must respect ``individual 
dignity, the imperatives of foreign policy, and the national defense.'' 
The state of emergency decree, introduced in 1992 and still in effect 
during the year, gives the Government broad authority to restrict these 
freedoms and take legal action against what it considers to be threats 
to the state or public order. A 2006 Presidential decree criminalizes 
free speech about the conduct of the security forces during the 
internal conflict of the 1990s.
    Radio and television were government-owned and broadcast coverage 
favorable to the Government. During nonelection periods, opposition 
spokesmen generally were denied access to public radio or television. 
Some opposition parties had severely limited access to television. 
These limitations, however, were less evident for radio. Political 
parties and independent candidates received the same amount of radio 
access time during the three-week campaign period prior to the May 2007 
legislative elections and prior to the November 2007 local elections. 
Several opposition parties said that their daily media allotment during 
the three-week period was the first time they had been allowed media 
access since the last election cycle.
    The country's print media consisted of numerous publications that 
supported or opposed the Government to varying degrees. According to 
Ministry of Communication statistics, 29 newspapers circulated in 
excess of 10,000 copies each. The Government owned two French-language 
and three Arabic-language newspapers. Many political parties, including 
legal Islamic parties, had access to the independent press and made use 
of it to express their views. Opposition parties also disseminated 
information via the Internet and in communiques.
    The law permits the Government to levy fines and imprison members 
of the press in a manner that restricts press freedom. The Government 
directly and indirectly censored and intimidated the media into 
practicing self-censorship. The Government used defamation laws to 
harass and arrest journalists, and the press faced government 
retaliation for criticizing government officials.
    Charges of defamation are based on a 1990 law that protects Islam 
from defamation, controls access to external information, and outlaws 
writing that threatens national unity. In 2001 the Government amended 
laws to criminalize writing, cartoons, and speech that insult or offend 
the President, the parliament, the judiciary, or the armed forces. The 
penal code imposes high fines and prison terms of up to 24 months for 
defamation or ``the insult'' of government figures, including the 
President, members of parliament, judges, members of the military, and 
``any other authority of public order.'' Those convicted face prison 
sentences that range from three to 24 months and fines of 50,000 to 
500,000 dinars ($737 to $7,370).
    The Government used these defamation laws regularly in an attempt 
to pressure editors, journalists, and the owners of printing houses. In 
December, Reporters without Borders (RSF) criticized the defamation 
laws as ``repressive legislation.'' In October 2007 the International 
Federation of Journalists condemned actions taken by the Government 
against journalists.
    Omar Belhouchet, editor of the French-language newspaper El-Watan, 
faced government pressure throughout the year for articles published in 
his newspaper. On March 4, a Jijel appeals court upheld defamation 
convictions against Belhouchet and columnist Chawki Amari. Belhouchet 
and Amari each received a sentence of two months in prison and fines of 
one million dinars ($15,000) for comments published in a 2006 El-Watan 
article.
    On December 23, an Algiers court sentenced Belhouchet and reporter 
Salima Tlemcani to three months in prison and a fine of 50,000 dinars 
($737) for allegedly libeling a faith healer in a 2004 article. 
Belhouchet and Tlemcani remained free at year's end pending an appeal.
    According to RSF, a court summoned Belhouchet on December 28 in 
connection with three libel cases relating to articles Belhouchet 
published several years ago about airfare increases and police killings 
of demonstrators. The court adjourned the cases until January 2009.
    On March 15, Yasser Abdelhai, a journalist at the Arabic-language 
daily newspaper Echourouk el-Youmi, received a court order to pay fines 
of four million dinars ($60,000) in connection with four separate 
defamation cases against him. Adbelhai faced legal sanction for 
allegedly criticizing mismanagement within the Jijel local government.
    On June 10, the Government revoked the Agence France-Presse (AFP) 
and Reuters bureau chiefs' press accreditations in response to reports 
the agencies filed on terrorist attacks in the country. Authorities 
alleged that the reports exaggerated or provided false information 
regarding a June 9 terrorist attack in Beni Amrane.
    On October 26, a court sentenced journalist Noureddine Boukraa to a 
three-month suspended sentence and a fine of 30,000 dinars ($440) after 
a police chief complained about a 2007 article by Boukraa accusing 
local police of corruption. Authorities originally requested a one-year 
jail sentence on charges of ``disclosing secrets from an investigation 
through the use of confidential documents,'' ``attacking the honor of a 
state body,'' and defamation.
    On October 28, an appeals court in Saida issued an additional two-
month prison sentence to journalist Hassan Bourras' original sentence 
of a 40,000 dinar ($590) fine. On March 24, a local court convicted 
Bourras of ``attacking state institutions'' for an article published in 
2006 criticizing the municipal administration of El-Bayadh.
    On December 12, authorities arrested and then later released 
journalist Faycal Benmedjahed, the editor of newspaper Alger 
Republicain, for an outstanding defamation charge from the 1990s as he 
tried to board a plane in Algiers.
    The Algiers court of appeals upheld the original suspended 
sentences of six months' imprisonment in the April 2007 case against 
editor Ali Fodel and reporter Naila Berahal. The court reduced the 
original fine of 500,000 dinars ($7,370) to 50,000 dinars ($737). In 
2006 an Algiers court convicted both men on charges of defaming Libyan 
leader Muammar al-Qadhafi and endangering the security of the Algerian 
and Libyan states.
    There were no developments in the April 2007 appeal of Saad Lounes, 
who was given a one-year sentence for tax fraud on the basis of a 
complaint by the Ministry of Commerce dating back to 1995. Lounes faced 
legal pressure for more than 10 years while he operated the only 
private printing press in the country.
    An appeals court reduced the October 2007 sentence of journalist 
Dhil Talal, convicted of defamation for an article exposing monetary 
losses of a government ministry, to a fine of 5,000 dinars ($75) and a 
six-month suspended prison sentence. Talal appealed this decision in 
September.
    Government economic leverage on the media was considerable. Most 
newspapers were printed at government-owned presses, except El-Watan, 
El Khabar, Quotidien d'Oran, and Echourouk el-Youmi.
    The Government continued to influence the independent press through 
the state-owned advertising company, Agence Nationale d'Edition et de 
Publicite (ANEP), which decided whether independent newspapers could 
benefit from advertisements placed by state-owned agencies and 
companies. ANEP, and therefore the Government, controlled the largest 
source of income for most newspapers. As has been the case in recent 
years, independent advertisers played a considerably smaller, but 
increasingly visible, role in advertising revenue.
    At the annual October Algiers Book Fair, the Ministry of Religious 
Affairs (MRA) banned the sale of 1,471 religious titles. Shortly before 
the book fair, the Government banned the printing of author and vocal 
government critic Mohamed Benchicou's latest book, The Diary of a Free 
Man. During the 2007 book fair, government officials confiscated and 
banned a previous book by Benchicou, The Jailhouses of Algiers.
    Satellite dish antennas were widespread and provided an estimated 
60 percent of households with access to European and Arab channels.
    Access to print and broadcast media for Amazigh culture continued 
to grow. As in recent years, Tamazight (the Amazigh or Berber language) 
programming also increased on the non-Berber language channels, as did 
advertisements in Tamazight on all television and radio channels. 
Beginning in the 2006-07 scholastic year, the Tamazight language was 
taught officially in primary schools, starting in the fourth grade, in 
17 predominantly Berber provinces. In 2007 the Government created an 
Academy and a Superior Council of the Tamazight language, pursuant to 
Article 3 of the constitution announcing that Tamazight is a national 
language. Both institutions are under the authority of the presidency.
    The Government continued restrictions on both the local and the 
international media's coverage of issues relating to ``national 
security and terrorism.'' Al-Jazeera's office remained closed since the 
Government banned it from operating in the country in 2004 for 
broadcasting a program featuring opposition figures criticizing the 
Government. Several international journalists continued to have their 
accreditations either withdrawn or denied.

    Internet Freedom.--Access to the Internet was generally unimpeded 
by the Government; however, the Government monitored e-mail and 
Internet chatrooms and in some cases prosecuted persons for content 
published on personal Web sites. In June 2007 a court fined blogger 
Abdulsalam Baroudi 10,000 dinars ($167) for posting defamatory material 
on a personal blog. Internet service providers can face criminal 
penalties for the material and Web sites they host, with the objective 
to prevent access to material ``incompatible with morality or public 
opinion.'' No cases were brought during the year.
    According to 2007 International Telecommunications Union data, 
there were approximately 190,000 subscribers and 3.5 million users of 
the Internet.

    Academic Freedom and Cultural Events.--Academic freedom generally 
was restricted in the same manner as freedom of expression. Academic 
seminars and colloquiums occurred without governmental interference, 
but there were delays in issuing visas to international participants 
and instances where international experts were denied entrance.
    A ban remained in effect during the year on the broadcast of songs 
by Reda Taliani following the 2007 National Radio of Algeria 
restriction of his material due to references to the Western Sahara 
being part of Morocco.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
provides for freedom of assembly and association; however, the 
Government severely restricted the exercise of these rights in 
practice.

    Freedom of Assembly.--The constitution provides for the right of 
assembly; however, the emergency decree and government practice 
continued to curtail this right. A 2000 decree banning demonstrations 
in Algiers remained in effect during the year. Authorities required 
citizens and organizations to obtain permits from the government-
appointed local governor before holding public meetings. The Government 
frequently granted licenses to political parties, NGOs, and other 
groups to hold indoor rallies, although licenses were often granted on 
the eve of the event, thereby impeding publicity and outreach.
    During July and August, police prevented a series of weekly sit-ins 
organized by trade unions and contract teachers who attempted to 
demonstrate near the Presidential offices. The police blocked walking 
routes to prevent persons from gathering. Eyewitnesses reported the 
police pushing and shoving participants but no beatings.
    The LADDH reported continuing difficulties in obtaining permission 
to hold outdoor meetings and seminars. Groups opposing the Charter on 
Peace and Reconciliation had difficulty securing permission to hold 
public gatherings.
    In 2007 security forces banned an international seminar on forced 
disappearances organized by several NGOs, and the Government denied 
visas for Roberto Garreton, a UN expert on human rights, and Anne 
Laurence Lacroix, deputy director of the World Organization Against 
Torture, to attend.
    On July 5, the NGO SOS Disparus marked the tenth anniversary of its 
weekly sit-in in front of the CNCPPDH headquarters to urge President 
Bouteflika to take further action on the problem of the disappeared. In 
2007 the Government broke up at least four marches, protests, and 
demonstrations outside the capital in El Oued, Ain Talout, Oran, and 
Boussaada.

    Freedom of Association.--The constitution provides for the right of 
association; however, the emergency decree and government practice 
severely restricted this right. The MOI must approve all political 
parties before they may be legally established. The Government 
restricted the registration of certain NGOs, associations, and 
political parties on ``security grounds'' but declined to provide 
evidence or legal grounds for refusing to authorize other organizations 
that could not be disqualified on security grounds. The Government 
frequently failed to grant official recognition to NGOs, associations, 
religious groups, and political parties in an expeditious fashion. The 
MOI may deny a license to or dissolve any group regarded as a threat to 
the Government's authority or to public order. Political activities by 
anyone responsible for having used religion leading to the ``national 
tragedy'' are prohibited by the law implementing the amnesty.
    The Government issues licenses and subsidies to domestic 
associations, especially youth, medical, and neighborhood associations. 
The MOI regarded organizations unable to attain government licenses as 
illegal. Domestic NGOs encountered bureaucratic obstacles to receiving 
financial support from abroad. Although not illegal, financial support 
from abroad is conditioned on a series of authorizations from the 
ministries of interior and national solidarity. These authorizations 
have been difficult to obtain. According to the MOI, there were 81,000 
registered associations, 5,000 of which were active during the year.
    SOS Disparus remained unrecognized but operated without 
interference.
    As in 2007, AI officials did not attempt to visit the country after 
having been denied visas in 2006. The Government issued visas to 
officials from Freedom House, a foreign NGO.
    The Government continued to make it difficult for international NGO 
representatives to obtain visas to visit the country. The Government 
maintained that legislation did not allow branches of foreign NGOs to 
operate legally in the country.

    c. Freedom of Religion.--The constitution provides for freedom of 
belief and opinion, but in practice the Government restricted religious 
freedom. The constitution declares Islam to be the state religion and 
prohibits institutions from engaging in behavior incompatible with 
Islamic morality. More than 99 percent of the population is Sunni 
Muslim. The constitution prohibits non-Muslims from running for the 
presidency. Non-Muslims may hold other public offices and work within 
the Government; however, human rights observers reported that such 
workers were not promoted and that some hid their religious 
affiliation.
    In February the Government began enforcing Ordinance 06-03, which 
increased restrictions on non-Muslim worship. The law limits the 
practice of non-Muslim religions and restricts public assembly for the 
purpose of worship. The law requires organized religious groups to 
register with the Government, controls the importation of religious 
texts, increases punishments for individuals who proselytize Muslims, 
and treats transgressions as criminal rather than civil offenses.
    According to reports from church leaders and human rights 
organizations, the Government ordered the closure of 27 churches for 
alleged noncompliance with the ordinance during the year. The 
Government also pressured domestic pastors, religious converts, and one 
foreign Catholic priest, accusing some of breaking the law's provisions 
banning proselytism.
    On January 30, a court in Maghnia issued a one-year suspended 
prison sentence to a foreign Catholic priest for praying with 
Cameroonian migrants in an unauthorized place of worship. Upon appeal 
he received a reduced suspended prison sentence of two months and a 
fine of 20,150 dinars ($297). He filed a new appeal, which was pending 
at the end of the year.
    In February authorities informed Reverend Hugh Johnson, a retired 
Methodist minister who resided in the country for 45 years, that his 
residence permit would not be renewed and advised him to leave the 
country. He was not provided an official reason for the nonrenewal and 
departed in March. According to press reports, a government official 
said Johnson was ordered to leave for reasons relevant to the 
``security of the state.''
    The law requires religious groups to register their organizations 
with the Government prior to conducting any religious activity. The 
Catholic Church was the only non-Islamic religious group officially 
registered to operate in the country. The Protestant, Anglican, and 
Seventh-day Adventist churches had pending registration requests with 
the Government and reported no government interference in their holding 
services. Other churches operated without registration, some openly, 
while others secretly practiced their faith in homes. Some churches, 
including Methodist and Presbyterian, affiliated their organizations 
with the Protestant Church of Algeria.
    Between February and April, members of a church in Ouadhia said 
they attempted to apply for registration 12 times. In each case local 
authorities refused to accept the documents.
    Conversion is not illegal under civil law, and apostasy is not a 
criminal offense; however, the Government interprets Shari'a as banning 
conversion from Islam to another religion. On March 30, authorities 
charged Habiba Kouider with ``practicing a non-Muslim religion without 
a permit.'' The prosecutor asked that Kouider be sentenced to three 
years in prison. Kouider was traveling by bus when police questioned 
her and found her to be carrying Bibles and other religious materials. 
At year's end the case remained ongoing.
    During the year authorities arrested Christian converts Yousef 
Ourahmane, Rachid Seghir, Hamid Ramdani, Djammal Dahmani, Jillali 
Saidi, Abdelhak Rabhi, and Chaaban Baikel for various combinations of 
proselytizing, blasphemy, and illegally practicing a non-Muslim faith. 
Courts sentenced each to prison terms and fines. A court acquitted 
Ourahmane, Seghir, and Ramdani of their charges on October 29. The 
other cases were pending at the end of the year.
    Authorities arrested six residents of the town of Biskra for eating 
and playing cards during daylight hours of Ramadan. On October 5, a 
judge found all six guilty and fined them 120,000 dinars each ($1,770). 
Six days later an appeals court judge overruled the decision, saying 
that the original sentence violated the constitution, which provides 
for freedom of belief. In a separate incident, the Algiers appeals 
court on November 18 reduced the sentence of three years' imprisonment 
to two months of time served for three men convicted of smoking during 
Ramadan. Authorities arrested the men September 21 and detained them 
for the duration of their trial.
    The Government restricted the importation of religious literature, 
including Islamic literature, intended for widespread distribution and 
infrequently arrested persons carrying such materials for personal use. 
In recent years non-Islamic religious texts, music, and videos were 
available for purchase in some stores in larger cities. The government-
owned radio station provided broadcast time for Protestant and Catholic 
radio broadcasts. The Government prohibits the dissemination of any 
literature portraying violence as a legitimate precept of Islam.
    The ministries of national education and religious affairs strictly 
required, regulated, and funded the study of Islam in public schools 
and monitored all Koranic schools to prevent extremist teachings. In 
September local press reported that the MRA dismissed 53 imams and 
closed 42 locations used for unauthorized Islamic worship.
    The Government monitored activities in mosques for possible 
security-related offenses, barred their use as public meeting places 
outside of regular prayer hours, and convoked imams to the MRA for 
``disciplinary action'' when deemed appropriate. The MRA provided 
financial support to mosques and trained, paid, and regulated the 
appointments and sermons of imams. However, officials stated that they 
rarely interfered with sermons beyond an advisory capacity. The penal 
code provides for prison sentences and fines for preaching in a place 
of worship without the authorization of both religious and national 
authorities. All persons, including imams recognized by the Government, 
are prohibited from speaking during prayers at the mosque in a manner 
that is ``contrary to the noble nature of the mosque or likely to 
offend the cohesion of society or serve as a pretext for such 
actions.'' The Government required imams to obtain permits to hold 
night prayers during Ramadan.
    In November local press reported that some imams filed censorship 
complaints with the MRA after they faced penalties for failing to 
address the November 1 anniversary of the revolution in their sermons. 
The ministry denied these claims.

    Societal Abuses and Discrimination.--The country's 1992-2002 civil 
conflict pitted self-proclaimed radical Muslims belonging to the Armed 
Islamic Group and its later offshoot, the GSPC--now known as AQIM--
against moderate Muslims. During the year radical Islamic extremists 
issued public threats against all ``infidels'' and ``apostates'' in the 
country, both foreigners and citizens. The country's terrorist groups 
generally did not differentiate between religious and political 
killings.
    The country's Jewish population numbered fewer than 100 persons, 
and there were no functioning synagogues. Anti-Semitic articles, 
political commentary, and cartoons appeared regularly in the Arabic-
language press. A member of the Jewish community reported receiving two 
anonymous death threats, and police responded by placing the 
individual's home and office under surveillance. The Government did not 
promote antibias education, and there is no hate crime legislation.
    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; however, the Government restricted the exercise of this 
right.
    The Government did not permit young men eligible for the draft, who 
had not yet completed their military service, to leave the country 
without special authorization; however, such authorization was granted 
to students and to persons with special family circumstances.
    Under the 1992 emergency decree, the interior minister and the 
provincial governors may deny residency in certain districts to persons 
regarded as threats to public order. The Government also maintained 
restrictions for security reasons on travel into the four southern 
provinces of Ouargla, El-Oued, Laghouat, and Ain-Salah, where much of 
the hydrocarbon industry and many foreign workers were located. The 
same decree permits the minister of the interior to place individuals 
under house arrest. AI reported that the measure was used to assign a 
residence to individuals already detained in DRS barracks, thus 
concealing prolonged arbitrary detention.
    The family code does not permit anyone under 18 to travel abroad 
without a guardian's permission.
    The law does not provide for forced exile, and it was not known to 
occur.

    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, there were no reports that the Government granted 
refugee status and asylum to new refugee applicants during the year. 
According to the Office of the UN High Commissioner for Refugees 
(UNHCR), the Government did not accept UNHCR-determined refugee status 
for individuals from sub-Saharan Africa fleeing conflict. The 
Government provided informal assistance to an estimated 1,000 Tuaregs 
in the south fleeing conflict in Mali and Niger. However, authorities 
did not extend legal protections to an estimated 1,400 asylum seekers 
from sub-Saharan Africa residing in Algiers, many of whom were deported 
after trials without legal counsel.
    The Government provided protection to an estimated 90,000 Sahrawi 
refugees who left the Western Sahara after Morocco took control of the 
territory in the 1970s. The UNHCR, the World Food Program, the Algerian 
Red Crescent, and other organizations also assisted Sahrawi refugees. 
Neither the Government nor refugee leadership allowed the UNHCR to 
conduct a registration of the Sahrawi refugees.
    In practice the Government provided some protection against the 
expulsion or return of refugees to countries where their freedom would 
be threatened, as was the case with the Sahrawi refugees. However, the 
Government did not provide protection to those fleeing conflict in west 
and central Africa.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens with the right to change their 
government peacefully through periodic elections based on universal 
suffrage. Although elections have been generally transparent, there are 
restrictions on political party activities which limit this right.

    Elections and Political Participation.--Multiparty parliamentary 
elections were held in May 2007 for the lower house on the basis of 
universal suffrage, but not all political parties were allowed full 
access to the electoral process. The MOI disqualified the Islamist 
party Islah on the grounds that its leader had not been elected in a 
recent party congress.
    Multiparty local elections were held in November 2007, but the 
election process was marred by irregularities and charges of fraud. No 
monitoring of the vote counting process was allowed at the local, 
district, or national level.
    A contested, multiparty Presidential election was held in 2004 on 
the basis of universal suffrage. The constitution mandates Presidential 
elections every five years and limits the incumbent to two terms. An 
election observer from the Organization for Security and Cooperation in 
Europe stated in a press conference that the election was generally 
free, fair, and transparent, although not without flaws. According to 
the constitution, the next Presidential election was scheduled to take 
place in 2009. On October 29, President Bouteflika announced his 
intention to seek parliamentary approval for a set of constitutional 
amendments that included a removal of Presidential term limits. On 
November 12, the parliament approved the proposed amendments by a wide 
margin with minimal debate.
    There were reports of restrictions placed on opposition political 
parties. Opposition candidates complained that the MOI regularly 
blocked registered parties from holding meetings and denied them access 
to larger and better equipped government conference rooms while 
facilitating the activities of the pro-Bouteflika National Liberation 
Front (FLN). The law requires that potential political parties receive 
official approval from the MOI to be established. To obtain approval, a 
party must have 25 founders from across the country whose names must be 
registered with the MOI. July 2007 amendments to the electoral law 
stated that a party must receive 4 percent of the vote or have received 
at least 2,000 votes in 25 wilayas (provinces) in one of the last three 
legislative elections in order to participate in national elections.
    Membership in the Islamic Salvation Front (FIS), a political party 
banned in 1992, remained illegal. The Government continued to refuse to 
register Wafa because its perceived ties to the banned FIS constituted 
a threat to national security, according to the interior minister. In 
July, Wafa leader Ahmed Taleb Ibrahimi announced that he was 
withdrawing from politics. The Government did not provide an official 
response to the 1998 registration request of the Democratic Front, 
which was not active during the year. No party may use religion or 
ethnic heritage as a basis to organize for political purposes. The law 
also bans political party ties to nonpolitical associations and 
regulates party financing and reporting requirements.
    There were three women in the cabinet. Women also held 30 of the 
389 seats in the Assembly and four of the 144 seats in the Council of 
the Nation. A woman led the Workers Party, and three major political 
parties--FLN, National Rally for Democracy, and Rally for Culture and 
Democracy--had women's divisions headed by women. The country did not 
have a quota system to require election of women to a certain 
percentage of seats in the parliament.
    The ethnic Tamazight minority of approximately nine million 
centered in the Kabylie region participated freely and actively in the 
political process and represented one-third of the Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties of two to 10 years in prison for official corruption; 
however, the Government did not implement the law effectively. In 2006 
the Government passed a law establishing a national anticorruption 
program, although parliamentarians removed a provision that required 
elected and senior officials to declare their assets and that lifted 
parliamentary immunity in certain cases. The parliamentarians argued 
that the existing penal code was sufficient to punish corruption 
offenses and that the decision to lift parliamentary immunity should 
reside solely with the parliament. In 2006 the President issued three 
decrees to implement provisions of the anticorruption legislation. The 
three Presidential decrees and the penal code address the types of 
offenses that the removed provision was intended to punish. The decree 
also stipulates the formation of an anticorruption agency, but it had 
not been established by year's end.
    Public procurement was often tainted with irregularities, including 
the excessive use of private agreements. According to the Ministry of 
Public Works, following the President's 2005 statement that the use of 
private agreements, including single source contracts, would be 
prohibited, government agencies began implementing a public tender 
policy for all infrastructure and large government projects. Some 
agencies, however, continued to use direct contracts for smaller and 
less publicized projects. For those public tenders, evaluations were 
not released to participating companies, and evaluation methods and 
techniques were not clearly defined.
    The Government took action on several high-profile cases of 
official corruption during the year. On April 6, President Bouteflika 
ordered the dismissal of Abdelkader Bousmail, director of religious 
affairs in Sidi bel Abbes, who was charged with mismanaging public 
funds.
    On May 5, press sources reported that the directorate general of 
the customs service dismissed five customs officers and sanctioned 
another 30 for professional incompetence and violations of the customs 
code. There were 65 officials charged with corruption in the customs 
service between January and October 2007.
    On May 11, press reports quoted MOI officials who stated that since 
2007, 1,325 employees of municipal and provincial governments were 
subject to legal proceedings for wasting public funds, forgery, and 
bribery. According to the report, authorities convicted 324 employees, 
while the others remained under investigation or had trials pending.
    In March a court found the former provincial governor, Djilalli 
Araar, guilty of corruption and embezzlement of public funds. At year's 
end Araar was serving a prison sentence. The Supreme Court lifted its 
order of judicial control and placed the former governor of Blida, 
Ahmed Bouricha, in parole status during the year. Bouricha resigned in 
2005 after authorities charged him with several corruption-related 
crimes in the mid-1990s.
    In July 2007 a court in Skikda sentenced two senior police officers 
to 10 years in prison and fined them 500,000 dinars ($7,370) for 
corruption. Ten mayors involved in the same case received sentences 
ranging from six months to one year and were fined 6,000 dinars ($90). 
In 2007, 24 police officers were convicted of corruption and received 
prison sentences; 192 police officers were sentenced in 2006.
    Although permitted under the constitution, authorities restricted 
access to government information. There is no law facilitating access 
to information. Throughout the year the MOJ, in cooperation with the 
UNDP, improved access to information about the country's judicial 
system and developed a modern information management system for 
penitentiaries. Citizens may now request personal legal records from 
the courts and receive the documents the same day.
    Lack of government transparency remained a serious problem. The 
Government did not release many economic statistics. All ministries 
have Web sites, but not all were updated. The MOJ provides information 
on citizens' rights and legislation.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government continued to restrict and harass some local NGOs and 
impeded the work of international NGOs. The Government interfered with 
attempts by some domestic and international human rights groups to 
investigate and publish their findings. Although some human rights 
groups, including the Algerian League for Human Rights (LADH) and 
LADDH, were allowed to move about freely, the most active and visible 
organizations reported interference by government authorities, 
including surveillance, monitoring of telephone calls, difficulty in 
securing meeting spaces, and difficulty in obtaining approval for 
international speakers to speak on sensitive issues.
    Domestic NGOs must be licensed by the Government and are prohibited 
from receiving funding from abroad without approval from the minister 
of national solidarity. However, approximately 100 unlicensed NGOs, 
such as women's advocacy groups and charity organizations, operated 
openly. Unlicensed NGOs did not receive government assistance, and 
citizens were at times hesitant to be associated with these 
organizations. The Government was not publicly responsive to reports 
and recommendations from domestic human rights NGOs.
    The most active independent human rights group was the LADDH, a 
legally recognized NGO with members throughout the country. The LADDH 
was not permitted access to government officials for human rights 
advocacy or research purposes or to prisons, except for normal lawyer-
client consultations.
    The smaller LADH is an independent organization based in 
Constantine. LADH was licensed and members throughout the country 
monitored individual cases.
    If an NGO is not legally recognized by the MOI, it is not allowed 
to conduct investigations. Sometimes, however, even legally recognized 
NGOs were prevented from conducting investigations. For example, the 
LADDH did not have access to prison camps or detention centers. 
Domestic NGO Djazairouna, also legally recognized, faced indirect 
government pressure.
    International NGOs continued to experience delays in obtaining 
visas, and outright refusals occurred. Delays in processing visa 
applications prevented NGOs from conducting programming during the 
year. A forum planned for 2006 was indefinitely postponed because of 
visa difficulties for international experts.
    The authorities cancelled a civil society meeting sponsored by the 
German Friedrich Ebert Foundation and the LADDH planned for October 5 
to discuss the 20th anniversary of the 1988 riots. According to the 
Ebert Foundation, officials gave no documented reason for the 
cancellation.
    On March 3, the prime minister urged foreign diplomatic missions to 
respect diplomatic courtesy and warned civil society and political 
organizations about holding meetings (with foreign missions) that 
``undermine the country's internal affairs.'' On April 9, Interior 
Minister Zerhouni told an audience of parliamentarians that 
international NGOs in Algeria were not ``helping or building'' the 
country.
    The ICRC had access to civilian prisons and pretrial detention 
centers.
    International NGO Handicap International and local NGO the National 
Foundation for Health Promotion and Research Development (FOREM), both 
of which worked on children's rights, did not report difficulty 
conducting investigations.
    In January 2007 Yakin Erturk, UN special rapporteur on violence 
against women, visited the country. However, the Government continued 
to deny requests for visits from the UN Working Group on Enforced or 
Involuntary Disappearances (pending since 1997), the UN special 
rapporteur on torture (pending since 1997), and the UN special 
rapporteur on extrajudicial executions (pending since 1998).
    The CNCPPDH is the government-established ombudsman for human 
rights. Directed by Farouk Ksentini, the CNCPPDH is composed of 22 
members from governmental bodies and 23 from civil society and NGOs. 
The nongovernmental members included representatives of Islamic 
religious organizations, the Red Crescent Society, and women's rights 
advocacy groups. The President approves nominees, and the CNCPPDH's 
budget and secretariat come from his office. The CNCPPDH is mandated to 
report on human rights issues, coordinate with police and justice 
officials, advocate domestic and international human rights causes, 
mediate between the Government and the population, and provide 
expertise on human rights issues to the Government. The public 
generally viewed CNCPPDH as progovernment. The group delivers its 
complete annual report only to the President and provides an abstract 
of the report for public viewing, thus rendering it difficult to 
measure the effectiveness of the organization's work.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on birth, race, 
sex, language, and social status. In general the Government enforced 
the nationality and family codes, although women continued to face 
legal and social discrimination.

    Women.--Rape, spousal and nonspousal, occurred. Nonspousal rape is 
illegal; spousal rape is not. Prison sentences for nonspousal rape 
range from one to five years. Claims filed by women for rape and sexual 
abuse continued to face judicial obstacles; however, women's rights 
activists reported that law enforcement authorities have become more 
sensitized to the issue. During the year, women's rights activists 
reported a significant increase in reports of violence against women.
    Spousal abuse occurred. The penal code states that a person must be 
incapacitated for 15 days or more and present a doctor's note 
certifying the injuries before filing charges for battery. Because of 
societal pressures, women frequently were reluctant to endure this 
process.
    According to the CNCPPDH, approximately 4,500 women were victims of 
assault during the first half of the year. Police statistics for that 
time period reported 2,675 cases of physical assault, 1,359 cases of 
abuse, 144 cases of sexual assault, and four deaths. Approximately 20 
percent of assailants were identified as male family members. A study 
researched in 2005 emphasized that the home was the ``privileged place 
for spousal violence.''
    In 2007 the National Institute of Public Health (INSP) and the 
police reported 9,099 cases of domestic violence.
    The police stated that violence against women was widespread in 
large cities. However, a March 2007 study published by the INSP showed 
that violence against women was more frequent in rural areas and among 
less-educated persons and was less likely to be reported in such cases 
because of societal pressures.
    During the year local women's NGOs, including SOS Femmes en 
Detresse, the Wassila Network, and Bent Fatma N'Soumer, spoke out 
against violence in the family.
    SOS Femmes en Detresse and the Wassila Network provided judicial 
and psychological counseling to abused women. Women's rights groups 
experienced difficulty in drawing attention to spousal abuse as an 
important social problem, largely due to societal attitudes. Several 
rape crisis centers run by women's groups operated, but they had few 
resources. The Working Women section of the General Union of Algerian 
Workers (UGTA) established a counseling center with a toll-free number 
for women suffering from sexual harassment in the workplace. The call 
center did not operate during most of the year due to budget 
constraints. From January to June 2007, the center received 1,108 
calls, compared with 1,524 in all of 2006. SOS Femmes en Detresse 
operated one call center in Algiers and a second call center in Batna. 
During the year the Algiers call center received 2,673 calls; the Batna 
call center received 1,869 calls.
    According to the penal code, prostitution is illegal; however, the 
INSP and female advocacy groups reported that prostitution was a 
growing problem.
    The punishment for sexual harassment is one to two years' 
imprisonment and a fine of 50,000 to 100,000 dinars ($750 to $1,500). 
The punishment is doubled for a second offense. The police stated that 
107 sexual harassment cases were reported to the police. The INSP 
reported that 50 sexual harassment cases were brought to court in 2007. 
The majority of reported cases of harassment occurred in the workplace. 
SOS Femmes en Detresse provided legal advice and counseling to 610 
women. During 2007 at least 500 women sought legal advice from the 
organization. However, the majority of women seeking assistance did not 
file formal complaints. According to the INSP, 10 persons were 
convicted in 2007 and received fines ranging from 2,000 to 50,000 
dinars ($30 to $750).
    During the year the minister delegate for the family and female 
condition, Nouara Djaffar, began implementation of the national 
strategy to combat violence against women, which has a focus on 
improving enforcement and providing assistance to victims. Local NGOs 
viewed this as a positive step toward improving the effectiveness of 
enforcement.
    The constitution provides for gender equality; however, some 
aspects of the law and many traditional social practices discriminated 
against women. The family code is based in large part on Shari'a. The 
family code prohibits Muslim women from marrying non-Muslims, although 
this regulation was not always enforced. A woman may marry a foreigner 
and transmit citizenship and nationality in her own right to both her 
children and spouse. Muslim men may marry non-Muslim women. Under both 
Shari'a and civil law, children born to a Muslim father are Muslim, 
regardless of the mother's religion.
    Women can seek divorce for irreconcilable differences and violation 
of the prenuptial agreement, among other grounds. In a divorce the 
amendments provide for the wife to retain the family's home until 
children reach 18 years of age. Custody of children normally is awarded 
to the mother, but she may not make decisions on education or take the 
children out of the country without the father's authorization. In 
practice more women retained the family's home when they had custody of 
the children.
    The family code affirms the Islamic practice of allowing a man to 
marry up to four wives. In practice, however, this occurs in 1 to 2 
percent of marriages, and polygamy is restricted.
    The amendments to the family code, in practice, contradicted the 
Shari'a requirement for a male sponsor's role and consent to the 
marriage of a woman, although the requirement has been formally 
retained. The sponsor continues to contract the marriage, but the woman 
may choose any male that she wishes to be the sponsor.
    Women suffered from discrimination in inheritance claims. In 
accordance with Shari'a, women are entitled to a smaller portion of an 
estate than male children or a deceased husband's brothers. According 
to Shari'a, such a distinction is justified because other provisions 
require that the husband's income and assets be used to support the 
family, while the wife's remain, in principle, her own. However, in 
practice, women do not always have exclusive control over assets that 
they bring to a marriage or that they earn themselves. Married women 
under 18 years of age may not travel abroad without permission of their 
husbands. Married women may take out business loans and use their own 
financial resources. According to the National Center of Trade Records, 
9,500 women had their own businesses in 2006. According to a World 
Economic Forum report, the women's unemployment rate was 17.5 percent 
during the year.
    Despite constitutional and legal provisions providing gender 
equality, in practice, women faced discrimination in employment. 
Leaders of women's organizations reported that discriminatory 
violations were common.
    In urban areas there was social encouragement for women to pursue a 
higher education or a career. Girls had a higher high school graduation 
rate than boys. According to 2006 official statistics, females 
represented 60 percent of the medical profession, 55 percent of the 
media profession, 30 percent of the upper levels of the legal 
profession, and more than 60 percent of the education profession. Of 
the 8.7 million workers, 1.5 million were female, representing only 18 
percent of the workforce. Women may own businesses, enter into 
contracts, and pursue careers similar to those of men. In addition, 36 
percent of judges were women. Women served at all levels in the 
judicial system, and female police officers were added to some 
precincts to assist women with abuse claims.
    In 2006 the ministries of religious affairs and health initiated a 
series of training sessions for imams and female guides in order to 
better address social and medical issues, including HIV/AIDS. As part 
of the program, 100 copies of a national guide on Islam and HIV/AIDS 
were distributed to the attendees.

    Children.--The Government was generally committed to protecting the 
welfare, rights, health, and education of children. Child abuse is 
illegal but continued to be a problem. NGOs that specialized in the 
care of children cited continued instances of domestic violence against 
children, which they attributed to the ``culture of violence'' 
developed since the civil conflict of the 1990s and the social 
dislocations caused by the movement of rural families to the cities to 
escape terrorist violence. Experts assumed that many cases went 
unreported because of familial reticence.
    In 2006 there were press reports of incidents involving the kidnap 
and rape of girls by terrorists, as well as numerous child deaths 
generally attributed to the GSPC. Terrorist groups did not claim 
responsibility for any of the incidents.
    The Government provides free education for children through high 
school. Education is compulsory until the age of 16. According to 2007 
statistics from the Ministry of National Education, 99 percent of 
children completed the ninth grade, compared with 98 percent in 2006. 
Boys and girls generally received the same education, although girls 
from rural areas were slightly more prone to leave school because of 
familial financial reasons, while sons were often given educational 
priority.
    The Government provided free medical care for all citizens, 
including children with disabilities, albeit in generally rudimentary 
facilities, and to both sexes equally.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and officials instead consider the issue covered by existing 
laws on illegal migration. The country is a transit point to Europe and 
a destination country for men, women, and children from sub-Saharan 
Africa and Asia trafficked for forced labor and sexual exploitation. 
The Government did not acknowledge trafficking to be a problem but saw 
it as part of the larger issue of illegal immigration. According to the 
Government, in the absence of specific antitrafficking laws, other laws 
against illegal immigration, prostitution, and forced labor are used to 
enforce antitrafficking standards. There were no indications of 
official government involvement in trafficking.
    Forced prostitution and domestic servitude of illegal immigrants 
from sub-Saharan Africa occurred as immigrants transited through the 
country, with the help of smugglers, seeking economic opportunity in 
Europe. The Government does not compile official statistical estimates 
of the severity of trafficking. No government assistance programs 
existed for victims, nor were there any information campaigns about 
trafficking.
    According to a June 2007 National Gendarmerie report, between 2001 
and 2007, the number of illegal African and Arab migrants exceeded 
30,000, most of them of African origin. Additionally, 14 percent of 
them came from Middle Eastern countries, including Egypt, Syria, 
Tunisia, and Iraq. Some migrants also came from Pakistan. Among the 
30,000 illegal migrants, there were 1,683 women and 1,300 minors. 
Statistics did not exist detailing how many of these migrants faced 
conditions of trafficking before, during, or after entering 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, access to 
health care, or the provision of other state services, although the 
Government did not effectively enforce these provisions in practice. 
The law provides protection, including free medical care, for persons 
with disabilities, especially children; however, there was widespread 
social discrimination against persons with disabilities. No government 
buildings were accessible to persons with disabilities. Public 
enterprises, in downsizing their work forces, generally ignored a 
requirement that they reserve 1 percent of jobs for persons with 
disabilities. Social security provided payments for orthopedic 
equipment, and some healthcare-oriented NGOs received limited 
government financial support. The MNS provided financial support to 
NGOs; however, for many NGOs this financial support represented 
approximately 2 percent of their budgets. The MNS maintained that there 
were 1.5 million persons with disabilities in the country. However, 
according to the Algerian Federation of Wheelchair Associations, there 
were three million persons with disabilities living in the country.

    Other Societal Abuses and Discrimination.--The penal code 
criminalizes public homosexual behavior, and there is no specific legal 
protection to homosexuals in the country. There was societal 
discrimination against homosexuals, but there was no reported violence 
or official discrimination. While some homosexuals lived openly, the 
vast majority did not.
    HIV/AIDS is considered a shameful disease in the country. According 
to March 2007 statistics released by the Ministry of Health, 2,100 
citizens were HIV-positive, and 736 persons suffered from HIV/AIDS. 
There were 54 centers offering free services to detect HIV/AIDS. 
According to a 2007 survey of 30,000 families in the 48 provinces 
performed by the United Nations Children's Fund, only 15 percent were 
aware of means to protect themselves from contracting HIV/AIDS. During 
the year the Health Ministry and the NGO AIDS Algerie launched an HIV/
AIDS prevention campaign, stressing the need to avoid discrimination, 
especially in the workplace, against those with HIV/AIDS.
Section 6. Workers Rights
    a. The Right of Association.--The constitution allows workers to 
form and join unions of their choice but requires workers to obtain 
government approval to form a union. The law on labor unions requires 
the Ministry of Labor (MOL) to approve or disapprove a union 
application within 30 days and allows for the creation of autonomous 
unions. However, the Government may invalidate a union's legal status 
if its objectives are determined to be contrary to the established 
institutional system, public order, good morals, or the laws or 
regulations in force. There are no legal restrictions on a worker's 
right to join a union. Approximately two-thirds of the labor force 
belonged to unions. The UGTA was the only legally recognized labor 
confederation. The UGTA includes national unions that are specialized 
by sector.
    Unions have the right to form and join federations or 
confederations. Unions may also recruit members at the workplace. In 
practice attempts by new unions to form federations or confederations 
were obstructed by delaying administrative maneuvers. Since 1996 the 
Autonomous Unions Confederation, which functions without official 
status, has attempted unsuccessfully to organize the autonomous unions. 
The law permits unions to affiliate with international labor bodies and 
develop relations with foreign labor groups. For example, the UGTA is a 
member of the International Confederation of Free Trade Unions. 
However, the law prohibits unions from associating with political 
parties and also prohibits unions from receiving funds from foreign 
sources. The courts are empowered to dissolve unions that engaged in 
illegal activities.
    The law provides for the right to strike, and workers exercised 
this right in practice, subject to some conditions. Under the state of 
emergency decree, the Government can require public and private sector 
workers to remain at work in the event of an unauthorized or illegal 
strike. According to the law on industrial relations, workers may 
strike only after 14 days of mandatory conciliation or mediation. On 
occasion the Government offered to mediate disputes. The law states 
that decisions reached in mediation are binding on both parties. If no 
agreement is reached in mediation, the workers may strike legally after 
they vote by secret ballot to do so. A minimum level of public services 
must be maintained during public-sector service strikes.
    The law provides that all public demonstrations, protests, and 
strikes receive prior government authorization. During the year strikes 
and labor meetings occurred in various sectors, including the 
construction, medical, port facility, and education sectors.
    In January the autonomous unions mobilized thousands of middle and 
high school students throughout the country to protest a November 2007 
salary package for education workers. The strike effectively shut down 
the education system for almost five days. In February the autonomous 
unions held two separate three-day strikes nationwide to demand better 
compensation for public-sector workers. During the summer contract 
teachers organized a 40-day hunger strike and attempted to stage a 
series of weekly sit-ins in front of the President's office. Unions 
continued to organize small-scale protests in October and November in 
the education, industrial, and maritime sectors.
    The authorities generally tolerated strikes but continued to 
enforce a ban on marches and demonstrations in Algiers in effect since 
2001.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining for all unions, and the Government 
permitted the exercise of this right, in practice, for authorized 
unions. According to the UGTA, 8.7 million workers are covered by 
collective bargaining agreements. The UGTA signed a total of 218 
collective bargaining agreements between 2000 and 2007, including 
sector-wide collective bargaining agreements and salary agreements 
covering industry, public works, and services. The UGTA is the only 
union authorized to negotiate collective bargaining agreements.
    The law prohibits discrimination by employers against union members 
and organizers and provides mechanisms for resolving trade union 
complaints of antiunion practices by employers.
    There were no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits all forms of forced or compulsory labor, including by 
children; however, there were reports from the MOL that such practices 
occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits participation by minors in dangerous, unhealthy, or 
harmful work or in work that is considered inappropriate because of 
social and religious considerations. The minimum legal age for 
employment is 16, except for apprentice positions. In order to be an 
apprentice, minors must have the permission of a legal guardian. In 
2006 the MOL stated that only 95 ``young workers'' were identified 
during site visits performed by labor inspectors at 5,847 companies. 
The MOL makes some surprise inspections of public sector enterprises, 
but it does not consistently enforce relevant statutes in the 
agricultural or private sectors.
    In 2005 the MOL reported a rate of child participation in the labor 
force of 0.56 percent. That figure was challenged in 2007 by the local 
NGO FOREM, a children's rights watchdog group financed by the European 
Union. According to FOREM, in the eight most populous provinces, 6 
percent of children age 10 and younger participated in the labor force, 
while 63 percent of children age 13 to 16 participated. The survey 
found children working a variety of hours in small workshops, on family 
farms, and especially in informal trades and street vending. In a 
November 2007 press conference, FOREM representatives said there were 
one million children working in the country, at least half of whom were 
under the age of 16.
    The MOL is responsible for enforcing child labor laws, but 
enforcement was hindered by a lack of sufficient human resources. In 
2006 and 2007 FOREM implemented a public awareness campaign aimed at 
encouraging children to remain in school until the age of 16, rather 
than participating in the workforce.

    e. Acceptable Conditions of Work.--The national minimum wage of 
12,000 dinars ($177) per month did not provide a decent standard of 
living for a worker and family. The minimum wage was established in 
2006 by a tripartite social pact between business, government, and 
labor. MOL inspectors were responsible for ensuring compliance with the 
minimum wage regulation; however, enforcement was inconsistent.
    The standard workweek was 37.5 hours, with one 10-minute break and 
one hour for lunch. Employees who worked beyond the standard workweek 
received premium pay on a sliding scale from time-and-a-half to double-
time, depending on whether the overtime was worked on a normal workday, 
a weekend, or a holiday. In general the MOL effectively enforced labor 
standards, particularly in the civil service and in public sector 
companies; however, enforcement was less efficient in the private 
sector because of low union density.
    The law contains well-developed occupational, health, and safety 
standards, but MOL inspectors did not enforce these regulations 
effectively. There were no reports of workers being dismissed for 
removing themselves from hazardous working conditions. Because 
employment was usually based on detailed contracts, workers rarely were 
subjected to unexpected conditions in the workplace. If workers were 
subjected to such conditions, they first could attempt to renegotiate 
the employment contract or, failing that, resort to the courts; 
however, the high demand for employment in the country gave an 
advantage to employers seeking to exploit employees. Economic migrants 
from sub-Saharan Africa working in the country without legal 
immigration status were not protected by the country's labor standards, 
making them vulnerable to exploitation.

                               __________

                                BAHRAIN

    Bahrain is a monarchy with a population of approximately 1,050,000, 
including approximately 530,000 who are citizens. King Hamad Bin Isa 
Al-Khalifa is the head of state and all branches of government. The 
King appoints a cabinet of ministers; half are members of the minority 
Sunni Al-Khalifa ruling family. The 2002 constitution reinstated a 
legislative body with one elected chamber, the Council of Deputies, and 
one appointed chamber, the Shura Council. All political societies 
participated in the 2006 parliamentary and municipal elections. Trained 
local observers did not report significant problems during the 
elections, although allegations persisted that the Government 
manipulated general poll center vote counts in some cases and 
gerrymandered political districts. Civilian authorities generally 
maintained effective control of the security forces.
    Citizens did not have the right to change their government. The 
Government restricted civil liberties, including freedoms of press, 
speech, assembly, association, and some religious practices. Domestic 
violence against women and children persisted, as did discrimination on 
the basis of gender, religion, nationality, and sect, especially 
against the Shia majority population. Trafficking in persons and 
restrictions on the rights of expatriate workers remained problems.
    On January 8, the Government passed comprehensive antitrafficking 
legislation that provides for significant fines and jail time for 
trafficking in persons. On December 23, the Government successfully 
prosecuted its first case under this law.
                        respect for human 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, in December 2007 Ali Jasem 
died after participating in a protest where Shia activists clashed with 
security forces. The official autopsy reported he died of ``acute 
cardiovascular and respiratory collapse'' after running more than two 
miles, but local human rights observers alleged his death was linked to 
inhaling tear gas used to disperse demonstrators.

    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 allegations during the year that security forces employed them.
    On several occasions during the year, police detained dozens of 
young men in connection with small but frequent skirmishes between 
police and youths throwing rocks and Molotov cocktails. These youths 
routinely alleged that while in custody, security forces beat them. 
Security forces denied the accusations, and some opposition political 
activists expressed doubt about some of the allegations.
    Following December 2007 protests, security forces arrested and 
detained dozens of protestors in the Adliya jail. Some detainees 
reported that judicial interrogators beat and electrocuted them in 
prison. One detainee, Maytham Badr al-Shaykh, alleged that 
interrogators sexually assaulted and electrocuted him. Officials denied 
the allegations of abuse. On April 6 and 9, a court-appointed medical 
team examined the detainees, and on April 10, the team testified that 
they could neither prove nor disprove the defendants' accusations of 
abuse. The Government denied the allegations, and on July 13, the high 
criminal court sentenced 11 of the 15 defendants to between one and 
seven years' imprisonment. The 11 lost their appeal on December 28.

    Prison and Detention Center Conditions.--According to previous 
reports, prisons generally met international standards, although the 
Government did not permit any independent inspections. Throughout the 
year some detainees alleged that prison and detention facility guards 
physically abused them, a charge that the Government denied. Court-
ordered medical examinations of those alleging abuse were inconclusive.
    The quasi-governmental Supreme Council for Women (SCW) conducted 
the most recent visit of the country's women's prison in Isa Town in 
2006. There was no publicly released SCW report on the visit.
    Although International Committee of the Red Cross (ICRC) officials 
visited the country during the year, they did not request prison 
visits. Bahrain Red Crescent Society officials reported that ICRC 
officials had not visited prisons since the release of all political 
prisoners in 2000.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions, although there were some allegations to the 
contrary.

    Role of the Police and Security Apparatus.--The Ministry of the 
Interior (MOI) is responsible for public security. It controls the 
Public Security Force and the extensive security service, which are 
responsible for maintaining internal order. The Bahrain Defense Force 
(BDF) is responsible for defending against external threats and also 
monitors internal security. The security forces were generally 
effective in maintaining internal order.
    A widespread lack of transparency made corruption in the security 
services difficult to assess. The press reported that in a number of 
cases, authorities jailed and/or fined law enforcement officials for 
misconduct, most often for accepting bribes.
    On November 22, the MOI announced that it disciplined 23 police 
officers during the year for committing human rights abuses. They 
received prison time and/or fines. The MOI maintained a hot line for 
citizens to report police abuses; however, many in the Shia community 
believed that the MOI condoned police activities and therefore did not 
report allegations of abuse. In practice the MOI responded to 
allegations of abuse and public complaints by establishing ad hoc 
investigation committees. These committees did not issue public reports 
of their findings.

    Arrest and Detention.--To apprehend felony suspects, the police 
must convince a judge based on evidence to issue an arrest warrant, 
which the police present to suspects upon arrest. Police and security 
forces must transfer suspects to the Public Prosecutor's Office within 
48 hours, and they generally respected that requirement in practice. 
Within seven days of arrest, a detainee must appear before a judge in 
the Public Prosecutor's Office. If the judge decides the suspect is a 
flight risk or a danger to society, he may allow up to an additional 45 
days of detention while the Public Prosecutor's Office conducts an 
investigation. This process may continue through subsequent reviews by 
different judges, but pretrial detention may not exceed six months. 
Judges may grant bail to a suspect and did so regularly.
    The 2006 counterterrorism legislation allows the public prosecution 
to detain a terrorism suspect for a five-day period. Upon request the 
public prosecutor may extend this period based on the needs of the 
investigation for up to an additional 10 days. At the end of this 
period, the detainee must be transferred to the public prosecution and 
questioned within three days. The public prosecutor must then decide to 
issue a detention order or to release the detainee. The detention order 
may not exceed 60 days.
    Detainees were generally allowed prompt access to visiting family 
members. Detainee access to attorneys was often restricted in the early 
stages of detention; attorneys must seek a court order to confer with 
clients. The state provided counsel to indigent detainees.
    On June 5, authorities released Khalid Nour and Hussain al-Ali on 
bail; police arrested the two in September 2007 on charges of taking an 
illegal commission and held them for 48 hours without access to an 
attorney. At year's end, the case remained pending.

    Amnesty.--On July 30, the King announced an amnesty for nearly 225 
persons, including many charged for rioting. The Government required 
those arrested for rioting to sign a pledge not to riot again. Seventy 
individuals refused to sign the pledge; they were released on August 2.
    On September 2, the King pardoned 136 persons convicted of crimes. 
Many had been detained and charged with riot-related offenses; others 
were common criminals.
    On January 31, the amnesty for illegal immigrants that began in 
August 2007 ended. At the end of the amnesty, 12,897 workers had 
returned to their home countries, 29,804 workers had transferred to a 
new employer, and 13,641 had renewed their expired visas, all without 
paying fines.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary. In contrast to previous years, the Government 
generally respected judicial independence in practice. During the year 
the Government lost cases or had appeals result in lighter sentences 
than sought by prosecutors. For example, on January 16, a judge 
sentenced the defendants in a prominent counterterrorism case to six 
months' imprisonment over the objections of the public prosecutor and 
political leaders, who had publicly called for lengthy prison terms. 
Some nongovernmental organizations (NGOs) alleged that many resident 
alien judges were susceptible to pressure from the Government, a charge 
the Government denied. There were also allegations of corruption in the 
judicial system; however, those alleging corruption provided no 
evidence. The constitution provides that the King appoint all judges by 
royal decree. The King also serves as chairman of the Supreme Judicial 
Council, the body responsible for supervising the work of the courts 
and the public prosecution.
    The legal system is based on a mix of British civil law, common 
law, Shari'a (Islamic law), and traditional laws. The judiciary is 
comprised of civil law courts and Shari'a courts.
    The civil law courts adjudicate all civil and commercial cases, 
criminal cases, and personal status cases among non-Muslims. The courts 
of minor cases (the lower courts and the Court of Execution) have one 
judge, while the high courts have three judges with jurisdiction over 
felonies, personal status cases, and appeals.
    The Shari'a courts have jurisdiction over personal status cases 
involving citizen and noncitizen Muslims. There are separate courts for 
Sunni and Shia Muslims, each of which has three levels: the Shari'a 
court, the High Shari'a Court, and the High Shari'a Court of Appeal. 
The High Shari'a Court of Appeal is composed of a minimum of two 
judges. In the event of a disagreement, the Ministry of Justice and 
Islamic Affairs (MOJIA) provides a third judge, and the decision is 
based on a majority vote. There are 13 judges in the Sunni Maliki 
Shari'a courts and 14 judges in the Shi'a Ja'afari Shari'a courts.
    The Constitutional Court provides final and binding ruling on the 
constitutionality of laws and statutes. The court's membership consists 
of a President and six members, all appointed by the King to nine-year 
terms that may not be abridged.
    The BDF maintains a separate court system that tries only military 
personnel accused of offenses under the Military Code of Justice. The 
MOI has a similar system for trying police officials. There were no 
reports of either court considering cases involving civilian, common 
criminal, or security cases during the year.

    Trial Procedures.--According to the constitution, defendants are 
presumed innocent until proven guilty. Civil and criminal trial 
procedures provided for an open trial. Juries are not used. By law and 
in practice, defendants have the right to prompt consultation with an 
attorney of their choice within 48 hours, and the Government provided 
counsel to indigent defendants. Defendants are present during trial 
proceedings, and they have the right to present witnesses and evidence 
on their behalf and question witnesses against them. No law governs 
defendants' access to government-held evidence, and the Government 
often reviewed evidence prior to defendants' access to it. Women's 
legal rights varied according to Shia or Sunni interpretations of 
Islamic law.

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

    Civil Judicial Procedures and Remedies.--Citizens may bring civil 
suits before the court seeking cessation of or damages for human rights 
violations; however, the Government maintained that the 2001 general 
amnesty granted immunity for alleged human rights violations committed 
prior to 2001.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution provides for personal freedom and 
freedom from arbitrary interference with privacy, home, and 
correspondence except under the provisions of the law and under 
judicial supervision. The Government is required to obtain a court 
order before monitoring telephone calls, e-mail, and personal 
correspondence. Many Shia believed police informer networks were 
extensive and sophisticated but were unable to provide concrete 
evidence.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
restricted freedom of speech and of the press, but the Government 
limited the exercise of these rights in practice. Both censorship and 
self-censorship took place.
    The law forbids any speech or discussion infringing on public order 
or morals. In private settings individuals openly expressed critical 
opinions regarding domestic political and social issues. There was also 
considerable freedom of expression on the Internet, in letters to the 
editor, and occasionally on state-run television call-in shows.
    The Government did not own any print media, but the Ministry of 
Information (MOINFO) exercised considerable control over local, 
privately owned print media. The Government owned and operated all 
local radio and television stations and vetted the selection of the 
country's Al-Jazeera correspondent. Radio and television broadcasts in 
Arabic, Farsi, and English from countries in the region, including by 
satellite, were received without interference.
    The Government enforced at its discretion the press law to restrict 
freedom of speech and press. The law provides for prison sentences of 
at least six months for criticizing Islam or the King or inciting 
actions that undermine state security, and it allows fines up to 2,000 
dinars ($5,300) for 14 other offenses, including publicizing statements 
issued by a foreign state or organization before obtaining the consent 
of the minister of information, publishing any news reports that may 
adversely affect the value of the national currency, reporting any 
offense against the head of a state that maintains diplomatic relations 
with the country, or publishing offensive remarks towards an accredited 
representative of a foreign country because of acts connected with the 
person's position.
    Government censorship took place. MOINFO representatives actively 
monitored and blocked local stories on sensitive matters, especially 
those related to sectarianism and national security or criticism of the 
royal family, the Saudi royal family, and judges. Journalists also 
practiced widespread self-censorship. According to some members of the 
press, government officials contacted editors directly and asked them 
to stop writing about certain subjects or asked them not to publish a 
press release or a story. There were reports that the Government paid 
journalists to represent the 2006 parliamentary elections favorably. In 
addition the Press and Publications Directorate at the MOINFO reviewed 
all books and publications prior to issuing printing licenses.
    A 2006 High Criminal Court injunction against the publication of 
any news, commentary, or other information, including on the Internet, 
about a report on election manipulation written by Salah al-Bandar 
remained in effect at year's end.
    The Government did not pursue a May 2007 libel complaint against 
Isa al-Shaiji for articles that allegedly criticized Egyptian Islamic 
Brotherhood preacher Wagdy Ghunaim's views.
    In November 2007 the Government began granting licenses previously 
denied for publication of several books pertaining to Islamic history, 
modern history of the country, and democracy. At year's end four books 
were still denied publication.

    Internet Freedom.--The Government restricted use of the Internet. 
The Government was a major shareholder in the Bahrain 
Telecommunications Company (Batelco), the country's principal 
telecommunications company, which prohibited user access to Internet 
sites considered antigovernment or anti-Islamic. Unlike in previous 
years, e-mail use reportedly was not monitored. The Government 
continued to invoke the press code to justify the questioning of some 
journalists and bloggers. By law Web site administrators face the same 
libel laws that apply to print journalists, and Web masters are held 
jointly responsible for all content posted on their Web sites or chat 
rooms.
    Most residents had access to the Internet in the home, workplace, 
or Internet cafes. The number of Internet users increased by 25 percent 
in 2007, and at year's end there were approximately 86,000 Internet 
subscribers.
    The Government regularly monitored and attempted to block local 
access to numerous Web sites, including local blogs and chat sites, 
human rights Web sites, sites containing information about Arab 
Christians, and the Wa'ad political society's Web site. Public 
discussion of blocked Web sites was widespread. Many users were able to 
access blocked sites through alternate servers.
    On June 22, the prime minister ordered the creation of a committee 
to monitor Web sites to combat sectarianism and promote national unity 
and the country's Arab identity. On June 23, the committee, headed by 
the MOI with MOINFO and MOJIA representatives, ordered three Web sites, 
two Sunni and one Shia, blocked pending government registration and 
removal of all sectarian material. The two Sunni sites removed 
sectarian material and applied for registration, and the Government 
removed the blocks the following day. By year's end the Shia Web site, 
Awaal.net, had not complied and remained blocked.
    On June 28, the Government detained six Shia opposition political 
society members for publishing material on the Internet and in a 
newsletter that incited ``hatred against the Government'' and 
sectarianism. Authorities released them after 20 hours. On July 2, the 
case was suspended in exchange for their promise to post no more 
inflammatory content.

    Academic Freedom and Cultural Events.--The constitution provides 
for academic freedom.
    There were no government restrictions on academic freedom or 
cultural events during the year. However, some academics self-censored, 
avoiding contentious political issues.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of free assembly, 
but the law restricts the exercise of this right, and security forces 
intervened in some demonstrations during the year. Organizers must 
submit requests for public gatherings or demonstrations to the MOI at 
least 72 hours in advance. Three citizens from the proposed 
demonstration area must sign the application. If there is no response 
to the request, the gathering may proceed. The law prohibits public 
gatherings near hospitals, airports, commercial centers, designated 
security-related facilities, or funeral processions, as well as 
gatherings between 11 p.m. and 7 a.m., unless the chief of public 
security or his deputy permits such in writing. The law states that 
funeral processions may not be turned into political rallies and that 
security officials may be present at any public gathering. The head of 
public security must notify the organizers about any official changes 
to the request (such as location, time, or route) at least 48 hours 
prior to the event. Organizers of an unauthorized gathering face prison 
sentences of three to six months.
    The Government specifically limited and controlled political 
gatherings. The law regulates election campaigns and prohibits 
political activities at worship centers, universities, schools, 
government buildings, and public institutions. Unlike in previous 
years, there were no reports that the MOI told mosque leaders and 
owners of ma'tams (Shia religious community centers) to close their 
doors to prevent meetings from occurring; however, the Government did 
not allow ma'tams or other religious sites to be used for political 
gatherings without permission.
    On May 15, the Amal political society used a ma'tam for internal 
party elections. On May 18, the MOJIA charged Amal with violating the 
law and attempted to have its financial aid suspended for 90 days. Amal 
appealed, and on October 27, the MOJIA announced it had dropped the 
case.
    Government security forces intervened in some demonstrations during 
the year.
    Antigovernment demonstrations occurred in numerous Shia villages 
around the country on an almost weekly basis during the year. Bands of 
Shia youth, allegedly instigated by members of the unregistered Haq 
movement, regularly appeared at the end of both registered and 
unregistered demonstrations where, according to Shia community members 
and MOI officials, they burned tires and trash and threw Molotov 
cocktails and stones at riot police.
    The police often dispersed demonstrations with tear gas. Local 
human rights NGOs alleged that riot police used tear gas against 
peaceful demonstrators; however, the MOI countered that it used tear 
gas in response to attacks by demonstrators. Numerous organizations, 
including Al Wifaq National Islamic Society, the Bahrain Human Rights 
Society (BHRS), and the officially disbanded Bahrain Center for Human 
Rights (BCHR), alleged that MOI forces used rubber bullets to break up 
demonstrations. Senior MOI officials said the police used only less 
dangerous rubber baton rounds.

    Freedom of Association.--The constitution provides for the right of 
freedom of association; however, the Government limited this right in 
practice. Although the Government does not allow the formation of 
political parties, it authorized registered political societies to run 
candidates and participate in other political activities.
    The Government required all groups to register: civil society 
groups with the Ministry of Social Development (MOSD), political 
societies with the MOJIA, and labor unions with the Ministry of Labor 
(MOL). The Government decided whether the group was social or political 
in nature based on its proposed bylaws. The law prohibits any activity 
by an unlicensed society and any political activity by a licensed civil 
society group.
    To apply for registration, a political society must submit its 
bylaws signed by all founding members, a list of all members and copies 
of their residency cards, and a financial statement identifying the 
society's sources of funding and bank information. The society's 
principles, goals, and programs must not run counter to either Shari'a 
law or the national interest as interpreted by the judiciary, and it 
may not be based on sectarian, geographic, or class identity.
    A civil society organization applying for registration must submit 
its bylaws signed by all founding members and minutes of meetings of 
the founding committee stating names of founding members, their 
professions, their place of residence, and containing their signatures. 
The law provides the MOSD the right to reject the registration of any 
civil society if it finds the society's services unnecessary, already 
provided by another society, contrary to state security, or aimed at 
reviving a previously dissolved society. Associations whose 
applications are rejected or ignored may appeal to the High Civil 
Court, which may annul the MOSD's decision or refuse the complaint.
    The MOSD continued to deny the National Committee for the 
Unemployed to register as a civil society group because of the 
political nature of its activities and the Bahrain Youth Human Rights 
Society (BYHRS), likely because some of its members were under 18 years 
of age and because of its ties to the dissolved BCHR. On November 6, 
the MOJIA filed legal proceedings against the BYHRS President that 
superceded the November 2007 MOSD case. At year's end the case was 
pending.
    On August 12, the MOSD appointed Fakhria Dairi chairwoman of the 
Bahrain Nurses Society (BNS) after the BNS failed to hold regular 
elections in conformance with its bylaws. The BNS subsequently held an 
election on August 24, which the ministry determined was illegal 
because the board failed to notify the MOSD in advance. BNS supporters 
alleged that the ministry enforced the law as punishment for a BNS 
threat to strike at the largest public hospital.

    c. Freedom of Religion.--The constitution states that Islam is the 
official religion and that Shari'a is a principal source for 
legislation. The constitution provides for freedom of conscience, the 
inviolability of worship, and the freedom to perform religious rites 
and hold religious parades and meetings, in accordance with the customs 
and laws of the country; however, the Government placed some 
limitations on the exercise of this right. The law requires all 
religious groups to obtain a permit from the MOJIA to operate and hold 
religious meetings. Depending on a group's activities, it may also need 
approvals from the MOSD, the MOINFO, and/or the Ministry of Education. 
The constitution prohibits speech considered blasphemous or anti-
Islamic.
    The Baha'i congregation, repeatedly denied registration in previous 
years, continued to gather and worship freely without government 
interference. Numerous Christian churches operated freely, although 
several could not successfully register. Most of these cases related to 
zoning concerns and neighbors' complaints about parking near houses 
used as unregistered churches. Other religious minorities, including 
Sikhs and Hindus, practiced freely. Immigrants and noncitizens faced no 
government restrictions on religious observance.
    The Government funded and closely controlled all official religious 
institutions, including Shia and Sunni mosques, Shia ma'tams, Shia and 
Sunni waqfs (religious endowments), and the religious courts, and it 
may withhold funding to punish particular individuals or places of 
worship, although reports of this were not common. New mosques were 
dependent upon the Government's nontransparent land allocation process, 
and allocation reportedly was not proportionate to the Shia community's 
relative population in the country. At year's end the MOJIA had not 
approved an application for a Shia ma'tam that was close to the 
community in Hamad Town, leading individuals in the community to 
convert parts of their homes into ma'tams.
    Islamic studies are mandatory for all public school students.
    The law prohibits proselytizing by non-Muslims; however, bookstores 
owned by Bahrainis, other Arabs, and other expats openly sold and 
displayed religious materials, including Christian Bibles, without fear 
of government intervention or reprisal.
    The Government scrutinized carefully those who chose to pursue 
religious study in Iran.

    Societal Abuses and Discrimination.--Government and societal 
discrimination against the majority Shia population remained a problem. 
Sunnis received preference for employment in sensitive government 
positions and in the managerial ranks of the civil service, and the 
defense and internal security forces were predominantly Sunni. Unlike 
in previous years, there were no reports of religious discrimination in 
university faculty employment. Although Shia citizens held posts in the 
security forces, with few exceptions positions were not high ranking. 
During the year the Ministry of Defense did not recruit Shia for 
military service; however, the MOI made increasing efforts to recruit 
Shia into unarmed security agencies such as traffic and community 
police. In the private sector, Shia tended to work in lower-paid, less-
skilled jobs. Educational, social, and municipal services in most Shia 
neighborhoods were inferior to those found in Sunni communities.
    The Jewish community had approximately 36 members, one of whom 
served in the Shura Council until the King appointed her ambassador to 
the United States on April 22.Some anti-Jewish political commentary and 
editorial cartoons appeared, usually linked to the Israeli-Palestinian 
conflict, without government response. Although the one synagogue was 
not open due to the small size of the Jewish community in the country, 
Jews practiced their faith privately without interference from the 
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 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 
assisting refugees and asylum seekers.
    The law provides that the Government may reject applications to 
obtain or renew passports for ``reasonable cause,'' but the applicant 
has the right to appeal such decisions before the High Civil Court. In 
practice authorities relied on determinations of national security when 
adjudicating passport applications.
    The constitution prohibits forced exile, and there were no reports 
of forced exile or return from exile during the year. Some political 
oppositionists who refused the 2001 amnesty remained in self-imposed 
exile.

    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 there is 
no 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.

    Stateless Persons.--Citizenship is derived from one's parents. By 
law foreign women who marry citizens are eligible for citizenship after 
five years of marriage; however, foreign men who marry citizens are not 
entitled to citizenship, and neither are their children. The Bahrain 
Women's Society (BWS) reported that there were 128 stateless children 
in the country. In 2006 King Hamad issued a royal decree granting 
citizenship to at least 372 children of citizen mothers and noncitizen 
fathers. However, this action did not change the law, so children born 
after the decree continued to face statelessness.
    The law clearly defines naturalization requirements, but 
adjudication of naturalization applications was not transparent. 
Opposition groups claimed that the Government regularly ignored 
naturalization rules to manipulate demographics for voting purposes and 
to maintain Sunni domination of the police and defense forces. 
According to these opposition groups, the Government was more lenient 
with naturalization requests from expatriates in the security forces, 
while Shia and other applicants experienced delays in the processing of 
their cases. The Government occasionally granted citizenship to Sunni 
residents from neighboring countries. The Government stated that some 
Saudis who had received citizenship were the grandchildren of Bahraini 
citizens who had immigrated to Saudi Arabia and had a legal right to 
citizenship. The Ministry of Interior reported that it has naturalized 
7,012 persons, including formerly stateless children, since 2003.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government or their 
political system; however, the constitution provides for a 
democratically elected Council of Deputies, the lower house of 
parliament. The King appoints the prime minister, who then proposes 
cabinet ministers. Members of the royal family held all strategic 
cabinet ministry positions and approximately half of all ministerial 
slots.
    The bicameral National Assembly consists of the 40-member popularly 
elected Council of Deputies and the 40-member appointed Shura 
(Consultative) Council. Members of either house may propose 
legislation, but the Office of Legal Affairs, a quasi-independent body 
linked to the MOJIA, drafts the actual text of bills. The King may veto 
bills passed by the National Assembly, which in turn may override a 
veto by a two-thirds majority vote. If the legislature overrides a 
veto, the King must promulgate the bill into law within one month. 
Since the reopening of parliament in 2002, the King has not vetoed any 
legislation, and the Government has not submitted any bill to 
parliament that a member of either council proposed.
    The King may dissolve the Council of Deputies at his discretion. He 
retains the power to amend the constitution and to propose, ratify, and 
promulgate laws. Either council may question government ministers, and 
the Council of Deputies may require a minister's resignation with a 
two-thirds majority vote of no confidence. The Council of Deputies may 
introduce a resolution indicating it cannot cooperate with the prime 
minister, in which case the joint National Assembly would have the 
option to pass the resolution by a two-thirds majority, requiring the 
King to either dismiss the prime minister or dissolve the Council of 
Deputies. The situation of a no-confidence vote has never arisen.

    Elections and Political Participation.--All registered political 
societies, including the four that boycotted the 2002 elections, 
participated in the 2006 Council of Deputies elections. Although no 
international observers participated, the Government permitted nine 
local civil society groups, including the Bahrain Human Rights Watch 
Society (BHRWS) and the Bahrain Society for Public Freedoms, access to 
poll stations to observe voting. The Bahrain Transparency Society and 
the BHRS joined efforts to form the Election Monitoring Joint Committee 
(EMJC) and trained more than 200 local observers. The Government asked 
a foreign organization involved in political party training and 
election observation to leave the country during the campaign process 
and elections.
    In its February 2007 report, the EMJC stated there were no 
widespread attempts to influence the outcome of the elections, although 
it noted that candidates did not cease campaign activities 24 hours 
prior to the polls as required by law. Official polling station 
observers did not report significant problems during the voting 
process, although there were allegations that in some cases the 
Government may have manipulated general poll center vote counts against 
opposition candidates in close races. The opposition also alleged that 
the Government gerrymandered the districts to protect Sunni interests.
    The Government did not allow the formation of political parties, 
but 15 political societies, which received some government funding and 
operated like political parties, chose candidates for parliamentary and 
municipal elections, campaigned for political office, developed 
political platforms, held internal elections, and hosted political 
gatherings. Political societies were highly critical of provisions in 
the law requiring them to notify the MOJIA before contacting political 
groups abroad.
    The law prohibits civil society groups from engaging in political 
matters; however, the Government permitted such activity at its 
discretion.
    There were 10 women in the Shura Council and one in the Council of 
Deputies. Two women served as cabinet ministers, three women sat as 
judges in the criminal courts, and one was a judge in the 
constitutional court.
    Shia and Sunni citizens have equal rights before the law; however, 
Sunnis dominated political life even though Shia comprised the majority 
of the citizen population. Twenty Shura Council members were Shia 
Muslims, 19 were Sunni, and one was Christian. Four of the 23 cabinet 
ministers were Shia, including a deputy prime minister.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
always implement the law effectively, and some officials reportedly 
engaged in corrupt practices with impunity. Significant areas of 
government activity continued to lack transparency. The annual National 
Audit Bureau report released on November 7 analyzed the accounts of 
state-owned entities and alleged that oil revenue of more than 232 
million dinars ($615 million) was unaccounted for.
    On February 25, the Lower Criminal Court found an officer and a 
manager of the parastatal ship-building company Arab Shipbuilding and 
Repair Yard guilty of embezzlement and misuse of company charge cards 
and sentenced them to one year's imprisonment, suspended, and three 
years' imprisonment, respectively. The Government increased official 
supervision of the company by appointing the director of customs as 
chairman of the yard's board.
    On November 16, the Lower Criminal Court sentenced the manager of a 
cleaning company to three years' imprisonment and a 5,000 dinar 
($13,250) fine for attempting to bribe the new minister of 
municipalities. His lawyer immediately appealed the case, and the 
appeal remained pending at year's end.
    In June 2007 the Ministry of Industry and Commerce filed a 
complaint with the public prosecution accusing nine employees of 
embezzlement. A few days later authorities arrested the individuals. 
The court released the nine on bail, and the case remained pending at 
year's end.
    The law does not provide citizens access to government-held 
information or require government officials to provide financial 
disclosures.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Restrictions on freedom of association and expression hindered 
investigation or public criticism of the Government's human rights 
policies; however, local and international NGOs published reports on 
human rights during the year. There were three major human rights 
groups that reported on issues of concern: the independent BHRS, which 
was widely viewed as allied with the socialist legacy party Wa'ad; the 
BHRWS, which considered itself independent, although some leaders were 
also members of the appointed Shura Council and its former President 
was appointed in April as an ambassador; and former members of the 
dissolved BCHR, which often coordinated its activities with the 
unregistered oppositionist Haq movement.
    In recent years the Government has allowed increased interaction 
between local civil society groups and international human rights 
organizations. During the year citizen members of Amnesty 
International, who have not registered as an NGO with the MOSD, carried 
out several activities without interference by the Government.
    On January 24, the Public Prosecution authorized the BHRS to visit 
some detainees from the December 2007 riots, as long as physicians did 
not accompany the BHRS. On January 26, the public prosecutor withdrew 
permission when the BHRS insisted that physicians accompany the 
inspection team.
    On April 27, the Government submitted its report as part of the 
UN's periodical review of human rights. Some human rights NGOs, 
including the BHRS, BHRWS, Bahrain Transparency, and members of the 
disbanded BCHR, alleged that the Government did not inform them of the 
deadline for submission of concurrent reports. The NGOs attended the 
review and submitted their own reports.
    Although the law prohibits foreign NGOs from registering with the 
Government, the Government generally did not interfere with their 
activities provided it did not perceive these activities as interfering 
in the political system. In previous years the Government provided 
written warning to foreign NGOs it believed had interfered in internal 
political matters. In 2006 the Government declined to renew the 
residence permit of an NGO chief who had become the focus of 
controversy, with the result that the NGO's local office closed. The 
NGO resumed operations in 2007 from a regional hub office located 
outside the country, and in partnership with a local NGO.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equality, equal opportunity, and the 
right to medical care, welfare, education, property, capital, and work 
for all citizens. However, these rights were protected unevenly, 
depending on the individual's social status, sect, or gender.

    Women.--Rape is illegal; however, the law does not address spousal 
rape. The press reported cases of men arrested for the crime, including 
a few cases in which fathers of rape victims sought lighter sentences 
for perpetrators. There was no information on the number of rape and 
sexual assault cases brought to the public prosecutor or any resulting 
convictions.
    No government policies or laws explicitly addressed domestic 
violence against women. Spousal abuse of women was widespread, 
particularly in poorer communities. Women rarely sought legal redress 
for violence, and there was little public attention devoted to the 
problem. The Batelco Care Center for Family Violence continued to offer 
free medical, psychological, legal, and social assistance to victims of 
violence, primarily women and children, and it operated an abuse hot 
line that recorded 728 cases involving domestic abuse during the year.
    Prostitution is illegal, but it occurred. Most prostitutes were 
expatriate women, and some were victims of trafficking. Customers were 
primarily expatriates.
    Sexual harassment is prohibited but remained a widespread problem 
for women, especially foreigners working as domestics and in other low-
level service jobs. The press reported a number of cases of men 
arrested for sexually harassing women.
    Women faced discrimination under the law. Women have the right to 
initiate a divorce; however, religious courts may refuse the request. 
In divorce cases the courts routinely granted mothers custody of 
daughters under age nine and sons under age seven. Custody usually 
reverted to the father once the children reached those ages. Regardless 
of custody decisions, the father retained guardianship, or the right to 
make all legal decisions for the child, until the child reached the age 
of 21. A noncitizen woman automatically loses custody of her children 
if she divorces their citizen father without just cause. A Muslim woman 
can legally marry a non-Muslim man if the man converts to Islam.
    Women may own and inherit property and represent themselves in all 
public and legal matters. In the absence of a direct male heir, Shia 
women may inherit all property; however, Sunni women without a direct 
male heir inherit only a portion as governed by Shari'a, while the 
brothers or male relatives of the deceased divide the balance. In 
practice better-educated families used wills and other legal maneuvers 
to mitigate the negative effects of these rules.
    Labor laws prohibit discrimination against women; however, 
discrimination against women was systemic in the country, especially in 
the workplace. The influence of religious traditionalists sometimes 
hampered women's rights. According to the Central Bank, women 
constituted 16 percent of the private sector workforce and 46 percent 
of the Government workforce in 2007.

    Children.--The Government generally honored its commitment to 
children's welfare through enforcement of related civil and criminal 
laws and an extensive social welfare network. Children born to citizen 
mothers and noncitizen fathers were not entitled to citizenship and 
were not eligible for certain social services.
    According to the BWS, child abuse was common. The BWS ``Be Free'' 
Campaign, which has sponsored a Web site for victims of child abuse 
since 2002, reported that during the year it received between 300 and 
400 e-mails per month from persons reporting to have been victims of 
child abuse.

    Trafficking in Persons.--On January 8, the Government enacted a 
comprehensive law that prohibits all forms of trafficking in persons; 
however, there were reports that persons were trafficked to and through 
the country.
    The country was a destination for persons trafficked from Southeast 
Asia, South Asia, the Horn of Africa, and the former Soviet Union. 
Reports also indicated that the country was a transit point for workers 
from these regions to Europe. Some victims were trafficked for 
commercial sexual exploitation, but victims were most commonly 
trafficked for unskilled construction and domestic labor.
    According to the Migrant Workers Protection Society (MWPS), the 
principal traffickers were illegitimate recruiting companies in source 
countries. Traffickers used debt bondage, contract substitution, and 
threats of legal action against their victims. The MWPS reported that 
victims often recruited additional victims from their home regions in 
an attempt to pay off debt.
    Under the January 8 antitrafficking law, traffickers face fines of 
between 2,000 and 10,000 dinars ($5,300 and $26,500) and mandatory 
prison sentences of up to 10 years for each offense, and anyone who 
trafficks a person on behalf of a corporation faces a fine of up to 
100,000 dinars ($265,000) and the same mandatory prison sentences. 
``Aggravating circumstances,'' including if the victim is a woman or 
less than 15 years of age, double the fines and prison sentences.
    On December 23, the Government found Arfa Ching guilty of 
trafficking in persons and sentenced her to three and a half years' 
imprisonment and a 5,000 dinar ($13,250) fine.
    The Government established a 10-person unit within the MOI's 
Criminal Investigation Directorate to combat trafficking in persons. 
The Ministry of Foreign Affairs (MOFA) headed a committee that set 
trafficking policy and included representatives from the Ministries of 
Interior, Justice, Information, and Social Development, as well as the 
Labor Market Regulatory Authority (LMRA) and three NGOs. The MOSD 
headed another committee charged with evaluating and determining the 
status of victims, which included representatives from the MOFA, MOI, 
and the LMRA.
    Fear of deportation or employer retaliation deterred many foreign 
workers from making complaints to the authorities. Many foreign workers 
were unaware of their rights under the law. The Government published 
pamphlets on expatriate workers' rights in several languages, provided 
manuals on these rights to local diplomatic missions, and operated a 
telephone hot line for victims.
    On July 1, the LMRA implemented new visa rules for migrant workers 
in the public and private sectors to reduce the incidence of employers 
holding workers' passports or otherwise restricting their movement. The 
new rules also targeted the illegal practice known as ``free visas,'' 
whereby a sponsor enabled a laborer to enter the country under the 
cover of working for the sponsor and then allowed the worker to find 
other work, at an often exorbitant fee payable to the sponsor.
    During the year the Government shelter for abused and migrant women 
housed women who ran away from employers. The Government also 
collaborated with a foreign NGO to help train its antitrafficking unit 
and personnel at its shelter for female migrant workers.
    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 a variety of governmental, quasi-governmental, 
and religious institutions are mandated to support and protect persons 
with disabilities. New public buildings in the central municipality 
must include facilities for persons with disabilities. The law does not 
mandate access to nonresidential buildings for persons with 
disabilities.
    There were no reports of discrimination against persons with 
disabilities in employment, education, or access to health care. 
Children with learning disabilities, physical handicaps, speech 
impediments, and Down syndrome were enrolled in specialized education 
programs in public schools.
    The law requires the Government provide vocational training for 
persons with disabilities who wish to work. The law requires any 
employer of more than 100 persons to hire at least 2 percent of its 
employees from the Government's list of workers with disabilities; 
however, the Government did not monitor compliance. The Government 
placed persons with disabilities in some public sector jobs.

    National/Racial/Ethnic Minorities.--The law grants citizenship to 
Arab applicants who have resided in the country for 15 years and non-
Arab applicants who have resided in the country for 25 years. However, 
there was a lack of transparency in the naturalization process, and 
there were reports that the citizenship law was not applied uniformly. 
For example, there were allegations that the Government allowed 
expatriate Sunni Arabs who had served less than 15 years in the 
security services to apply for citizenship. There were also reports of 
Arab Shia who had resided in-country for more than 15 years and non-
Arab expatriates who had resided more than 25 years who had not been 
granted citizenship.
    In past years the Government offered citizenship to several 
thousand stateless ``Bidoon'' persons, mostly Shia of Persian origin. 
However, according to Freedom House, Bidoon and citizens who spoke 
Farsi as their first language continued to encounter discrimination in 
the society and work force.

    Other Societal Abuses and Discrimination.--The law does not 
criminalize homosexual relationships between consenting adults of at 
least 21 years of age.
    While discrimination against homosexuality and HIV/AIDS was not 
common or apparent, both attributes were socially taboo and not widely 
covered in the media.
Section 6. Worker Rights
    a. The Right of Association.--The law grants workers, including 
noncitizens, a limited right to form and join unions. Members of the 
military are prohibited from joining unions. Public sector workers may 
join private trade unions and professional societies, but public sector 
unions are illegal. The General Federation of Bahrain Trade Unions 
(GFBTU), which all unions were required to join, recognized seven 
public sector unions that the Government considered illegitimate. 
Approximately 28 percent of the private-sector labor force was 
unionized. The GFBTU did not report any government interference in its 
private sector activities, and the law restricted the right to strike.
    The law allows for the establishment of additional federations; 
however, there were none. The law prohibits unions from engaging in 
political activities.
    The law holds the right to strike is a legitimate means for workers 
to defend their rights and interests; however, this right was 
restricted. The law prohibits strikes in certain vital sectors, which, 
by decree, include the oil, gas, education, telecommunication, and 
health sectors, as well as pharmacies and bakeries. For workers 
permitted to strike, the law requires arbitration before a vote to 
strike and a two-week notification that a union intends to strike. 
Although government sources held that the arbitration provision did not 
preempt the right to strike, the law does not clearly specify that a 
union may proceed to a strike vote if it disagrees with the 
arbitrator's decision.
    In July 2007 Batelco fired two trade-union organizers, including 
the union's vice President, for engaging in a work stoppage that it 
deemed in violation of the ban on such action in the telecommunications 
sector, even though the union did not call for or attempt a strike. On 
March 12, Batelco reinstated the employees in compliance with a court 
order.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively. Employers 
and the Government are required to treat unions as independent judicial 
entities. Unions did not generally practice collective bargaining. In 
the private sector, the law prohibits antiunion discrimination and 
employer interference in union functions, and the Government generally 
protected this right. The law also provides protection to workers 
terminated for their union activities.
    On July 23, employees of the public bus company Cars went on strike 
to demand higher wages. At the behest of the Government and GFBTU, the 
workers successfully employed collective bargaining and achieved a 
salary increase. Although strikes in the transportation sector are 
prohibited, the Government did not enforce the prohibition.
    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 such practices occurred, particularly in cases of domestic 
workers and those working illegally. There were no reports of forced or 
compulsory child labor.
    Foreign workers, who made up 59 percent of the workforce (78 
percent of the private sector workforce), in some cases arrived in the 
country under the sponsorship of an employer and then switched jobs, 
while continuing to pay a fee to their original sponsor, which made it 
difficult to monitor and control their employment.
    In numerous instances employers withheld salaries from their 
foreign workers for months and even for years and refused to grant them 
the necessary permission to leave the country. The Government and the 
courts generally worked to rectify abuses if they were brought to their 
attention, but they otherwise focused little attention on the problem. 
The fear of deportation or employer retaliation prevented many foreign 
workers from making complaints to the authorities.
    Labor laws do not fully cover domestic workers. There were numerous 
credible reports that domestic workers, especially women, were forced 
to work 12 to 16 hour days, given little time off, were malnourished, 
and were subjected to verbal and physical abuse, including sexual 
molestation and rape. Between 30 to 40 percent of the attempted suicide 
cases handled by the Government's psychiatric hospitals were foreign 
domestic workers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace and prohibits 
forced and compulsory child labor, and the Government enforced this 
prohibition effectively.
    The minimum age for employment is 16 years of age. The MOL makes 
rare exceptions on a case-by-case basis for juveniles between the ages 
of 14 and 16 who have an urgent need to assist in providing financial 
support for their families. Minors may not work in industries deemed 
hazardous or unhealthy by the Ministry of Health. When employed, minors 
may work no more than six hours a day and may be present on the 
employment premises no more than seven hours a day. These regulations 
do not apply to family-operated businesses in which the only other 
employees are family members. MOL inspectors enforced child labor laws 
effectively in the industrial sector; child labor outside that sector 
was monitored less effectively, but it was not believed to be 
significant outside family-operated businesses. Even in such 
businesses, it was not widespread.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage. Unskilled foreign laborers in particular did not earn as much as 
the guidelines suggested. The law allows employers to consider benefits 
for foreign workers such as annual trips home, housing, and education 
bonuses as part of the salary.
    The MOL enforced the labor law and mandated acceptable conditions 
of work for all adult workers, except domestic workers, including a 
maximum of 48 hours per week. Except for Muslims during Ramadan when 
work should not exceed six hours per day and 36 hours per week, workers 
are entitled to one day of rest after six consecutive days of work and 
to annual paid vacations of 21 days after one year of service. The 
labor law for the private sector permits 12 hours of overtime per week 
that is to be paid at a rate of 25 percent above the normal wage if 
conducted during the day and 50 percent if completed at night. Special 
MOL permission is required for anyone working more than 60 hours per 
week. The Labor Inspectorate conducted periodic, comprehensive 
inspections of private sector enterprises, including verification of 
employee hours and wages.
    Workplace safety standards are adequate, but inspection and 
compliance were substandard. The MOL set occupational safety and health 
standards and sporadically enforced them by performing workplace 
inspections. The ministry employed a team of eight engineers from 
multiple specialties that it trained as safety inspectors and gave the 
authority to levy fines and close work sites if employers did not 
improve conditions by specified deadlines. During the year the press 
reported several workplace deaths owing to a combination of inadequate 
safety procedures, worker ignorance of those procedures, and inadequate 
safety standards for equipment, but exact figures were not available. 
Trained inspectors visited labor camps to verify if workers' 
accommodations met required safety and hygiene standards. During the 
year, inspectors visited 1,287 labor camps, of which 106 failed the 
inspection because of safety issues such as gas and electricity 
problems, overcrowding, poor hygiene, and the general state of 
disrepair. Inspectors cited poor hygiene in warnings issued to 126 
camps, as well as part of their rationale for the closure of 23 camps. 
The inspectors were authorized to inspect only premises that had a 
commercial registration, not private homes, where most domestic workers 
resided and worked, or unregistered ``private'' camps, where many 
unskilled laborers lived.
    Reports of employers and recruiting agencies beating or sexually 
abusing foreign women working in domestic positions were common. 
Numerous cases were reported to local embassies, the press, and the 
police; however, most victims were too intimidated to sue their 
employers, although they had the right to do so. If the victim brings a 
suit against the employer, the plaintiff cannot leave the country for 
the duration of the case. The MWPS continued to support several victims 
who took their cases to court, but compensation to victims was 
reportedly very low.
    When a worker lodges a complaint, the MOL opens an investigation 
and often takes remedial action. The MOL reportedly received 3,426 
complaints during the year, including those from domestic workers. On 
average there were nine complaints from domestic workers per month. 
Ministry officials said that they were able to resolve more than half 
of these cases through mediation in the ministry. The public prosecutor 
took up the remaining cases for investigation. Complaints brought 
before the MOL that cannot be settled through arbitration must be 
referred to the court within 15 days.
    A few companies still transported expatriate workers in open trucks 
on benches, despite a ministerial decree banning the practice. 
Accidents, sometimes fatal, resulted. On April 13, the cabinet approved 
a decree instructing all companies to transport workers in buses, 
prohibiting even covered trucks, by the end of the year.
    A ministerial decree prohibits outdoor work between the hours of 
noon and 4 p.m. during the months of July and August. As a result, 
health officials reported a decrease in the number of heatstroke cases 
from 1,154 cases in 2007 to 981. According to the MOL, it fined 26 
companies between 50 to 300 dinars ($132 to $792) per worker for 
allegedly violating the ban during the year, an increase from 21 in 
2007.

                               __________

                                 EGYPT

    The National Democratic Party (NDP) has governed the Arab Republic 
of Egypt, which has a population of approximately 82 million, since the 
party's establishment in 1978. The NDP, which continued to dominate 
national politics by maintaining an overriding majority in the 
popularly elected People's Assembly (PA) and the partially elected 
Shura (Consultative) Council, derives its governing authority from the 
1971 constitution and subsequent amendments. Executive authority 
resides with the President and the cabinet. In 2005 President Hosni 
Mubarak won a fifth consecutive six-year term with 88 percent of the 
vote in the country's first Presidential election, which was marred by 
low voter turnout and charges of fraud. The civilian authorities did 
not always maintain effective control of security forces, who committed 
numerous, serious abuses of human rights.
    The Government's respect for human rights remained poor, and 
serious abuses continued in many areas. The Government limited 
citizens' right to change their government and continued a state of 
emergency that has been in place almost continuously since 1967. 
Security forces used unwarranted lethal force and tortured and abused 
prisoners and detainees, in most cases with impunity. Prison and 
detention center conditions were poor. Security forces arbitrarily 
arrested and detained individuals, in some cases for political 
purposes, and kept them in prolonged pretrial detention. The executive 
branch placed limits on and pressured the judiciary. The Government's 
respect for freedoms of press, association, and religion declined 
during the year, and the Government continued to restrict other civil 
liberties, particularly freedom of speech, including Internet freedom, 
and freedom of assembly, including restrictions on nongovernmental 
organizations (NGOs). Government corruption and lack of transparency 
persisted.
    The Government made significant and effective efforts to combat 
female genital mutilation (FGM). These efforts included education, 
outreach, and the passage and enforcement of legislation criminalizing 
FGM. In addition, courts issued the first two convictions on sexual 
assault charges.
                        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 did 
not commit any politically motivated killings; however, security forces 
committed arbitrary or unlawful killings during the year. Most killings 
resulted from police brutality. Although the exact number of deaths was 
unknown, the Al-Nadim Center for Psychological Rehabilitation of the 
Victims of Torture documented 32 cases of police officers torturing 
victims to death in a nine-month period from June 2007 to March. 
Security forces also unlawfully killed refugees and asylum-seekers (See 
Section 2.d.).
    On February 26, police officer Saad Mohamed Mansour reportedly beat 
and drowned fisherman Ahmed Fayad in Al Manzala Lake. On October 24, Al 
Mansoura Criminal Court sentenced Mansour to three years in prison and 
fined him LE 10,000 (approximately $1,800).
    On March 24, police officers in Tanta killed Eid Ahmed Ibrahim by 
driving a police van over the victim, who was trying to prevent the 
arrest of his brother. An estimated 2,000 villagers protested, accusing 
the police of deliberately killing Ibrahim. On November 15, Tanta 
Misdemeanor Court sentenced police officers Mohamed Sadaawi and Ahmed 
Abdel Aal to three years in prison, ordering each to pay LE 10,000 
($1,800 compensation). The verdict is subject to appeal.
    On October 9, a police officer in the town of Samalut allegedly 
killed a pregnant woman, Mervat Abdel Salam Abdel Fattah, while 
searching for her brother-in-law on suspicion of theft. The case 
remained pending at year's end.
    On November 23, a police officer in Aswan, Mohamed Labib, allegedly 
shot and killed Abdel Wahab Abdel Razeq after apparently entering the 
wrong apartment in pursuit of a drug dealer. During the demonstrations 
that followed the killing, an elderly Aswan resident, Yehia Abdel 
Hamid, died from inhaling tear gas that the police had released. On 
November 25, the Government detained police officer Mohammed Labib for 
his suspected role in the killing.
    Security forces used lethal force against protesters in other 
instances. On April 6 and 7, security forces killed four protesters 
during violent clashes between police and protestors in Mahalla el 
Kubra, a textile town in the Nile Delta. Police used live ammunition, 
rubber bullets, and tear gas to suppress protests against low wages and 
price hikes on basic goods. Among those killed was 15-year-old Ahmed 
Ali Mabrouk Hamada, whom police shot on April 6 in his family's 
apartment near Mahalla's Jumhuriya Square. At year's end the Government 
had not taken any corrective action to prosecute the police officers 
responsible.
    Also, on November 11, Civilian Security Forces (CSF) killed three 
Bedouin tribesmen in the North Sinai during demonstrations that 
followed the November 10 CSF killing of a suspected drug smuggler. The 
Government did not take public action to investigate these killings.
    Authorities did not investigate the June 2007 killing of Ahmed 
Abdel Salam Ghanem during the Shura Council elections or any of at 
least three killings in 2007 of refugees or asylum-seekers at the 
Israeli border.
    On June 7, an appeals court upheld the seven-year prison sentence 
and fine against police officer Mohamed Moawad for the July 2007 
killing of Nasser El Saeedi.
    On April 21, Public Prosecutor Mahmoud Abdel Meguid ordered a 
reinvestigation into the case of 13-year-old Mohamed Mamdouh Abdel 
Aziz, who allegedly died after chief of investigations Captain Mohamed 
Qandil, police officer Abou el-Ezz Fathy Mansour, and detective Yasser 
Mekawy tortured him with electric shocks in August 2007. At year's end 
there were no further developments in the case.
    At year's end the trial of police officers Maher Hussein, Hassan 
Mohammed Hassan and Ahmed Al Nawawy for torturing Nasser Sediq Gadallah 
to death in August 2007 was ongoing.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Article 42 of the constitution prohibits the infliction of 
``physical or moral harm'' upon persons who have been arrested or 
detained; however, the law fails to account for mental or psychological 
abuse, abuse against persons who have not been formally accused, or 
abuse occurring for reasons other than securing a confession. Police, 
security personnel, and prison guards routinely tortured and abused 
prisoners and detainees, especially in cases of detentions under the 
Emergency Law, which authorizes incommunicado detention for prolonged 
periods. The Government rarely held security officials accountable, and 
officials often operated with impunity.
    Domestic and international human rights groups reported that the 
State Security Investigative Service (SSIS), police, and other 
government entities continued to employ torture to extract information 
or force confessions. On August 6, the Egyptian Organization for Human 
Rights (EOHR) documented 40 cases of torture and 14 cases of torture 
resulting in death in 2007 by police officers. Between 2000 and 2007, 
the EOHR documented more than 226 cases of torture inside police 
stations, including 93 deaths likely caused by torture and 
mistreatment. In numerous trials, defendants alleged that police 
tortured them during questioning. Human rights activists also continued 
to call attention to more than a dozen amateur videos that observers 
with mobile phone cameras circulated on the Internet documenting abuse 
of citizens by security officials.
    Although the Government investigated torture complaints in some 
criminal cases and punished some offending police officers, punishments 
generally did not conform to the seriousness of the offenses. On April 
17, Assistant Interior Minister Hamdy Abdel Kerim publicly stated that 
of 18 torture cases brought against police officers in the previous 
year, there were 11 acquittals, two convictions, and five cases pending 
investigation. The courts continued to award compensation to hundreds 
of detainees for alleged torture by security forces; however, by year's 
end many had not received any compensation. On December 28, the 
official government-run news service reported that Deputy Interior 
Minister for Legal Affairs Hamid Rashid told the People's Assembly (PA) 
that the ministry had suspended 280 police officers from duty due to 
charges of human rights violations against them, and was investigating 
the charges. Rashid did not specify over what time period the MOI 
actions occurred. Rashid also told the PA that the ministry had 
discharged 1,164 lower-ranking policemen for misconduct and abuse of 
power.
    Some victims sought justice outside of the country. In November the 
African Commission on Human Rights and Peoples' Rights (ACHPR)decided 
in favor of an NGO, the Egyptian Initiative for Personal Rights 
(EIPR),in its lawsuit against the Government for failure to prosecute 
perpetrators who allegedly sexually assaulted women during a 2005 
opposition rally.
    Police and the SSIS reportedly employed torture methods such as 
stripping and blindfolding victims; suspending victims by the wrists 
and ankles in contorted positions or from a ceiling or door-frame with 
feet just touching the floor; beating victims with fists, whips, metal 
rods, or other objects; using electric shocks; dousing victims with 
cold water; and sexual abuse, including sodomy. Victims reported that 
security officials threatened them and forced them to sign statements 
for use against themselves or their families should they in the future 
lodge complaints about the torture. Some victims, including women and 
children, reported that security officials sexually assaulted or 
threatened to rape them or their family members. Human rights groups 
reported that the lack of legally required written police records often 
effectively blocked investigations.
    During the year human rights groups and the media documented 
numerous cases of torture and cruel, inhuman, or degrading treatment, 
including against persons alleged to have HIV/AIDS, lawyers attempting 
to defend their clients, journalists and bloggers who reported on 
torture or other controversial topics, and labor demonstrators.
    Following the April 6-7 violent clashes between police and 
protestors in El-Mahalla El-Kubra, police reportedly tortured people 
who observed the clashes or supported the Mahalla strike. According to 
Human Rights Watch, officers reportedly subjected detainees to electric 
shocks, beatings, and denial of food and drink.
    On April 30, police officer Ahmed Antar Ibrahim assaulted Al Nadim 
Center director and anti-torture activist Dr. Magda Adly and her 
colleague Dr. Mona Hamed inside a courthouse in Kafr Al Dawwar. During 
the assault, the police officer fractured Adly's shoulder and inflicted 
a head wound that caused her to lose consciousness for 30 minutes. The 
two doctors were at the courthouse to attend and testify in a case 
concerning the Hussein family, who alleged torture by local police. 
Sobhi Mohamed Hussein and his sons, Ahmed and Mohomed, reported that 
police detained, burned, and beat them in Kafr Al Dawwar police station 
on April 22 after they complained about a police raid at their home. 
Hussein's sons sustained multiple injuries, including internal bleeding 
and a broken hand. Following the attack on Adly, police officer Ibrahim 
confessed that police intelligence officer Ahmad Maklad of the Kafr Al 
Dawwar police station ordered him to attack Adly; Maklad was implicated 
in the Hussein family's torture allegations. The court ordered Ibrahim 
detained pending an investigation, which was ongoing at year's end. On 
May 2, Amnesty International (AI) issued a statement describing the 
incident as ``a disturbing development at a time when authorities 
purport to be combating torture.''
    On June 30, according to local NGOs, police officers beat and 
shackled lawyer Magdy Ibrahim Taha to the door of a detention room at 
the Hadeq Al Qoba police station after a policeman allegedly arrested 
Taha's client without a warrant. On July 3, approximately 150 lawyers 
reportedly held a sit-in at the police station to protest the 
mistreatment of their colleague. Authorities arrested Taha and three 
other lawyers--including Tareq Al-Awadi, Adel Sayed Abdrabu, and 
Muhammad Abdu Hailqan--during the protest and charged them with 
assaulting judicial personnel. On July 2, the West Cairo Court ordered 
the release of all four on bail ranging from LE 500 to LE 1,000 ($90 to 
$180). There were no updates at year's end.
    On August 2, according to the Observatory for the Protection of 
Human Rights Defenders (OHRD), relatives of a police officer convicted 
of raping a refugee stopped the refugee's lawyer, Mohamed Bayoumi, on 
the street, beat him, and stole the refugee case file. On August 13, 
Bayoumi's family and business partner received phone calls claiming 
Bayoumi had been shot and killed and otherwise threatening Bayoumi. The 
Government had not taken corrective action to investigate this case by 
year's end.
    According to January 2007 press reports, 100 detainees affiliated 
with Islamic Jihad filed complaints with the public prosecutor alleging 
that police officers tortured and abused them during unspecified 
periods of time. The detainees reported that authorities stripped them 
of their clothes, beat and verbally humiliated them, and confiscated 
their personal belongings. The public prosecutor had not responded by 
year's end.
    Authorities did not take any corrective action to investigate the 
February 2007 alleged detention and torture of Fawzi Hassan and his 
children. The Nadim Center accused a number of police officers of 
involvement in the alleged detention and torture, including Mohamed El-
Banna, Mohamed Sarhan, Mohsen Nagib, Mohamed el-Ashmawy, Mesbah el-
Kasabi, and Mohamed Shalabi.
    On February 9, Matrouh Public Prosecution transferred the torture 
case of Yehia Abdallah (by police officers Alaa Mousa and Mohamed Al 
Khodargy in July 2007) to the West Alexandria Public Prosecutor for 
potential future criminal prosecution.
    Police did not take any corrective action to investigate the July 
2007 illegal detention of 40 individuals in Alexandria, or the August 
2007 torture by assistant investigations officer Ashraf Morgan of 
lawyer Ahmed Abdel Aziz.
    On January 15, the Interior Ministry made public that it provided 
compensation in November and December 2007 to 800 of the 3,000 Islamic 
Group detainees awarded compensation in an October 2007 court verdict.
    On February 2 and again on May 29, Cairo appeals courts upheld one- 
two- three-year prison sentences and fines against nine of 12 suspected 
HIV-positive men arrested in October 2007 on charges of debauchery. The 
arrests began after two men, stopped on the street during an 
altercation, told police officers they were HIV positive. According to 
Human Rights Watch (HRW), authorities arrested and interrogated the 
men, pressuring them to name their sexual contacts, whom police 
subsequently arrested. Ministry of Health doctors forced all 12 to 
undergo HIV tests without their consent, and Forensics Medical 
Authority doctors performed forcible anal examinations on the men, 
purportedly to prove that they had had sexual intercourse with other 
men. The detainees who proved to be HIV positive were held for weeks in 
hospitals chained to their beds, until February 25, when the Ministry 
of Health ordered the hospitals to unchain them. The prosecutor dropped 
the charges against three of the men, who were then released.
    On May 21, an appeals court rejected police officer Islam Nabih's 
appeal of his November 2007 conviction for assaulting and sodomizing 
Cairo minibus driver Imad al-Kabir in 2006. Nabih and officer Reda 
Fathi, convicted for the same crime, were serving three-year sentences 
at year's end.
    Authorities did not take steps to investigate and prosecute 
security officials responsible for the 2006 torture and sexual assault 
of blogger Mohamed Al Sharqawi.
    There was an update regarding the 1994 killing by state security 
officers of Islamic Group leader Abdel Hareth Madany. On January 6, the 
State Council Administrative Court made public its verdict ordering the 
Government to pay LE 50,000 (approximately $9,000) in compensation to 
Madany's family. The compensation sum is the largest compensatory 
verdict in the history of the Islamic Group. At year's end no further 
information was available.
    On August 17, the MOI announced its approval of compensation to 
Islamists who were detained without trial during the 1990s, despite 
court orders for their release. The Minister agreed to pay a total of 
LE 10 million (approximately $1.87 million)) to an estimated 1,000 
members of Al Jamaa Al Islamiya (the Islamic Group) who won court cases 
against the Ministry. The Ministry refused to compensate 1,000 other 
detainees whose cases the Ministry rejected.

    Prison and Detention Center Conditions.--Prison conditions and 
conditions in detention centers remained poor. Prison cells remained 
overcrowded, with a lack of medical care, proper hygiene, food, clean 
water, and proper ventilation. Tuberculosis was widespread; sexual and 
other abuse, especially of juveniles in adult facilities, was common, 
and guards brutalized prisoners.
    On June 24, guards in Borg Al Arab prison in Alexandria allegedly 
beat 17 inmates who were detained following the April 6-7 El-Mahalla 
clashes. The prisoners had launched a hunger strike to protest 
conditions of their detention. Security officials denied the 
allegations, and authorities had not taken action to investigate the 
case by year's end.
    In July police at Torah prison allegedly beat American detainee 
Mohamed Hesham Seif and transferred him, without allowing him to bring 
his personal belongings, to Al Wadi Al Gadid prison, where he was 
beaten again.
    On September 8, police quashed a prison riot and a jailbreak 
attempt in Assiut with tear gas and live fire, killing one prisoner and 
wounding 25 others. Prisoners claimed guards had tortured a prisoner to 
death prior to the riot. Authorities commenced an investigation into 
the riot but had not taken further action at year's end.
    Authorities did not investigate the July 2007 death in custody, 
reportedly due to heat and overcrowding, of a prisoner in Al-Omraneya 
prison.
    Although separate prison facilities existed for men, women, and 
juveniles, adults were not always separated from juveniles.
    Visits and visitors to prisoners incarcerated for political crimes 
or terrorism were subject to restrictions. Pretrial detainees were 
sometimes held together with convicted prisoners.
    The Government did not permit visits to prisons or other places of 
detention by any independent human rights observers during the year, 
despite repeated requests from the International Committee of the Red 
Cross and other domestic and international human rights monitors. Some 
prisons remained completely closed to the public. As required by law, 
the public prosecutor continued to inspect all regular prisons during 
the year, including police stations in Cairo, Alexandria, and Hurghada. 
On March 15, authorities inpecting the Hurghada police station 
reportedly found 11 suspects held for seven days without legal 
justification. At year's end there were no updates on their statuses.
    On November 29, the People's Assembly Committee on Human Rights 
announced its decision to visit police stations randomly and inspect 
detention centers to determine whether they complied with human rights 
standards. SSIS detention centers were excluded from such inspections.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, during the year, police and 
security forces engaged in such practices, including large-scale 
detentions of hundreds of individuals without charge under the 
Emergency Law, which was extended on April 26 for two more years.

    Role of Police and Security Apparatus.--The MOI controls local 
police forces, which operate in large cities and governorates; the 
SSIS, which conducts investigations; and the Central Security Force 
(CSF), which maintains public order. SSIS and CSF officers are 
responsible for law enforcement at the national level and for providing 
security for infrastructure and key officials, both domestic and 
foreign. Single-mission law enforcement agencies, such as the Tourist 
and Antiquities Police and the Antinarcotics General Administration, 
also work at the national level.
    The security forces operated under a central chain of command and 
were considered generally effective in their efforts to combat crime 
and terrorism and maintain public order. However, a culture of impunity 
militated against systematic prosecution of security personnel who 
committed human rights abuses.
    There was widespread petty corruption in the police force, 
especially below senior levels. The Government claimed to investigate 
corruption and other instances of police malfeasance using a 
nontransparent internal affairs mechanism, and it failed to investigate 
many credible allegations of torture and mistreatment by police and 
security forces. In an increase from the previous year, the Government 
prosecuted cases it investigated in the judicial system; there were at 
least 25 cases of security officers engaging in mistreatment and abuse 
during the year, resulting in convictions of at least eight officers.
    Working with the UN Development Program (UNDP), the Government 
continued to provide human rights training for thousands of judicial 
and law enforcement officials.

    Arrest and Detention.--Individuals may be arrested and detained 
under the Emergency Law or the penal code, both of which give the 
Government broad powers.
    The Emergency Law allows arrest without a warrant and detention of 
an individual without charge for up to 30 days, after which a detainee 
may demand a court hearing to challenge the legality of the detention 
order. A detainee may resubmit a motion for a hearing at one-month 
intervals thereafter; however, there is no limit to the detention 
period if a judge continues to uphold the order or if the detainee 
fails to exercise the right to a hearing, and there is no possibility 
of bail. Many detainees under the Emergency Law remained incommunicado 
in state security detention facilities without access to family members 
or to lawyers before their cases were transferred to trial, and some 
faced torture in detention.
    Arrests under the penal code occurred openly and with warrants 
issued by a district prosecutor or judge. A prosecutor must bring 
charges within 48 hours following arrest or release the suspect. 
Detainees under the penal code were sometimes not informed promptly of 
charges against them. Authorities may hold a suspect for a maximum of 
six months while they investigate. There was a functioning system of 
bail for persons detained under the penal code. In criminal cases under 
the penal code, defendants had the right to counsel promptly after 
arrest and access to family members at the discretion of the court; 
however, they often faced obstacles and were unable to secure regular 
access to either.
    On January 12, Minister of Interior Habib Al Adly issued decrees, 
which were subsequently implemented, allowing phone access in all 
prisons and increasing the number of visits allowed to prisoners, 
especially to mothers in prison. Notwithstanding the prevailing state 
of emergency and the Government's use of the Emergency Law provisions, 
the Government continued to rely on the penal code for the majority of 
criminal investigations and prosecutions.
    In recent years, authorities detained thousands of persons 
administratively under the Emergency Law on suspicion of terrorist or 
political activity, including dozens of terrorism suspects in the Sinai 
in 2006. AI, the Human Rights Association for the Assistance of 
Prisoners (HRAAP), and other NGOs estimated that the Government 
continued to hold approximately 5,000 persons in administrative 
detention without charge or trial. Failure to implement judicial 
rulings regarding the release of detainees also remained a problem. On 
May 25, 280 prisoners in Borg Al Arab prison went on a hunger strike 
because authorities had not released them despite court verdicts 
ordering their release.
    In February authorities released 20 Bedouins who were arrested 
after the Taba, Dahab, and Sharm Al Sheikh bombings in previous years. 
An estimated 300 Bedouins remain in detention.
    During the year there were cases of pre-trial detention exceeding 
legal limits.

    Amnesty.--The Government issued several amnesties during the year, 
including one on March 17 for approximately 100 members of the banned 
group Al Takfir Wal Hijra (Excommunicate and Immigrate) after the 
members signed statements renouncing violence; another in March for 510 
members of Islamic groups; in April for 200 members of Islamic groups 
(including four senior leaders of Islamic Jihad and Tala'e Al Fath); 
and on September 16 for a group of Salafi detainees and those from the 
group ``Al Waad.''
    On July 23, Egypt's National Day, President Mubarak pardoned 1,587 
prisoners who had served half their sentences.
    On October 1, President Mubarak pardoned 738 prisoners on the 
occasions of the Eid holiday and the October 6 holiday commemorating 
the 1973 Arab-Israeli war.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, but in practice the judiciary was subject to 
executive influence and corruption. The President may invoke the 
Emergency Law to refer any criminal case to the emergency or military 
courts, in which the accused does not receive most of the 
constitutional protections of the civilian judicial system, and the 
Government continued to use the Emergency Law to try non-security cases 
in these courts and to restrict many other basic rights. The 
constitution provides for the independence and immunity of judges and 
forbids interference by other authorities in the exercise of their 
judicial functions. The Government generally respected judicial 
independence in non-political cases in civilian courts. Emergency 
courts, however, were not independent.
    The President appoints all judges upon recommendation of the Higher 
Judicial Council, a constitutional body composed of senior judges. 
Judges receive tenure, limited only by mandatory retirement at age 70. 
Only the Higher Judicial Council may dismiss judges for cause, such as 
corruption. Headed by the President of the Court of Cassation, the 
council regulates judicial promotions and transfers.
    There have been cases of judges taking bribes. For example, on 
September 4, the Cairo Criminal Court sentenced the head judge of South 
Cairo Compensation Court, Al Husseini Mohamed Al Husseini, to seven 
years in prison and fined him LE 100,000 (approximately $18,000) for 
taking a LE two million ($368,000) bribe from a jeweler.
    In the civil court system, there are criminal courts, civil courts, 
administrative courts, family courts and the Supreme Constitutional 
Court. There are three levels of regular criminal courts: primary 
courts; appeals courts; and the Court of Cassation, which represents 
the final stage of criminal or civil appeals. Civil courts hear civil 
cases and administrative courts hear cases contesting government 
actions or procedures; both systems have upper-level courts to hear 
appeals. The Supreme Constitutional Court hears challenges to the 
constitutionality of laws or verdicts in any of the courts.
    Emergency courts share jurisdiction with military courts over 
crimes affecting national security. The President can appoint civilian 
judges to emergency courts upon the recommendation of the minister of 
justice or military judges upon recommendation of the minister of 
defense. Military courts were established under the Code of Military 
Justice Law No. 25 of 1966. Under the Code of Military Justice the 
President can refer civilians to military courts for certain offenses 
in the Penal Code such as acts harmful to the security of the 
Government and deliberate destruction of property to harm national 
security. The law was amended in April 2007 to include an appeal 
mechanism. Military verdicts were subject to review by other military 
judges and confirmation by the President, who in practice usually 
delegated the review function to a senior military officer. Defense 
attorneys claimed that they were not given sufficient time to prepare, 
and that military judges tended to rush cases involving a large number 
of defendants.
    On December 15, the Tanta Emergency Supreme State Security Court 
convicted 22 people on charges of assaulting police officers, robbery 
and possession of unlicensed weapons during the April 6-7 protests in 
Mahalla. The court acquitted the 27 other defendants of the same 
charges.
    On April 15, a closed military tribunal sentenced Muslim 
Brotherhood (MB)Second Deputy Chairman Khairat El Shater and 24 other 
civilian MB members, seven in absentia, to prison terms ranging from 
three to 10 years on charges including money laundering and planning 
terrorist activities. The tribunal acquitted 15 others. A Cairo 
civilian criminal court had acquitted 17 of the defendants of all 
charges in January 2007, but police rearrested them immediately after 
the verdict, and President Mubarak transferred their cases to the 
tribunal along with 23 others. This marked the first use of a military 
tribunal against civilians since MB trials in 2002. The tribunal 
regularly barred press and observers from human rights organizations 
and occasionally excluded defense attorneys and family members. AI 
described the verdict as a ``perversion of justice,'' and Human Rights 
Watch (HRW) described it as a ``transparently political verdict from a 
court that should have no authority to try civilians.''
    On June 3, MB lawyers filed a complaint against the Government 
regarding the validity of the trial; a military judge confirmed the 
verdicts on July 13. The Administrative Court postponed the appeal 
court session to March 2009.
    At year's end Ossama Al-Nakhlawi, Younis Alyan, and Mohamed Gayez 
Sabah remained on death row following November 2006 convictions for 
involvement in the 2004 Taba terror bombings. HRW issued statements 
after the verdict noting that the convicts' claims of incommunicado 
detention, lack of access to counsel, torture, and forced confession 
raised serious questions about the Ismailiya High State Security 
Emergency Court verdict. HRW urged a retrial ``that complies with basic 
standards of due process.''

    Trial Procedures.--In civilian courts, the Government provides a 
lawyer at the state's expense if the defendant does not have counsel, 
and a defendant may appeal if denied this right; however, detainees in 
certain high-security prisons continued to allege that they were denied 
access to counsel or that such access was delayed until trial, thus 
denying them time to prepare an adequate defense. The law allows 
defendants to be present and to question witnesses against them and 
present witnesses and evidence on their behalf, and it provides 
defendants and their attorneys the right to access government-held 
evidence against them. There are no juries and trials are usually 
public. In civilian courts, defendants have the right of appeal up to 
the Court of Cassation and the Supreme Constitutional Court. Judges 
used guidelines for sentencing, defendants had the right to counsel, 
and statements of the charges against defendants were made public. 
Observers needed government permission to attend court sessions. Human 
rights activists are generally able to attend trials in civilian courts 
but are excluded from most military trials.
    Sentences are subject to confirmation by the President, although an 
April 2007 amendment to the emergency law allowed the right to appeal. 
Defendants in military courts do not have the legal right to counsel, 
but usually had lawyers who defended them. The President may alter or 
annul a decision of an emergency court, including a decision to release 
a defendant.
    The Government has asserted that referral to emergency courts 
usually has been limited to terrorism or national security cases, as 
well as major cases of drug trafficking; however, the Government also 
has occasionally used emergency courts to prosecute homosexuals, 
heterodox religious groups, and political dissidents.

    Political Prisoners and Detainees.--Egyptian human rights 
organizations estimated in 2007 that 4,000 to 5,000 people remained in 
prolonged detention without charge under the law, though Minister of 
Interior Habib Al Adly stated that the total number of political 
prisoners and detainees does not exceed 1,800. There were varied and 
conflicting estimates of the number of ``extraordinary detainees'' 
(citizens held by the Government, often without trial, for alleged 
political crimes). In 2006, credible domestic and international NGOs 
estimated that there were between 6,000 and 10,000 such detainees in 
addition to the prisoners in the ordinary criminal justice system. The 
Government held detainees, including many MB activists, for several 
weeks to several months or longer, and did not permit international 
humanitarian organizations access to political prisoners.
    As in previous years, the Government arrested and detained hundreds 
of MB members and supporters without charge or trial. The precise 
number of MB activists in detention at year's end was unknown, but the 
MB estimated that 250 members remained in detention.
    During the weeks leading up to April 8 local council elections, 
police detained an estimated 1,000 MB members, 148 of whom were 
potential candidates. On July 9, SSIS reportedly arrested at least 38 
MB members in advance of the July 13 parliamentary by-elections for 
four open parliamentary seats. At year's end the Government had 
allegedly released most of the MB members who had been arrested before 
the local council elections.
    Runner-up in the 2005 Presidential election and leader of the 
opposition Al-Ghad (Tomorrow) Party Ayman Nour remained in prison at 
year's end, despite continued appeals for parole on health and 
humanitarian grounds. The New Cairo Felonies Court convicted Nour in 
2005. On November 25, the Government refused Nour's appeal for release 
on medical grounds.
    The Government tried to prevent Nour from sending letters from 
prison, but he succeeded in publishing articles in the independent 
daily newspaper, Al-Dostour.
    Approximately 20 members of the banned Hizb al-Tahrir al-Islami 
(Islamic Liberation Party) remained in prison at year's end. In 2004 
the Supreme State Security Emergency Court convicted 26 men linked to 
Hizb al-Tahrir for belonging to a banned organization. Several of the 
defendants, including three Britons, alleged they had been tortured to 
compel them to sign confessions.

    Civil Judicial Procedures and Remedies.--Individuals had access to 
civil courts for lawsuits relating to human rights violations, and 
filed such lawsuits; however, the courts were not entirely independent, 
especially in politically high-profile cases. Human rights observers 
recommended that rules for pursuing judicial and administrative 
remedies, including standards for considering damages for victims, be 
established to obtain equitable redress and parity in compensation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution provides for the privacy of the home, 
correspondence, telephone calls, and other means of communication; 
however, the Emergency Law suspends the constitutional provisions 
regarding the right to privacy, and the Government used the Emergency 
Law to limit these rights. Furthermore, authorities in terrorism cases 
may disregard constitutional protections of privacy of communications 
and personal residences.
    Under the law, police must obtain warrants or court orders before 
undertaking searches and wiretaps, but some human rights observers 
alleged that the Government routinely violated the law. Police officers 
who conducted searches without proper warrants were subject to criminal 
penalties, although courts seldom imposed them. The Emergency Law 
empowers the Government to place wiretaps, intercept mail, and search 
persons or places without warrants. Security agencies frequently placed 
political activists, suspected subversives, journalists, foreigners, 
and writers under surveillance, screened their correspondence 
(especially international mail), searched them and their homes, and 
confiscated personal property. Authorities also punished or threatened 
to punish family members.
    On March 20, according to the Al Nadim Center and the Association 
for Human Rights Legal Aid (AHRLA), police chief of investigations Ali 
Kedr and officers Hossam Abdel Moneim and Mahmoud Al Deeb of the Menia 
Al Nasr police station allegedly raided the home of Ibrahim El Sayed 
Metwally because of a debt he owed. The officers severely beat and 
verbally abused Metwally's mother and siblings. Metwally's sister 
claimed the officers detained her, beat her with a stick, and 
threatened to strip her. On May 27, press reports stated that Al 
Daqahleya Public Prosecution had begun an investigation. There were no 
further updates at year's end.
    Authorities did not investigate the June 2007 home raid of writer 
and blogger Mohamed Mossad Yaqout.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press; however, the Government partially 
restricted these rights in practice, particularly by using the 
Emergency Law. Nevertheless, citizens openly expressed their views on a 
wide range of political and social issues, including vigorous criticism 
of government officials and policies and direct criticism of the 
President. During the year there was continued public debate about 
political reform, human rights, corruption, press freedom, and related 
issues.
    During the year a number of opposition political activists, 
journalists, and NGOs continued to advocate for political reform and 
openly criticized the Government. A number of government actions 
including wide-scale detentions of MB members, lawsuits against 
independent journalists, and government restrictions on civil society 
organizations led many observers to charge that the Government sought 
to curtail criticism and activism.
    The penal code and press and publications law govern press issues. 
The constitution restricts ownership of newspapers to public or private 
legal entities, corporate bodies, and political parties. There were 
numerous restrictions on legal entities seeking to establish 
newspapers, including a limit of 10 percent ownership by any 
individual; the Government apparently enforced this limit unevenly. The 
Government owned stock in the three largest daily newspapers, which 
generally followed the Government line, and the President appointed 
their top editors. The Government also controlled the licensing, 
printing, and distribution of newspapers, including those of opposition 
political parties, which frequently criticized the Government and gave 
greater prominence to human rights abuses than did state-run 
newspapers. The daily independent newspaper Al-Masry Al-Youm, which 
focuses on domestic politics, continued to offer significant, 
independent coverage of controversial topics.
    During the year the Supreme Press Council revoked the licenses of 
at least 14 news publications. It revoked the licenses of 12 of the 14 
newspapers according to council guidelines because the newspapers were 
not regularly published. It revoked the license of the magazine Al-
Zuhour at the behest of SSIS after MB member Salah Abu-al-Maqsud was 
appointed editor-in-chief, and the newspaper Al-Shuruq Al-Gadid on the 
grounds that some of the journalists were shareholders, in violation of 
Press Syndicate regulations. By year's end, Al-Shuruq Al-Gadid received 
a new license, though the others remained closed.
    On December 16, an administrative court overturned a decision by 
the Government Central Auditing Agency (CAA) to monitor the financial 
and administrative records of privately owned independent newspapers. 
The court ruled that freedom of expression is guaranteed by the 
Constitution and cannot be restricted.
    The Ministry of Information owned and operated all ground-based 
domestic television and radio stations. Two private satellite stations, 
Al-Mihwar and Dream TV, operated without direct government control, 
although the Government had a financial stake in both. The Government 
blocked reception of at least one foreign channel via satellite.
    According to media reports, security personnel detained, harassed, 
and assaulted journalists during the year.
    While the Government generally permitted foreign journalists to 
operate in the country, there were at least two instances of government 
harassment of foreign journalists.
    On February 3, security forces briefly detained an Agence France-
Presse journalist and a photographer in Rafah. Plainclothes police 
officers erased the memory cards in the photographer's camera, saying 
journalists were no longer allowed to photograph the Egypt-Gaza border, 
which authorities had closed after Hamas breached the border in 
January. Police also confiscated the journalists' identity cards before 
taking them to the local security office in Rafah for three hours of 
questioning, after which police forbade them from working in Rafah for 
``national security reasons.''
    On April 7, authorities detained nine photojournalists and 
cameramen, including Reuters photographer Nasser Nouri, for several 
hours because of their coverage of the April 6 and 7 Mahalla protests.
    On June 17, according to several human rights organizations, 
Rahmaniya police officers Mohammed Badrawy, Amr Allam, and Mohamed 
Basiouni arrested Kamal Murad, a journalist for Al Fagr weekly 
newspaper, who had reportedly been taking photos of police beating 
farmers in Ezbat Mohram to coerce them to sign leases with a local 
businessman. The officers allegedly beat Murad, verbally assaulted him, 
and seized his notes and mobile phone memory card. Human rights 
organizations alleged that the officers arrested Murad because he had 
previously reported on the 2007 high-profile police torture case of 
Emad Al-Kabir; the officers reportedly referred to Murad as ``the one 
who sent the officer to jail for three years.'' On June 21, three human 
rights organizations (ANHRI, the Arab Council for the Support of a Fair 
Trial and the Hisham Mubarak Law Center) requested that the Ministry of 
Interior investigate the officers responsible. At year's end, the MOI 
had not taken action to investigate this case.
    Although in recent years opposition party newspapers published 
articles critical of the President and foreign heads of state without 
being charged or harassed, the Government and private individuals 
continued to charge journalists with libel under the portion of the 
press and publication law that forbids malicious and unsubstantiated 
reporting. Under the law, an editor-in-chief could be considered 
criminally responsible for libel contained in any portion of his or her 
newspaper, and journalists faced fines of as much as LE 20,000 
(approximately $3,600) and as long as five years in prison for 
criticizing foreign leaders or the President. The Government also 
charged and convicted journalists for ``disturbing public order'' on 
national security-related grounds when their reporting was politically 
embarrassing.
    On October 11, the Cairo Criminal Court fined the editor-in-chief 
of the independent sensationalist newspaper Al-Fagr, Adel Hamouda, and 
a reporter for the paper, Mohammed Al-Baz, LE 80,000 ($15,000) each for 
publishing images of the Sheikh of Al-Azhar dressed in papal robes and 
wearing a cross, alongside a September article urging the Sheikh not to 
visit the Vatican.
    On October 26, a court fined the owner of the Cairo News Company 
media transmission firm LE 150,000 ($27,000) and confiscated some of 
his equipment for operating the firm without the required licenses. The 
Government shut down the firm in April after it provided uplink 
services for an Al-Jazeera broadcast of protestors trampling on posters 
of President Mubarak during the April Mahalla clashes.
    On November 25, the public prosecutor ordered the trial of Magdy El 
Galad, editor-in-chief of the independent newspaper Al-Masry Al-Youm, 
Abass El Tarabily, editor in chief of the opposition newspaper Al Wafd, 
and three other journalists from the two newspapers for violating the 
press ban on the trial of former NDP member of parliament Hisham Talaat 
Mustafa for allegedly ordering the murder of Lebanese pop singer 
Suzanne Tamim. At year's end the trial of the journalists was scheduled 
to begin on January 8, 2009.
    In January 2007 lawyers affiliated with the ruling NDP filed suit 
based on Article 102 of the Criminal Law alleging that on January 26, 
Al-Wafd newspaper published false news that damaged the reputation of 
the judiciary by printing an article about the justice minister's 
alleged public criticism of a number of judges in January 2007.
    On February 12, a North Cairo court commuted a six-month prison 
sentence imposed by a lower court in May 2007 against Al-Jazeera 
producer Huweida Taha Metwalli for allegedly damaging the country's 
image. However, the court allowed Metwalli's conviction to stand. 
Metwalli had admitted to staging reenactments of allegedly real torture 
for an Al-Jazeera documentary.
    At year's end a verdict in the appeal case of four independent 
editors, including Ibrahim Eissa, editor in chief of the independent 
newspaper Al-Dostour, was scheduled to be issued on January 31, 2009. 
The editors were free on bail at year's end. The four editors were 
convicted in September 2007 on charges ranging from misquoting the 
justice minister to defaming the President and senior officials of the 
NDP. Private individuals affiliated with the ruling party sponsored the 
lawsuits that led to the editors' convictions. Under the law, such 
lawsuits can result in criminal convictions. In December 2007, charges 
were dropped against three of the original seven defendants.
    On March 26, Bulaq Misdemeanor Court convicted Ibrahim Eissa on 
charges of spreading false information ``liable to harm the general 
interest and the country's stability'' for August 2007 reporting on 
President Mubarak's health. The court issued Eissa a six-month 
suspended sentence, which Eissa appealed. On September 28, Bulaq 
Misdemeanor Court of Appeals upheld the conviction and ordered Eissa to 
serve a two-month jail sentence; on October 6, President Mubarak 
commuted Eissa's sentence. At year's end Eissa was free and employed at 
the newspaper. On December 22, a court ordered the pro-government 
newspaper Al-Ahram and a translation service to jointly pay a 50,000 LE 
(approximately $9,090) fine to Sheikh Youssef El-Badry for insulting 
El-Badry in an August 2007 article.
    The September 2007 case against Mohamed al-Sayed Sa'eed remained 
pending at year's end. In September 2007 an NDP-affiliated lawyer, 
Samir Al-Sheshtawy, filed a lawsuit against Mohamed al-Sayed Sa'eed the 
editor-in-chief of the independent daily Al-Badeel, for ``defamation'' 
after Al-Badeel ran an editorial on September 5 describing al-Sheshtawi 
as ``a Mubarak-loving lawyer.'' In October 2007 the first hearing in 
the case took place.
    There were developments regarding the 2007 case of Dr. Saad Eddin 
Ibrahim, founding chairman of the Ibn Khaldun Center for Development 
Studies. On August 2, the Al-Khalifa Misdemeanor Court ruled against 
Ibrahim in a civil lawsuit accusing him of ``tarnishing Egypt's image 
abroad,'' and sentenced Ibrahim in absentia to two years imprisonment 
and imposed a 10,000 LE (approximately $1,886) fine. Ibrahim had been 
living in self-imposed exile in Qatar and the United States since July 
2007. In late 2007 Lawyers' Syndicate Deputy President Abul Naga al-
Merhezi brought the civil lawsuit against Ibrahim for allegedly harming 
the country's image after Ibrahim criticized the Government in a series 
of articles and speeches on democracy. Ibrahim was living in the United 
States at year's end.
    The Emergency Law authorizes censorship for reasons of public 
safety and national security, and the Government frequently censored 
domestic and international publications and media content during the 
year, including works deemed offensive to public morals, detrimental to 
religion, or likely to cause a breach of the peace. Domestic media also 
practiced self-censorship due to fear of government reprisal. The 
Government regularly confiscated publications by Islamists and other 
critics of the state, and it increasingly ceded confiscatory authority 
to Al-Azhar University and acted on its recommendations.
    During the year the Government banned the sale of four 
international newspapers (Germany's Frankfurter Allgemeine Zeitung and 
Die Welt, Britain's Observer, and the U.S.'s Wall Street Journal) 
because they contained pictures ``offensive to Prophet Mohammed.'' The 
Government confiscated German magazine Der Spiegel's special edition on 
Islam.
    On April 1, the Nilesat network, a government-owned satellite 
transmission company, stopped the broadcast of Al-Hiwar, a privately 
owned London-based channel, without prior notice. Al-Hiwar had featured 
talk shows such as ``People's Rights,'' which had hosted prominent 
government critics such as Ibrahim Eissa. The Committee to Protect 
Journalists expressed deep concern about the suspension, noting ``the 
decision comes in retaliation for the station's critical reporting on 
Egyptian and Arab world politics.'' At year's end the station was still 
suspended.
    In late October Nilesat also stopped the transmission of the 
Islamic satellite channel ``Al Hikma'' without prior notice.
    On April 8, authorities confiscated 5,000 copies of a book written 
by former senior police officer Amr Afifi. The book discusses legal 
procedures relating to interactions with police officers, including 
investigations, arrests, and inspections, and it explains citizens' 
rights vis-a-vis security forces. Afifi subsequently fled the country 
and remained in exile at year's end. Authorities also banned a number 
of books from the Cairo International Book Fair, including four works 
by Czech author Milan Kundera and Moroccan Mohamed Choukri's 
autobiographical For Bread Alone. These works are banned in several 
Arab countries because they contain references to teenage sex and drug 
use. The Government also banned Love in Saudi Arabia by novelist 
Ibrahim Badi and Women of Sand and Myrrh by Lebanese writer Hanan al-
Sheikh.
    On July 27, the Press and Publications Department of the MOI denied 
having banned the book Inside Egypt: The Land of the Pharaohs on the 
Brink of a Revolution. On July 23, the AFP reported the book's New 
York-based publishers Palgrave Macmillan confirmed the book had been 
banned in the country.
    Throughout the year the Government routinely searched imported 
written material to confiscate items deemed insulting to religious 
sensibilities.

    Internet Freedom.--Approximately 10 million persons had access to 
the Internet, which the Government actively promoted through low-cost 
access. There were reportedly more than 160,000 bloggers in the 
country. The Government blocked access to some Web sites and monitored 
the Internet during the year. On August 9, according to ANHRI, the 
Government imposed a regulation requiring Internet cafes to gather 
personal information of Internet users including names, e-mail 
addresses, and telephone numbers. ANHRI described the measure as an 
increase in censorship and a violation of users' privacy. Although 
there is no specific legislation regarding the blocking of Web sites, 
the authorities forced Internet service providers to block sites on 
public safety or national security grounds. Private use of Internet 
encryption devices is prohibited by the Telecommunications Act. The 
Government blocked Web sites discussing the April 6-7 Mahalla clashes. 
Also, on May 4, a government-owned Internet service provider blocked 
the Web site of the opposition movement Keyafa. Authorities 
subsequently censored Keyafa for 12 days because it has supported calls 
for a May 4 strike against inflation and low wages.
    During the year police detained and allegedly tortured bloggers. 
The bloggers' arrests usually appeared to be linked primarily to their 
efforts to organize demonstrations through their blogs, and their 
participation in street protests or other activism.
    On April 7, police detained an activist who contributed to 
organizing the April 6 general strike. The activist had used a Facebook 
group to call for the strike. Authorities released the activist from 
prison on April 23.
    On May 7, SSIS officers apprehended and tortured an Internet 
activist who had called for a general strike on May 4 to protest low 
wages and inflation. According to Human Rights Watch (HRW), the 
officers allegedly blindfolded and stripped him naked before beating 
him for 12 hours and releasing him without charge. On May 10, HRW 
requested that the MOI investigate and prosecute the police officers 
responsible. At year's end authorities had not taken action against the 
officers. The Government also blocked Web sites discussing the strike.
    On July 21, police detained Mohamed Rafat Bayoumi, a blogger and 
mass communications student at Cairo University. Rafat had called upon 
the readers of his blog to launch public demonstrations to commemorate 
the July 23, 1952, Free Officers Revolution. The police officers 
accused Rafat of public agitation and disturbing social peace. Rafat 
was released on September 29.
    On October 24, blogger Ahmed Abdel Kawi, a third-year journalism 
student at Cairo University, was excluded from university housing 
despite having met all of the necessary conditions. During the year 
Kawi had criticized government policy on his blog. The Arabic Network 
for Human Rights Information issued a statement criticizing the measure 
the university took as unlawful. ANHRI urged the university to maintain 
the independence of academic institutions and to end complicity with 
state security regarding the abrogation of students' legal rights.
    On November 16, State Security Forces arrested blogger Mohamed 
Khairi and detained him in Fayoum. Khairi was accused of attempting to 
overthrow the regime, membership in an illegal group, and possession of 
leaflets calling for lifting the siege on Gaza. The prosecutor of 
Fayoum ordered Khairi's release on November 19, and the Government 
released him on November 28.
    On November 16, Sinai University officials excluded student and 
blogger Amr Salama from student union elections although all his 
documents had been in order and his name had been included on the final 
list of candidates.
    On November 20, State Security arrested MB-affiliated blogger 
Mohammed Adel and allegedly tortured him. On November 21, SSIS seized 
many of his books and CDs from his home. Adel's blog called for MB 
detainees to be released. At year's end, Adel remained in custody.
    On December 2, the Government prevented an Internet activist from 
traveling to the United States to participate in the December 3-5 
``Alliance of Youth Movements Summit.''
    During the second half of the year SSIS also arrested two other 
bloggers, Abd Altawab Mahmoud and Khalifa Ebaid. Karim Amer, a 
university student and blogger convicted in February 2007 of spreading 
disruptive information, and blogger Abdel Karim Nabil Suleiman, 
convicted in 2006 of ``denigrating'' Islam and insulting Mubarak, 
remained in prison at year's end.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom through various means. It selected deans rather than 
permitting the faculty to elect them, justifying the measure as a way 
to combat Islamist influence on campus. It also banned academic travel. 
On March 31, SSIS prevented political science professor Dr. Abdel Hamid 
El Ghazali from traveling to Saudi Arabia to attend a conference on 
Islamic economics. On August 20, SSIS prevented him from traveling to 
Algeria to attend a conference on social reform. On November 11, 
Egyptian authorities banned MB-affiliated doctors Essam Al Eryan and 
Mohamed Gamal Heshmat from traveling to Damascus to attend a conference 
on ``The Right of Return for Palestinians.'' In September the 
Government refused to grant the MB permission to hold its annual 
Ramadan ``iftar'' dinner for hundreds of guests.
    The Ministry of Culture must approve all scripts and final 
productions of plays and films. The ministry censored foreign films to 
be shown in theaters but was more lenient regarding the same films in 
videocassette or DVD format. Government censors ensured that foreign 
films made in the country portrayed the country in a favorable light.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, but the 
Government restricted the exercise of this right. Citizens must obtain 
approval from the MOI before holding public meetings, rallies, and 
protest marches. The MOI refused to grant permits for some political 
events, and the Government tightly controlled public demonstrations, 
including some meetings on private property and university campuses.
    On April 2, Parliament passed a law criminalizing protests in 
places of worship and surrounding areas, with prison sentences of as 
long as one year and fines as much as LE 5,000 (approximately $900).
    In numerous incidents, authorities showed little tolerance for 
peaceful demonstrations by opposition groups and activists protesting 
government policies.
    Police generally responded to political demonstrations during the 
year with high numbers of riot police deployed by the Ministry of 
Interior to contain both the size and effectiveness of the 
demonstrations, and sometimes used excessive force, such as in the 
April 6-7 Mahalla clashes. A pattern of arresting demonstrators, and 
detaining them for at least 15 days ``pending further investigation'' 
continued, particularly in cases of unauthorized rallies. In a number 
of unauthorized demonstrations, police detained suspected organizers, 
some of whom alleged mistreatment in detention.
    On April 1 and 2, MB members demonstrated across the Delta area 
(Gharbeya, Qalyubiya, Zagazig and Alexandria) against government 
efforts to prevent the MB from running in the April 8 local elections. 
Authorities arrested hundreds of MB members and injured approximately 
10 persons.
    On April 6 and 7, in Mahalla, police in riot gear used live 
ammunition and rubber bullets to suppress protests against low wages 
and price hikes for basic goods. Protestors reportedly threw rocks and 
Molotov cocktails, injuring five police officers, and burned two 
schools and other property. A 15-year-old bystander was killed and 
dozens were wounded. Security forces detained more than 300 
demonstrators.
    On July 23, police arrested 26 members of a Facebook social 
networking group known as the ``6th of April Youth'' as they 
demonstrated in support of Egypt's July 23, 1952, revolution. 
Authorities arrested the activists on charges including ``causing a 
public disturbance'' and ``disrupting traffic in an attempt to stage 
street riots.'' On July 28, a court in Alexandria ruled that the 
protesters should be released, but 14 remained in custody for several 
more days before they were released.
    On December 30 and 31, police prevented protesters from 
demonstrating in downtown Cairo against Israeli attacks in Gaza. Police 
reportedly arrested large numbers of protesters, and released most of 
them after a few hours.

    Freedom of Association.--The constitution provides for freedom of 
association; however, the Government significantly restricted the 
exercise of this right. The minister of social solidarity has the 
authority to dissolve NGOs by decree. The law also requires NGOs to 
obtain permission from the Government before accepting foreign funds. 
According to officials, donations from foreign governments with 
established development programs in the country were excluded from this 
requirement.
    On March 30, Giza Administrative Court ruled that the Center for 
Trade Union and Workers Services (CTUWS)--a labor rights organization 
that monitored trade union elections and provided legal aid to 
candidates and voters--should be permitted to register as an NGO, 
responding to complaints filed after the Government closed CTUWS 
headquarters in three cities in 2007. On June 26, the Ministry of 
Social Solidarity issued a decree reopening CTUWS, and it subsequently 
re-opened. On October 26, in response to international and domestic 
pressure, Cairo Administrative Court overturned the Government decision 
to dissolve AHRLA, and the organization was able to continue to operate 
normally throughout the rest of the year. In September 2007 the 
Government ordered the closure of AHRLA for accepting funds from 
foreign donors without government approval. AHRLA played a role in 
exposing several cases of torture by security personnel, specifically 
in a lawsuit against a state security officer who allegedly tortured 
Mohamed Abdel Kader al-Sayed to death in 2003.

    c. Freedom of Religion.--The constitution provides for freedom of 
belief and the practice of religious rites; however, the Government 
restricted the exercise of these rights. According to the constitution, 
Islam is the official state religion, and Shari'a (Islamic law), the 
primary source of legislation. Religious practices that conflict with 
the Government's interpretation of Shari'a are prohibited.
    Members of non-Muslim religious minorities officially recognized by 
the Government generally worshiped without harassment and maintained 
links with coreligionists in other countries.
    Members of religions not recognized by the Government, particularly 
Baha'is, experienced personal and collective hardship. Religious groups 
seeking recognition must submit a request to the MOI, which determines 
whether, in its view, the group would pose a threat to national 
security or social order. The MOI also consults leading religious 
figures, particularly the pope of the Coptic Orthodox Church and the 
sheikh of Al-Azhar. The last official recognition of a religious group 
occurred in 1990. The Government did not recognize marriages of 
citizens adhering to faiths other than Christianity, Judaism, or Islam, 
nor did it recognize conversions of Muslim-born citizens to other 
religions.
    The law prohibited blasphemy and the ``denigration of religions.'' 
Though there were no reported prosecutions, at least one Koranist was 
arrested and was being held without charges at year's end. The 
Government prosecuted members of religious groups whose practices 
deviated from mainstream Islamic beliefs and whose activities were 
believed to jeopardize communal harmony. The law bans Baha'i 
institutions and community activities and stripped Baha'is of legal 
recognition. The Government continued to deny civil documents, 
including ID cards, birth certificates, and marriage licenses to 
members of the Baha'i community. The MOI requires identity card 
applicants to self-identify as a Jew, Christian, or Muslim. As a 
result, Baha'is faced difficulties in conducting civil transactions, 
including registering births, marriages, and deaths, obtaining 
passports, enrolling children in schools, and opening bank accounts. 
During the year Baha'is were compelled either to misrepresent 
themselves as Muslim, Christian or Jewish, or go without valid identity 
documents. Many Baha'is chose the latter course.
    Traditional practices and some aspects of the law discriminated 
against religious minorities, including Christians and particularly 
Baha'is. The law requires non-Muslims to obtain a Presidential decree 
to build a new place of worship. In addition, MOI regulations, issued 
in 1934 under the Al-Ezabi decree, specify a set of 10 conditions the 
Government must consider before a Presidential decree for construction 
of a new non-Muslim place of worship can be issued. The conditions 
include the requirement that the distance between a church and a mosque 
not be less than 100 meters (328 feet) and that approval of the 
neighboring Muslim community be obtained before a permit to build a new 
church may be issued.
    The law also requires non-Muslims to obtain a governor's approval 
to repair, renovate, or expand existing church complexes. Decree 291 of 
2005 delegated such authority, formerly held by the President, to the 
governors, but loopholes in the law have been exploited to prevent 
implementation. For example, some local authorities refuse to process 
applications without ``supporting documents'' that were virtually 
impossible to obtain (e.g., a Presidential decree authorizing the 
existence of a church that had been established during the country's 
monarchical era). Church and lay leaders also maintain that security 
forces blocked them from using permits that had been issued, and at 
times denied them permits, for repairs to church buildings and the 
supply of water and electricity to existing church facilities. As a 
result, in general, congregations continue to wait many years to be 
able to build and repair church properties.
    The constitution requires elementary and secondary public schools 
to offer religious instruction. Public and private schools provided 
religious instruction according to the faith of the student.
    The Government did not carry out forced conversions; however, there 
were again reports of forced conversions of Coptic women and girls to 
Islam by Muslim men. Reports of such cases are disputed and often 
include inflammatory allegations and categorical denials of kidnapping 
and rape. Observers, including human rights groups, find it difficult 
to determine whether compulsion was used, as most cases involve a 
female Copt who converts to Islam when she marries a Muslim male.
    On September 24, the Alexandria Court of Appeals upheld a 2006 
Family Court ruling that the father of Mario Medhat Ramses, 11, and 
Andrew Medhat Ramses, 13, a convert from Christianity to Islam, was 
entitled to custody of his sons. The ruling would permit him to convert 
children to Islam over the objection of their Christian mother, who 
continued to raise them as Christians after her husband converted to 
Islam. Although Article 20 of the civil code grants custody of children 
to their mothers until age 15, the court applied Shari'a guidelines to 
reach the verdict. Despite the court order, the boys remained in their 
mother's custody at year's end.
    Neither the constitution nor the civil and penal codes prohibit 
proselytizing, but police harassed or arrested some individuals 
proselytizing on charges of ridiculing or insulting the ``heavenly 
religions'' (Islam, Christianity, and Judaism) or inciting sectarian 
strife.
    Jehovah's Witness leadership reported that authorities monitored 
the homes, telephones, and meeting places of members of Jehovah's 
Witnesses. The Government also reportedly maintained regular and 
sometimes hostile surveillance of Muslim-born citizens who were 
suspected of having converted to Christianity. On September 17, a 
criminal court sentenced Bahya Nagy Ibrahim to three years in prison 
for falsely claiming to be Christian. She remained free at year's end 
and human rights observers noted that they did not expect the sentence 
to be enforced; her sister, Shadia, was convicted of the same crime in 
November 2007, a conviction the public prosecutor subsequently 
reversed. Ibrahim had listed her religion as Christian on her marriage 
certificate in the 1980s, not knowing her father's brief conversion to 
Islam in 1962 made her official religion Islam according to the 
country's interpretation of Islamic law.
    Authorities monitored and occasionally placed restrictions on 
religious materials (published in the country and imported) as they did 
other written materials.
    The Government banned women and girls in public primary schools 
from wearing veils. Girls in secondary or preparatory schools could 
wear a veil only upon a parent's written request.

    Societal Abuses and Discrimination.--Societal religious 
discrimination and sectarian tension continued during the year.
    For example, on November 24, hundreds of Muslims attacked a 
recently opened, unlicensed Coptic church in the Ain Shams area of 
Cairo, fighting with Coptic worshippers and police attempting to 
restore order.
    Authorities continued to detain two Copts accused of killing a 
Muslim who died at the time of the attack on the Abu Fana Monastery. 
There were no charges filed against the assailants who assaulted the 
monastery and abused the monks who were abducted.
    The constitution provides for equal public rights and duties 
without discrimination based on religion or creed, and in general the 
Government upheld these protections; however, government discrimination 
against non-Muslims existed. The Government continued to discriminate 
against non-Muslims in public sector employment and in admission to 
publicly financed Al Azhar University.
    Anti-Semitism in the media was common, although less prevalent than 
in recent years. There were no reports of anti-Semitic acts directed 
toward the country's approximately 125 Jews. Anti-Semitic sentiments 
appeared in both the pro-government and opposition press. Anti-Semitic 
editorial cartoons and articles depicting demonic images of Jews and 
Israeli leaders, stereotypical images of Jews along with Jewish 
symbols, and comparisons of Israeli leaders to Hitler and the Nazis 
were published throughout the year. The Government advised journalists 
and cartoonists to avoid anti-Semitism. Government officials insisted 
that anti-Semitic statements in the media were a reaction to Israeli 
government actions against Palestinians and did not constitute anti-
Semitism.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    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 with some notable exceptions. Citizens and foreigners may not 
travel in areas of the country designated as military zones. Males who 
have not completed compulsory military service may not travel abroad or 
emigrate, although this restriction may be deferred or bypassed under 
special circumstances. Unmarried women younger than 21 must have 
permission from their fathers to obtain passports and travel, and 
police reportedly required such permission for married women in 
practice, although the law no longer required it. The Government did 
not consistently cooperate 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.
    On May 1, SSIS prevented MB member and blogger Abdel Moneim Mahmoud 
from traveling to Morocco to participate in a conference on press 
freedom.
    The constitution prohibits forced exile, and the Government did not 
use it during the year.

    Protection of Refugees.--The constitution includes provisions for 
the granting of refugee status or asylum to persons who meet the 
definition in the 1951 UN Convention relating to the Status of Refugees 
and its 1967 protocol; however, the country has no national legislative 
framework or system for granting asylum. The Government admits refugees 
on the understanding that their presence in the country is temporary, 
and the UNHCR assumes full responsibility for the determination of 
refugee status on behalf of the Government.
    From January to June, the Government denied the UNHCR access to all 
potential Eritrean and Ethiopian refugees who were imprisoned for 
illegally entering the country. On June 16, the Government allowed the 
UNHCR to meet with the estimated 140 Eritreans and 40 Ethiopians 
detained in Aswan. Most Eritreans were granted refugee status; all 
Ethiopians were denied. The Ethiopians subsequently requested 
repatriation to Ethiopia.
    In practice, the Government sometimes did not provide protection 
against the expulsion or forced return of refugees to countries where 
their lives or freedom would be threatened.
    On April 19, the Government forcibly deported to southern Sudan an 
estimated 30 Sudanese men and boys, at least 11 of whom UNHCR 
recognized as refugees or asylum seekers. According to HRW, police 
arrested the individuals on February 8 after Sudanese gangs in Cairo 
had been accused of vandalizing cars.
    In June authorities forcibly returned at least 1,200 Eritrean 
nationals to Eritrea, triggering a June 19 letter from 18 local human 
rights organizations expressing concern about the deportations. By 
year's end authorities had not responded to the letter. On December 24, 
Egypt forcibly repatriated another 25 more Eritreans.
    On August 26, police arrested 23 Sudanese refugees in Sinai and 
deported them to Khartoum on November 7 for allegedly illegally 
crossing into Israel. According to the Darfur Democratic Forum, they 
were transported to Cairo and interrogated, beaten, and tortured before 
being transferred to the Sudanese embassy, which organized their 
departure.
    Refugees faced violence by security forces, abuse, and 
discrimination.
    During the year in at least 16 separate incidents, security forces 
shot and killed at least 33 African migrants attempting to cross 
illegally into Israel. At year's end the Government had not taken 
action to prosecute any of the officers involved in these incidents. 
For example, on February 16, security forces shot and killed Mervat Mer 
Hatover, an Eritrean woman, as she attempted to cross the border near 
the El Kuntilla region in the Sinai Peninsula. On June 28, security 
forces shot and killed a seven-year-old Sudanese girl and man 
attempting to cross the border south of Rafah. There was an increase in 
the number of Eritrean, Sudanese, and other African asylum seekers who 
attempted to migrate illegally through the country to Israel during the 
year. Throughout the year authorities arrested more than 1,300 sub-
Saharan refugees on charges of attempting an unlawful crossing of 
Egypt's eastern border with Israel. Detainees were tried in military 
courts that, according to AI, did not meet international standards for 
fair trial. Courts often imposed one year sentences followed by 
immediate deportation procedures.
    Many African and Sub-Saharan refugees faced discrimination, 
including restrictions on employment, poor housing, limited access to 
health and education, and societal discrimination based on race. Iraqi 
refugees faced restrictions on employment and access to health and 
education services.
    Baha'i men of draft age had difficulty obtaining passports because 
they are unable to establish that they have fulfilled or are exempt 
from military service obligations.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides that citizens shall elect the President 
every six years and the 454-seat People's Assembly every five years. 
The constitution also provides that two-thirds of the 264-member Shura 
Council, the upper house of parliament, are elected and one-third are 
appointed by the President. Shura council terms are for six years, with 
half of the Shura's elected seats contested every three years. There 
continued to be limitations on citizens' rights to change their 
government peacefully, due to consistent election irregularities, 
including technical problems and fraud.

    Elections and Political Participation.--On February 17, President 
Mubarak announced that local council elections would take place April 
8. Local councils are responsible for implementing legislation and 
monitoring daily local functions of the Government municipalities; in 
addition, the law requires independent Presidential candidates to 
obtain at least 140 signatures from local council members in at least 
14 governorates.
    On February 29, the Government banned election campaigning in 
places of worship, schools, universities, and public transportation. 
The decree also banned the use of funds from abroad for campaigning.
    Many opposition candidates from registered political parties and 
the MB reported difficulties registering and alleged a government 
campaign to prevent opposition candidates from participating in the 
elections. More than 3,000 MB candidates prevented from registering 
sued the Government. Although the courts ruled in favor of the MB 
candidates in 2,664 suits, the majority of the rulings were not 
implemented. The Government arrested and detained an estimated 1,000 MB 
members prior to the elections. On March 30, HRW issued a statement 
noting that government arrests of MB-affiliated candidates ``put the 
legitimacy of the election in serious doubt.'' AI also expressed 
concern over the arrests and called for the Government to release the 
detained individuals.
    On April 7, following weeks of arrests and official hurdles placed 
in the way of candidate registration, the MB called on citizens to join 
it in ``boycotting this fraudulent process.'' Only 20 MB candidates 
registered and none ran for office after the MB announced its boycott.
    On April 8, the local elections took place in 26 governorates where 
candidates contested approximately 52,000 total seats. There were 
57,000 candidates in total, of whom 52,000 were NDP members.
    Independent observers estimated that the voter turnout was less 
than 3 percent. NDP candidates won 92 percent of the seats, and the 
rest went to the liberal Wafd party, the socialist Taggamu party, the 
liberal Democratic Front Party, the liberal Al-Ghad party, and 
independents.
    The Carnegie Endowment for International Peace described the 
elections as ``a step backwards for Egyptian politics,'' and the 
Egyptian Organization for Human Rights (EOHR) did not monitor the 
elections because of citizens' reluctance to participate and the 
elections' lack of competitiveness.
    Observers, including the Egyptian Alliance for Democracy Support 
and the NCHR, reported numerous violations and irregularities, 
including NDP monopolization of distinctive symbols, government 
prevention of observers from entering polling stations, violence 
between supporters of different candidates, ballot box stuffing, group 
voting, vote buying, counting of votes before the polls closed, and a 
shortage of ballots in some polling stations. The NCHR also reported 
that candidates' supporters attempted to influence voters in some 
polling stations.
    On July 3, Minister of Interior Habib Al Adly set parliamentary by-
elections for four vacant parliament seats in Kafr Al Sheikh and 
Alexandria for July 13. The four seats had been vacant since a legal 
challenge during the 2005 parliamentary elections. The NDP won the four 
contested seats. MB-affiliated candidates ran for three of the seats, 
and the MB accused the Government of rigging the vote to favor the NDP.
    The NDP continued to dominate national politics by maintaining an 
overriding majority in the People's Assembly and the Shura Council. It 
also dominated local governments, mass media, labor, and the public 
sector, and controlled licensing of new political parties, newspapers, 
and private organizations. The law prohibits political parties based on 
religion, and the MB remained an illegal organization; however, 
independent members of Parliament linked to the MB continued to 
participate actively in Parliament. The Government refused to grant 
official registration to 12 political parties that had filed 
applications in the past. At year's end, none of the 12 parties had 
reapplied to the Political Parties Affairs Committee.
    There were nine women in the People's Assembly (out of 454 total 
seats) and 21 in the Shura Council (out of 264). Two women served among 
the 32 ministers in the cabinet.
    There were six Christians (five appointed, one elected) in the 
People's Assembly; 10 Christians (all appointed) in the Shura Council; 
and two Christians in the cabinet. Christians, who represent 8 to 12 
percent of the population, held fewer than 2 percent of the seats in 
the PA and Shura Council. In 2006, for the first time in more than 30 
years, the Government appointed a Copt as one of the country's 28 
governors in Qena. During the year the Government reappointed the 
Christian governor of Qena. There were no Christians in the upper ranks 
of the security services and armed forces.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not 
consistently and effectively implement the law, and impunity was a 
problem. Media routinely reported on confirmed cases of low-level 
corruption, including the fraudulent alteration of official documents, 
embezzlement, and bribery.
    There was an update regarding the November 2007 detention of Ayman 
Abdel Moneim. On October 8, a Cairo criminal court convicted Moneim and 
two other Ministry of Culture officials, and sentenced them to 10-year 
prison terms. The court fined Moneim LE 200,000 (approximately 
$35,000), and the other two officials LE 125,000 ($22,000) and LE 
550,000 ($100,000). In November 2007 Assistant Minister of Justice 
Ahmed al-Shalaqany ordered the provisional detention of Ayman Abdel 
Moneim, director of the Ministry of Culture's Office for Monuments, 
after Moneim was accused of receiving bribes. On November 25, the 
public prosecutor transferred Moneim and eight other suspects to a 
criminal court on charges of receiving bribes and manipulating the 
ministry's tenders, which accounted for LE 930,000 ($170,000). At 
year's end Moneim and the two other officials were in prison.
    On July 27, Safaga Misdemeanors Court acquitted ferry owner and 
Shura Council member Mamdouh Ismail, along with five other defendants, 
for failing to offer assistance in the 2006 sinking of the Al-Salaam 
Bocaccio 90 ferry in the Red Sea, which killed more than 1,000 people. 
Ismail's relationship with Presidential chief of staff Zakaria Azmi had 
sparked public debate about corruption. Four hours after the verdict 
was issued, the public prosecutor appealed the decision. The case 
remained pending at year's end, and Ismail remained in London.
    On November 20, Cairo Criminal Court sentenced former Deputy 
Minister of Agriculture Youssef Abdel Rahman and Chairman of the 
Agricultural Bourse Randa Al Shamy to 10 and seven years of 
imprisonment, respectively. Both were found guilty of importing 
carcinogenic pesticides to Egypt, bribery, and embezzlement of public 
money.
    There were no financial disclosure laws for public officials, nor 
were there legal provisions for public access to government 
information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Government restrictions on NGO activities, including limits on 
organizations' ability to accept foreign funding, continued to limit 
reporting on human rights abuses. Government officials were selectively 
cooperative and responsive to some NGOs' views.
    Local independent human rights NGOs included the EOHR, the HRAAP, 
the AHRLA, the Cairo Institute for Human Rights Studies (CIHRS), the 
EIPR, the Ibn Khaldun Center, the Arab Center for the Independence of 
the Judiciary and the Legal Profession (ACIJLP), the Arab Network for 
Human Rights Information, the Nadim Center for the Rehabilitation of 
Victims of Torture and Violence, and the Egyptian Center for Women's 
Rights (ECWR). The Government closed AHRLA in September 2007, but the 
organization continued to operate as the Center for Human Rights and 
Legal Aid until an October 26 court ruling allowed it reestablish using 
its original name. The AOHR generally took a softer line toward the 
Government. Informal coalitions of Internet activists and bloggers 
continued to play an increasingly significant role in publicizing 
information about human rights abuses. On September 12, prominent 
Egyptians, including former foreign minister Ahmed Maher, announced the 
formation of a new NGO called ``The Police and the People for Egypt,'' 
which seeks to address existing tensions between police and citizens.
    Several leading human rights groups and civil society organizations 
continued to press legal challenges against government decisions that 
prohibit them from registering under the NGO law. Although these 
organizations generally were allowed to conduct operations, albeit on a 
limited basis, they did so in technical violation of the NGO law with 
the omnipresent prospect of government interference and/or closure 
looming over them.
    The Government did not demonstrate a consistent approach to 
cooperating with human rights NGOs, sometimes harassing them or 
restricting their activities, and it detained and abused some bloggers.
    On May 18, the Arab Center for the Independence of the Judiciary 
and the Legal Profession (ACIJLP) reported that the Government forced 
it to conclude a May 14-16 human rights conference in Alexandria one 
day earlier than planned. Security officials allegedly harassed the 
hotel staff where the conference took place.
    In June the Government removed EIPR from the list of participants 
for the UN General Assembly High Level Meeting on HIV and AIDS on June 
10 and 11. Domestic and international NGOs described the incident as 
``a disturbing escalation of the atmosphere of harassment and 
restrictions targeting independent human rights organizations.''
    On December 5, CIHRS issued its first annual report detailing the 
state of human rights in the Arab world, accusing the Government of 
using its influence in international organizations to thwart efforts at 
human rights reform.
    The Government generally allows international human rights NGOs to 
establish informal operations. Organizations such as HRW made periodic 
visits as part of their regional research program and were able to work 
with domestic human rights groups. On April 7, according to press 
reports, the Ministry of Foreign Affairs withdrew approval for the 
International Federation for Human Rights to open a regional office in 
Cairo. At year's end the NGO was still waiting for official approval. 
The National Democratic Institute, International Republican Institute, 
and International Foundation for Electoral Systems (IFES), which 
provide technical assistance in support of expanded political and civil 
rights, remained unregistered but were able to pursue limited 
activities.
    The Government cooperated selectively with the UN and other 
international organizations. It did not respond to standing visitation 
requests from at least five UN special rapporteurs, including those on 
torture, the situation of human rights defenders, freedom of religion, 
independence of judges and lawyers, human rights, and counterterrorism.
    The United Nations High Commissioner for Refugees criticized the 
Government for its forced returns of Eritrean asylum seekers during the 
year. On January 17, the European Parliament issued a resolution 
criticizing the country's human rights record. The resolution called on 
the Government to release Ayman Nour, end harassment of journalists and 
human rights activists, lift the state of emergency, amend the law 
governing military tribunals, investigate suspected cases of torture, 
and enhance the independence of the judiciary. The Government responded 
by condemning the resolution and threatening to sever relations with 
the European Parliament and the Euro-Mediterranean Parliamentary 
Assembly.
    The National Council for Human Rights (NCHR) is a subsidiary of the 
Shura Council in consultative status. The NCHR continued to monitor 
government abuses of human rights, formally submitting citizen 
complaints to the Government, and issued reports critical of the 
Government. On March 30, the NCHR issued its fourth annual report on 
the status of human rights in the country, covering 2007. The NCHR 
reported that it received more than 6,600 complaints during the year, 
of which 30 percent were alleged violations of civil and political 
rights. The report documented that the Government responded to 53 
percent of the complaints, an improvement of the 2006 response rate. 
The report called on the Government to address mistreatment of citizens 
in detention centers, improve judicial supervision of prisons and 
detention centers, provide the draft counterterrorism law to the NCHR 
for review, lift restrictions on political parties and NGOs, issue new 
election regulations, follow up on the implementation of political 
rights, and enforce citizenship rights. At year's end the Government 
followed up on some of the NCHR's recommendations, such as improving 
employment conditions and releasing specific individual prisoners from 
detention. By year's end the NCHR had opened a rotating complaints 
office, following its announced intention to do so in February 2007.
    The People's Assembly had a Human Rights Committee, which human 
rights activists deemed ineffective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equality of the sexes and equal 
treatment of non-Muslims; however, aspects of the law and many 
traditional practices discriminated against women and religious 
minorities.

    Women.--The law prohibits rape, prescribing penalties of 15 to 25 
years imprisonment or life imprisonment for cases involving armed 
abduction. The Government did not always enforce the law, in part due 
to women's fear of reporting rape incidents. Spousal rape is not 
illegal. According to a May 2007 study by the National Center for 
Criminal and Social Research, there were approximately 20,000 cases of 
rape during the year.
    Although the law does not prohibit domestic violence or spousal 
abuse, provisions of law relating to assault in general may be applied 
with accompanying penalties. However, the law requires any kind of 
assault victims to produce multiple eyewitnesses, a difficult condition 
for a domestic abuse victim to meet. Domestic violence continued to be 
a significant problem. Several NGOs offered counseling, legal aid, and 
other services to women who were victims of domestic violence.
    The law does not specifically address honor crimes, in which a male 
violently assaults or kills a female, usually a family member, because 
of a perceived lack of chastity. There were no reliable statistics 
regarding the extent of honor killings.
    Prostitution and sex tourism were illegal but continued to occur, 
particularly in Cairo and Alexandria. Prostitution existed in cities 
and in some rural areas. Sex tourism existed in Luxor and Sharm El-
Sheikh. Street children were subject to prostitution. Most sex tourists 
came from Europe and the Gulf.
    There is no specific law criminalizing sexual harassment, but the 
Government prosecuted sexual harassment under a statute titled ``Public 
Exposure and the Corruption of Morals.'' Sexual harassment remained a 
serious problem. An ECWR survey, released July 17, found that 83 
percent of Egyptian women and 98 percent of foreign women in the 
country had been sexually harassed and that approximately half of women 
surveyed faced harassment on a daily basis. Women reported men staring 
inappropriately at their bodies, touching them inappropriately, making 
sexually explicit comments, and stalking them. The study found the 
majority of women did nothing in response to sexual harassment, 
although many reported suffering negative physical and emotional 
effects. Only 2.4 percent of Egyptian women and 7.5 percent of foreign 
women reporting sexual harassment sought help from police, and some 
reported police officers mocked or harassed them.
    On October 21, for the first time in the country's history, a court 
heard a sexual assault case, and convicted and sentenced Sherif Gomaa 
Gibrial to three years in prison for groping a woman in June. The court 
also fined Gibrial LE 5001 (approximately $895).
    On November 17, a court convicted and sentenced Islam Megdy to one 
year in prison on charges of sexual assault for the attempted rape and 
groping of three women on a street in the Cairo neighborhood of 
Mohandiseen on October 2.
    On November 20, police arrested and briefly detained approximately 
500 young men and boys for sexual harassment in schools and public 
parks.
    At year's end the Government had not investigated 2006 reports of 
groups of young men sexually harassing female pedestrians in downtown 
Cairo.
    The law provides for equality of the sexes; however, aspects of the 
law and many traditional practices discriminated against women.
    Laws affecting marriage and personal status generally corresponded 
to an individual's religion. For example, a female Muslim citizen may 
not marry a non-Muslim man without risking arrest and conviction for 
apostasy; under the Government's interpretation of Shari'a, any 
children from such a marriage could be put in the custody of a male 
Muslim guardian. Khul divorce allows a Muslim woman to obtain a divorce 
without her husband's consent, provided she is willing to forgo all her 
financial rights, including alimony, dowry, and other benefits. The 
Coptic Orthodox Church permits divorce only in specific circumstances, 
such as adultery or conversion of one spouse to another religion. 
Muslim female heirs receive half the amount of a male heir's 
inheritance, and Christian widows of Muslims have no inheritance 
rights. A sole female heir receives half her parents' estate with the 
balance going to designated male relatives, but a sole male heir 
inherits his parents' entire estate. A woman's testimony is equal to 
that of a man in court.
    Labor laws provide for equal rates of pay for equal work for men 
and women in the public sector, though this did not always happen in 
practice. According to 2003 government figures, women constituted 17 
percent of private business owners and occupied 25 percent of 
managerial positions in the four major national banks. Educated women 
had employment opportunities, but social pressure against women 
pursuing a career was strong. Women's rights advocates claimed that 
Islamist influence inhibited further gains. Women's rights advocates 
also pointed to other discriminatory traditional or cultural attitudes 
and practices, such as Female Genital Mutilation (FGM) and the 
traditional male relative's role in enforcing chastity.
    During the year the Government appointed women to several positions 
of authority within the Government. On July 19, Dar Al Ifta, a 
government body responsible for fatwas (religious edicts) issued a 
formal fatwa stating it is religiously permissible for an Egyptian 
woman to become the head of state or assume a position as a judge. On 
February 26, Zagazig Court appointed the first female marriage 
registrar in the country. On March 19, President Mubarak appointed 103 
women as assistant district attorneys. On May 6, the Supreme Judicial 
Council approved the appointment of 12 female judges in first instance 
courts. In November the minister of interior appointed the country's 
first Coptic woman mayor, Eva Habil Kirolos, in Qena.
    At year's end the Supreme Judicial Council had not ruled on the 
2006 cases of two female attorneys, Fatma Lashin and Amany Talaat, who 
had challenged the Government's refusal to appoint them as public 
prosecutors.
    The Ministry of Social Solidarity operated more than 150 family 
counseling bureaus nationwide to provide legal and medical services. 
The National Council for Women proposed and advocated policies to 
promote women's empowerment and designed development programs to 
benefit women. The Office of the National Ombudsman for Women provided 
assistance to women facing discrimination in employment and housing, 
domestic violence, sexual assault, and child custody disputes. A number 
of active women's rights groups worked to reform family law, educate 
women on their legal rights, promote literacy, and combat FGM.

    Children.--Despite a formal fatwa and a government law 
criminalizing it, FGM remained a serious problem, although it declined 
from previous years. In December the National Council for Childhood and 
Motherhood (NCCM) estimated that 55 percent of girls who married 
younger than 18 underwent FGM, with 9 percent in cities and 65 percent 
in rural areas. Previously, reported rates were as high as 97 percent. 
Tradition and family pressure continued to play a leading role in the 
persistence of FGM. On June 7, the People's Assembly criminalized FGM, 
except in cases of medical necessity, with penalties of three months to 
two years in prison, or a fine of as much as LE 5,000 (approximately 
$900). Criminal prosecutions in FGM cases occurred following the 
passage of the new law. The quasi-government NCCM operated a hotline 
for children. At year's end the NCCM did not yet have statistics on the 
number of FGM reports it received during the year. It continued a 
public awareness campaign in 120 villages in the country, and numerous 
senior government officials spoke out publicly against FGM during the 
year.
    On April 26, Al Maghagha Misdemeanors court sentenced Dr. Hanan 
Amin to one year of imprisonment with hard labor and a fine of LE 1,000 
(approximately $180). Amin had administered a fatal anesthesia overdose 
to 12-year-old Badour Shaker during a June 2007 FGM operation in an 
illegal medical unit. However, on May 20, the Al Maghagha Misdemeanors 
Appeal Court acquitted Amin and fined her LE 200 ($35) after she 
reconciled with the victim's family.
    On June 7, the People's Assembly approved new and amended 
provisions of the Child Law that included criminalization of FGM, 
except in cases of medical necessity, and stipulated penalties of three 
months to two years in prison or a fine from LE 1,000 ($180) to LE 
5,000 ($900). The Government continued to support efforts, including 
though its child abuse hot line, to educate the public about FGM.
    Although reliable data are lacking, several NGOs (including the 
Hope Village Society, the Egyptian Center for Women's Rights, and the 
Alliance for Arab Women) reported that child marriages, including 
temporary marriages intended to mask prostitution, were a significant 
problem. On June 7, as part of the Child Law amendments, the Government 
raised the official marriage age from 16 to 18. The amendments also 
allow the mother of a child whose father is unknown to issue a birth 
certificate for the child under the mother's name.
    On December 26, an Alexandria court sentenced teacher Haitham Nabil 
Abdel Hamid to six years in prison with hard labor for beating to death 
his 11-year-old student, Islam Badr, in October.
    The Ministry of Social Solidarity offered shelters for street 
children, but many children chose not to seek refuge there. Throughout 
the year, the shelters closed at night, forcing the children back onto 
the street. The NCCM offers a hotline for street children and abused 
children, which operates 24 hours a day, 365 days per year.
    In 2006 a court convicted six individuals of kidnapping, deceiving, 
molesting, and murdering 24 street children between April and November 
2006. In May 2007 two received death sentences and the others received 
long prison terms. At year's end a court of cassation decision on the 
defendants' appeal was expected in January 2009.

    Trafficking in Persons.--There is no specific comprehensive law 
prohibiting trafficking in persons; however, other laws, such as the 
labor code and the new child law amendments, which the parliament 
adopted on June 7, may be used to prosecute traffickers. Although no 
laws specifically proscribe trafficking of adults, the Government 
nonetheless prosecuted trafficking-related cases under laws prohibiting 
commercial sexual exploitation, with a maximum penalty of seven years' 
imprisonment and forced labor. Under the child law amendments, an 
individual who sells, buys, or offers a child for sale may be sentenced 
to at least five years of imprisonment and fined as much as LE 200,000 
(approximately $37,000). There were occasional reports of persons 
trafficked from Eastern Europe and Asia through the country to Israel 
for commercial sexual exploitation and forced labor.
    Some antitrafficking activists suggested children were being 
trafficked from rural areas within the country for work as domestic 
servants or laborers in agriculture, and urban street children were at 
risk for forced prostitution or panhandling. Caritas Internationalis 
estimated that 80 percent of street children were victims of some form 
of sexual exploitation. ECWR reported that women were sexually 
exploited through ``temporary marriages'' to tourists from the Gulf.
    The National Coordinating Committee to Combat and Prevent 
Trafficking in Persons, established in July 2007, improved 
intergovernmental coordination on antitrafficking initiatives. The 
Government indicated that authorities investigated 102 cases from 2003 
to 2007-08 that may have involved elements of trafficking in persons, 
including 73 cases involving commercial sexual exploitation and seven 
cases of abusing or forcing children into begging. Since there is no 
trafficking law, the Government did not report any prosecutions, 
convictions, or punishments for trafficking offenses.
    The Government continued to lack a formal victim identification 
program, and police reportedly arrested and mistreated street children 
for violating prostitution or other laws. The Government offered 
minimal protection services to victims during the year, and it 
continued to operate a child abuse hot line.
    The National Council for Childhood and Motherhood (NCCM) formed a 
new antitrafficking unit to provide services and training, and held 
several workshops during the year.
    In August press reports stated that Public Prosecutor Abdel Meguid 
Mahmoud approved issuing booklets for prosecutors including orders on 
treatment of children, banning FGM, child trafficking, and child abuse. 
In December First Lady Suzanne Mubarak hosted an event to introduce the 
Arabic version of the International Organization on Migration's (IOM) 
Arabic ``Handbook on Direct Assistance for Victims of Trafficking.''

    Persons With Disabilities.--The law provides that all businesses 
must designate five percent of their jobs for persons with physical or 
mental disabilities; however, there were no laws prohibiting 
discrimination against persons with disabilities in education, access 
to health care, or the provision of other state services, nor was there 
legislation mandating access to buildings or transportation. Widespread 
societal discrimination remained against persons with disabilities, 
particularly mental disabilities, resulting in a lack of acceptance 
into mainstream society. government-run treatment centers for persons 
with disabilities, especially children, were poor.
    Statistics regarding the practical implementation of the employment 
laws were unavailable; however, on April 14, the deputy of the 
employment force district in Sohag stated that most employers did not 
comply with the governorate's orders to implement the right of 
employment for persons with disabilities.
    The Ministry of Education and the Ministry of Social Solidarity 
share responsibility for protecting rights of persons with 
disabilities. Persons with disabilities rode government-owned mass 
transit buses free of charge, received expeditious approval for the 
installation of new telephone landlines, and received reductions on 
customs duties for specially equipped private vehicles to accommodate 
disabled drivers.
    The Government worked closely with UN agencies and other 
international aid donors to design job-training programs for persons 
with disabilities.

    Other Societal Abuses and Discrimination.--Although the law does 
not explicitly criminalize homosexual acts, police targeted homosexuals 
and persons with HIV/AIDS, leading to arrests on charges of 
``debauchery.'' Authorities also reportedly forced individuals in 
detention to undergo HIV tests and conducted abusive anal examinations. 
Homosexuals and persons with HIV/AIDS faced significant social stigma 
in society and in the workplace.
Section 6. Worker Rights
    a. The Right of Association.--There are no legal obstacles to 
establishing private sector labor unions, although such unions were 
uncommon. Workers may join trade unions but are not required to do so. 
Workers are able to form a local union or workers' committee if at 
least 50 employees express a desire to organize. Local unions can only 
operate if they affiliate with one of the 23 existing trade unions that 
operate with government authorization. The Government requires all 23 
trade unions to belong to the Egyptian Trade Union Federation (ETUF), 
the sole legally recognized labor federation. ETUF controlled 
nomination and election procedures for trade union officers and 
permitted public authorities to intervene in union financial 
activities.
    State-owned enterprises employed most union members, who made up 
approximately one-quarter of the labor force.
    On December 20, civil service tax collectors established the 
country's first independent trade union since the creation of ETUF in 
1957. According to the Land Center for Human Rights (LCHR), ETUF has 
about 4.5 million registered workers, fewer than 20 percent of whom 
work in agriculture.
    The 2003 Unified Labor Law permits peaceful strikes, but only after 
an extended negotiation process and provided the strike is announced in 
advance and organized by the trade union to defend vocational, 
economic, or social interests. In practice, strikes are rarely, if 
ever, approved. To call a strike, the trade union must notify the 
employer and concerned administrative authority at least 10 days in 
advance, giving the reason for the strike and the date it would 
commence. Prior to this formal notification, a two-thirds majority of 
the ETUF board of directors must approve the strike action. The law 
prohibits strikes while collective bargaining agreements are in force 
or during the mediation and arbitration process. The law also prohibits 
strikes in a lengthy list of ``strategic or vital'' entities in which 
the interruption of work could result in a disturbance of national 
security or basic services.
    There were no formal, authorized strikes during the year; however, 
numerous illegal strikes and related actions took place, with 
complaints encompassing fears over privatization and job losses, 
demands for payment of promised incentives and bonuses, and issues 
related to health insurance and medical treatment. According to a Sons 
of Land Center report, between January and July workers initiated 118 
sit-in protests, 68 strikes, 48 demonstrations, and five protests. 
Strikes were largely peaceful despite the often heavy government 
security presence at the larger strikes. The majority of high-profile 
strikes occurred in the textile industry.
    On April 6, police occupied the state-owned Misr Helwan Spinning 
and Weaving Company and prevented 27,000 employees from gathering at 
the end of their shifts for a strike against low wages. Police later 
clashed with 2,000 protesters in the Mahalla al Kubra town square, 
killing four protesters and detaining at least 50, some of whom were 
abused.
    On April 14, 3,000 workers from the Alexandria Spinning and Weaving 
Company initiated a strike to demand the 15-day bonus Prime Minister 
Ahmed Nazif had called for earlier in the month. Workers conducted a 
sit-in outside the headquarters with their families for one week. 
Employers partially accepted their demands.
    On May 25, 6,000 Amereya textile workers initiated an open strike 
after their company completed the previously determined one-month 
period for the company to answer demands for a bonus and meal 
compensation. Security forces surrounded the building on the second day 
of the strike and prevented participants from entering the building, 
even for food or drinks. On the third day, 1,500 workers tried to enter 
the headquarters. Security forces tried to prevent them but the workers 
made it inside. There were no reported injuries. On the sixth day of 
the strike, a compromise granted protesters half of their demands.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining; however, the law requires 
tripartite negotiations--employer, workers, and government--and the 
Government is heavily involved in any negotiations.
    On June 22, in response to a January Supreme Constitutional Court 
decision, an amended labor law took effect, reestablishing labor courts 
as the primary vehicle for labor dispute resolution and doing away with 
special ``pentagonal committees,'' which were formerly responsible for 
resolving disputes.
    The law does not permit antiunion discrimination, and there were no 
reports of attempted discrimination.
    Labor law and practice were the same in the six existing export 
processing zones (EPZs) as in the rest of the country.

    c. Prohibition of Forced or Compulsory Labor.--The constitution and 
law prohibit forced or compulsory labor, including by children. Such 
practices were reportedly rare. There were NGO reports that women were 
sexually exploited through ``temporary marriages'' to tourists from the 
Gulf.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits children younger than 14 to work in most sectors. The law 
limits the type and conditions of work that children younger than 18 
may perform. In nonagricultural work, the minimum age for employment is 
14 if the child has completed basic education, which is offered until 
age 15. Provincial governors, with the approval of the minister of 
education, may authorize seasonal work for children between the ages of 
12 and 14, provided that duties are not hazardous and do not interfere 
with schooling. Children are prohibited from working for more than six 
hours per day, and one or more breaks totaling at least one hour must 
be included. Several other restrictions apply to children: they may not 
work overtime, during their weekly day(s) off, between 7 p.m. and 7 
a.m., or on official holidays. Children are also prohibited from 
working for more than four continuous hours. Children under 16 are 
prohibited from working in 44 hazardous industries, including 
agricultural work involving the use of pesticides.
    On March 13, NCCM Secretary-General Mushira Khattab spoke to Al 
Ahram Weekly about the child law amendments, calling the new penalties 
for child labor exploitation ``relatively severe.'' A person convicted 
of forcing children below the minimum age into work faces a prison 
sentences of between three and six months. MOMM, working with the NCCM 
and the MOI, generally enforced these regulations in state-owned 
enterprises, but enforcement in the informal sector was lax. Employers 
continued to abuse, overwork, and generally endanger many working 
children. NGOs estimated that as many as 2.7 million children worked, 
78 percent in agriculture. Children also worked in light industry, on 
construction sites, and in service businesses such as auto repair 
shops. Press reports continued to focus attention on the estimated 
2,000-3,000 children working in stone quarries in Minya and hundreds of 
children working in small brick factories in the Arab Jbour area. 
According to credible NGO reports, street children in Egypt are at risk 
of being sexually exploited or forced to panhandle.
    Enforcement of child labor laws remained spotty, and when offenders 
were prosecuted, the fines imposed were often as small as LE 500 
(approximately $90) and thus had questionable deterrent effects. The 
Government made progress toward eliminating the worst forms of child 
labor, pursuant to the UN Convention on the Rights of the Child (CRC); 
however, many challenges remain. The NCCM continues working with the 
MOMM, ETUF, ILO, World Food Program, UNICEF, and government ministries 
to formulate a national strategy to combat child labor and eliminate 
the worst forms of child labor; police officers trained on children's 
rights and working with juveniles coordinated with the Ministry of 
Education to incorporate study of the CRC into curricula and to set up 
social and economic projects in several governorates to transfer 
working children into non-hazardous activities. NCCM also worked during 
the year to provide working children with social security safeguards 
and reduce school dropout rates by providing their families with 
alternative sources of income.
    In practice, however, these programs experienced obstacles. 
According to the June 28 issue of Al Masry Al Youm daily newspaper, 
NCCM noted it had made a mistake in the planning and implementation of 
its project for combating child labor and school dropout rates. NCCM 
stated that the project lacked complete coordination with the Ministry 
of Education.
    The Government's campaign to increase public awareness of child 
labor issues was highlighted by workshops and conferences throughout 
the year. Many of these efforts were characterized by high-level 
government involvement. On June 25, Suzanne Mubarak, first lady and 
NCCM President, led a conference on how best to address the economic 
cost of curbing child labor.

    e. Acceptable Conditions of Work.--The Government did not set a 
formal private sector minimum wage, although general public sector 
compensation practices, including a public sector minimum wage, were 
followed. The public sector minimum wage frequently did not provide a 
decent standard of living for a worker and family; however, base pay 
commonly was supplemented by a complex system of fringe benefits and 
bonuses that may double or triple a worker's take-home pay.
    The National Council of Wages determined working hours for 
government and public sector employees, but there were no standards for 
the private sector. The law stipulates that the maximum work week is 48 
hours. Most private sector employees work five days per week, usually 
Sunday to Thursday.
    Overtime for hours worked beyond 36 hours per week is payable at 
the rate of 35 percent extra for daylight hours and 70 percent extra 
for work performed at night. The premium for work on rest days is 100 
percent and workers should receive 200 percent for work on national 
holidays. The labor law permits overtime work in limited circumstances.
    The Ministry of Labor sets and enforces worker health and safety 
standards, which also apply in the EPZs; enforcement and inspections 
were uneven. The law prohibits employers from maintaining hazardous 
working conditions, and workers have the right to remove themselves 
from hazardous conditions without risking loss of employment.
    There were occasional reports of employer abuse of undocumented 
workers, especially domestic workers. A few private sector employers 
were prosecuted during the year for abuse of domestic workers, but many 
claims of abuse were unsubstantiated because undocumented workers were 
reluctant to make their identities public.

                               __________

                                  IRAN

    The Islamic Republic of Iran,\1\ with a population of approximately 
70 million, is a constitutional, theocratic republic in which Shia 
Muslim clergy dominate the key power structures. Government legitimacy 
is based on the twin pillars of popular sovereignty--albeit 
restricted--and the rule of the Supreme Leader of the Islamic 
Revolution. The current supreme leader, Ayatollah Ali Khamenei, was not 
directly elected but chosen by a directly elected body of religious 
leaders, the Assembly of Experts, in 1989. Khamenei's writ dominated 
the legislative, executive, and judicial branches of government. He 
directly controlled the armed forces and indirectly controlled the 
internal security forces, the judiciary, and other key institutions. 
The legislative branch is the popularly elected 290-seat Islamic 
Consultative Assembly, or Majles. An unelected 12-member Guardian 
Council reviewed all legislation passed by the Majles for adherence to 
Islamic and constitutional principles and also screened Presidential 
and Majles candidates for eligibility. In 2005 hardline conservative 
Mahmoud Ahmadi-Nejad won the presidency in an election widely viewed by 
the international community as neither free nor fair. Civilian 
authorities did not fully maintain effective control of security 
forces.
---------------------------------------------------------------------------
    \1\ The United States does not have an embassy in Iran. This report 
draws heavily on non-U.S. Government sources.
---------------------------------------------------------------------------
    The Government's poor human rights record worsened, and it 
continued to commit numerous serious abuses. The Government severely 
limited citizens' right to change their government peacefully through 
free and fair elections. The Government executed numerous persons for 
criminal convictions as juveniles and after unfair trials. Security 
forces were implicated in custodial deaths and committed other acts of 
politically motivated violence, including torture. The Government 
administered severe officially sanctioned punishments, including death 
by stoning, amputation, and flogging. Vigilante groups with ties to the 
Government committed acts of violence. Prison conditions remained poor. 
Security forces arbitrarily arrested and detained individuals, often 
holding them incommunicado. Authorities held political prisoners and 
intensified a crackdown against women's rights reformers, ethnic 
minority rights activists, student activists, and religious minorities. 
There was a lack of judicial independence and fair public trials. The 
Government severely restricted civil liberties, including freedoms of 
speech, expression, assembly, association, movement, and privacy, and 
it placed severe restrictions on freedom of religion. Official 
corruption and a lack of government transparency persisted. Violence 
and legal and societal discrimination against women, ethnic and 
religious minorities, and homosexuals; trafficking in persons; and 
incitement to anti-Semitism remained problems. The Government severely 
restricted workers' rights, including freedom of association and the 
right to organize and bargain collectively, and arrested numerous union 
organizers. Child labor remained a serious problem. On December 18, for 
the sixth consecutive year, the UN General Assembly (UNGA) adopted a 
resolution on Iran expressing ``deep concern at ongoing systematic 
violations of human rights.''
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were reports 
that the Government and its agents committed arbitrary or unlawful 
killings.
    On January 6, security forces arrested Kurdish-Iranian student 
Ebrahim Lotfallahi as he left a university exam. According to a 
domestic human rights group, the revolutionary court in the province of 
Sanandaj had issued an arrest warrant, but Lotfallahi's family was not 
aware of the charges against him. Nine days later, the authorities 
notified Lotfallahi's family of his death and told them he had 
committed suicide in prison. Intelligence officials buried Lotfallahi 
in secret against the wishes of his family, who did not believe he had 
committed suicide. On February 9, the judiciary announced there would 
be no autopsy conducted on Lotfallahi, nor an investigation into his 
death. According to the domestic press, intelligence officials 
threatened to file charges against Lotfallahi's family for publicly 
questioning the suicide claim.
    On May 16, family members alleged that Kurdish political prisoner 
Kaveh Azizpour died in police custody due to torture, according to 
press reports. Authorities had arrested Azizpour in 2006 and charged 
him with supporting the banned Kurdish Democratic Party of Iran. 
Judiciary officials stated that 25-year-old Azizpour died as a result 
of a stroke, but family members argued that the stroke was caused by 
torture.
    On November 27, according to domestic human rights activists, 
security agents in Zahedan entered a private home and severely beat 
Bahman Rigi and a man identified only as ``Mohammad'' before taking 
them to an undisclosed location. Four days later, officials notified 
Mohammad's family that he had died in custody due to withdrawal from 
methamphetamines. Mohammad's family stated he did not have a history of 
drug use and that his body showed obvious signs of severe abuse such as 
a cranial fracture, bruises, and broken fingers. According to 
activists, authorities targeted Rigi and Mohammad because they were 
members of the Baluch ethnic group.
    On December 21, according to domestic press reports, Ali Sadeqi, a 
prisoner in Dastgerd Prison in Isfahan whom authorities arrested on 
charges of drug trafficking, allegedly died from torture while in 
custody.
    There were no updates in the May 2007 killing of 11-year-old Roya 
Sarani, reportedly by members of the Law Enforcement Forces (LEF). The 
Government did not investigate the incident.
    On February 26, judiciary officials reportedly agreed to exhume the 
body of Zahra Bani-Ameri (also known as Zahra Bani-Yagoub) at the 
request of her family to determine the cause of her death; by year's 
end this had not happened. In October 2007 Bani-Ameri, a 27-year-old 
female physician, died while in custody in the town of Hamedan. 
Security forces arrested her and her fiance in a public park on charges 
of having an ``illegal relationship.'' The next day, officals informed 
her family that she committed suicide while in detention.
    According to international press reports, authorities executed 
approximately 240 individuals during the year following unfair trials 
(trials conducted in secret or without adhering to basic principles of 
due process). Exiles and human rights monitors alleged that many 
persons supposedly executed for criminal offenses, such as narcotics 
trafficking, were political dissidents. The law criminalized dissent 
and applied the death penalty to offenses such as apostasy (conversion 
from Islam), ``attempts against the security of the state,'' ``outrage 
against high-ranking officials,'' and ``insults against the memory of 
Imam Khomeini and against the Supreme Leader of the Islamic Republic.''
    On August 4, authorities in Zahedan executed journalist and 
education activist Yaghoob Mirnehad after a secret trial in which he 
was accused of ties to the militant group People's Resistance Movement 
of Iran (formerly Jundallah). Human rights organizations believe 
Mirnehad, an ethnic Baluch, was targeted because he criticized local 
government officials in Sistan va Baluchistan province.
    Public executions continued throughout the year despite the 
judiciary chief's January 30 directive banning them (except in cases he 
approved). On July 10, officials in Bushehr province hanged four men in 
a public square in Borazjan. On July 14, a government-owned radio 
station reported that six men were publicly hanged in Khorasan 
province. The report did not identify the men by name and provided no 
details of the charges against them.
    The Government executed minors and juvenile offenders despite an 
October 15 judicial directive banning the practice. Three days after 
the prohibition was announced, Hussein Sebhi, deputy for judicial 
affairs to the prosecutor general, told the press the ban applied only 
to narcotics cases and judges did not have the authority to vacate the 
death penalty in murder cases. On September 2, UN Commissioner for 
Human Rights Navi Pillay called on the Government to end the practice 
of juvenile executions. According to press reports, authorities 
executed at least eight juvenile offenders during the year, and 
approximately 130 remained on death row at year's end.
    For example, on June 10, authorities in Sanandaj executed 16-year-
old Mohammed Hassanzadeh for his alleged role in the death of another 
youth. Hassanzadeh was 14 at the time of the incident.
    On August 19, authorities in Isfahan hanged 20-year-old Seyyed Reza 
Hejazi for his alleged role in the death of a man during a fight 
involving several others. Hejazi, who was 15 at the time, insisted he 
did not intend to kill the man. According to human rights 
organizations, authorities failed to give Hejazi's lawyer 48 hours' 
notice of the pending execution as required by law.
    During the year, the Government did not investigate allegations 
from human rights groups that authorities in the southeastern province 
of Sistan va Baluchistan executed at least 50 detainees in 2007 after 
reportedly unfair trials for attacks against government officials.
    In January 2007 three UN independent experts released a joint 
statement calling on the Government to halt the imminent executions of 
seven Ahvazi Arabs--Ghasem Salami, Mohammad Lazem Kaabpour, Abdolamir 
Farjolah Kaab, Alireza Asakereh, Majad Albughbish, Adolreza Sanawati 
and Khalaf Dohrab Khanafereh--after unfair trials in Khuzestan 
province. The status of these individuals was unknown at year's end. On 
January 29, officials executed Ahvazi activist Zamel Bawi without 
providing his lawyer 48 hours' notice, as required by law.
    Adultery remained punishable by death by stoning. On July 20, the 
international press reported that courts sentenced eight women and one 
man to death by stoning for adultery and sex-related offenses. On 
August 5, judiciary spokesman Ali Reza Jamshidi announced that the 
Government had suspended several stoning sentences and commuted four to 
lashings or prison terms. However, according to domestic human rights 
activists, on December 25, officials in Mashhad executed two men by 
stoning, including Houshang Koudadadeh, who was convicted of rape and 
adultery. A third convicted man, identified only as Mahmoud G., escaped 
during the stoning.
    On January 14, according to domestic press reports, the case of the 
2003 death of Zahra Kazemi, a dual Iranial-Canadian citizen, was 
returned to the public prosecutor's office and the Tehran appeals court 
to be reinvestigated. This action followed the Supreme Court's December 
2007 annulment of the original verdict of the primary court. Kazemi, a 
photojournalist arrested for taking pictures outside Tehran's Evin 
Prison during a student-led protest, died in custody in 2003 after 
security forces tortured her. Authorities admitted she died as a result 
of a blow to the head but claimed the death was ``unintentional,'' and 
acquitted an intelligence officer in 2004.

    b. Disappearance.--There were reports of politically motivated 
abductions during the year. Plainclothes officers or security officials 
often seized journalists and activists without warning and held them in 
incommunicado detention for several days before permitting them to 
contact family members. Families of executed prisoners did not always 
receive notification of their deaths.
    In January Sunni cleric Ayoub Ganji disappeared after delivering a 
Friday sermon in Sanandaj in which he criticized the Government's 
exclusion of candidates in the Majles elections, as well as the 
custodial death of Ebrahim Lotfallahi. After two weeks, an unmarked car 
dropped Ganji off in Sanandaj; supporters had threatened to hold mass 
protests over his disappearance. According to Human Rights Watch (HRW), 
Ganji was in poor physical condition and suffered from hallucinations 
and amnesia.
    The Iranial-American Jewish Federation reported that 11 Jewish men 
who disappeared in 1994 and 1997 remained missing. In 2007 witnesses 
claimed they saw some of the men in Evin Prison.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit torture; however, there 
were numerous credible reports that security forces and prison 
personnel tortured detainees and prisoners.
    Common methods of torture and abuse in prisons included prolonged 
solitary confinement with sensory deprivation, beatings, long 
confinement in contorted positions, kicking detainees with military 
boots, hanging detainees by the arms and legs, threats of execution, 
burning with cigarettes, sleep deprivation, and severe and repeated 
beatings with cables or other instruments on the back and on the soles 
of the feet. Prisoners also reported beatings on the ears, inducing 
partial or complete deafness; punching the area around the eyes, 
leading to partial or complete blindness; and the use of poison to 
induce illness. According to HRW, student activists were particularly 
likely to be subjected to torture and abuse.
    In March 30-year-old student activist Ahmad Batebi fled the 
country; authorities had permitted him to leave Evin Prison temporarily 
for medical treatment related to a partial stroke. Batebi, whose death 
sentence for his involvement in a 1999 student protest was commuted to 
15 years in prison, stated prison and security officials thrashed him 
with a metal cable, beat his testicles, kicked in his teeth, and forced 
his face into a pool of excrement. Batebi stated authorities often tied 
him to a chair and kept him awake for multiple days and nights, cutting 
him and rubbing salt into the wounds.
    In October Peyman Fatahi was hospitalized after security officials 
reportedly beat him severely after summoning him for questioning 
related to his association with a group known as the ``Ale-Yasin 
community.'' Authorities first arrested Fatahi in June 2007 and 
conditionally released him after holding him for six months in Evin 
Prison on charges of ``acting against national security.'' Group 
members alleged that he was also severely beaten during his 2007 
imprisonment.
    In January 2007 former political prisoner Kianush Sanjari alleged 
that he was subjected to ``white torture'' for extended periods of time 
while detained at Evin Prison in late 2006. This is a form of extreme 
sensory deprivation in which prisoners are not shown colors and are 
held in complete silence (solitary confinement). According to 
activists, this kind of torture leaves no physical trace, but instead 
attempts to crush the prisoner psychologically.
    In July 2007 the families of three student activists arrested in 
May and June 2007 sent an open letter to the judiciary chief alleging 
that security forces tortured their sons in Evin Prison where they 
remained in solitary cells during the year. Although the judiciary 
chief reportedly ordered an investigation into the allegations, 
according to human rights activists, the results of the investigation 
were not released to the public.
    On April 10, HRW called for the Government to investigate 
allegations of torture of activists Behrooz Karimizadh, Peyman Piran, 
Ali Kantouri and Majid Pourmajid, members of the organization Students 
Seeking Freedom and Equality whom authorities arrested in December 
2007.
    Some judicially sanctioned corporal punishments constituted cruel 
and inhuman punishment, including amputation for multiple theft 
offenses and lashings and execution by stoning for adultery. In January 
authorities in Sistan va Baluchistan province amputated the right hands 
and left feet of five men convicted of armed robbery and kidnapping. On 
December 15, according to domestic press reports, prison authorities 
amputated the hand of a man convicted of robbery. Also in December a 
court sentenced a man to be blinded with battery acid after the man was 
convicted of doing the same to a woman who had declined his marriage 
proposals. The sentence had not been carried out by year's end.
    During the year the Government did not initiate any investigations 
into reports of torture or punish those believed to be responsible.

    Prison and Detention Center Conditions.--Prison conditions were 
poor. Many prisoners were held in solitary confinement or denied 
adequate food or medical care as a way to force confessions. 
Overcrowding was a significant problem. In September the UK-based 
International Center for Prison Studies reported that more than 150,000 
prisoners occupied facilities constructed to hold a maximum of 65,000 
persons. Numerous prisoners complained that authorities intentionally 
exposed them to extreme cold for prolonged periods.
    Some prison facilities, including Evin Prison, were notorious for 
cruel and prolonged torture of political opponents of the Government. 
Authorities also maintained ``unofficial'' secret prisons and detention 
centers outside the national prison system, where abuse reportedly 
occurred.
    Human rights activists and international press reported cases of 
political prisoners confined in the same wing as violent felons. In 
December journalist Shahnaz Gholami, imprisoned for ``jeopardizing 
national security,'' began a hunger strike to protest being held in a 
ward with convicted murderers and drug dealers. There were also reports 
of juvenile offenders detained with adult offenders. Pretrial detainees 
occasionally were held with convicted prisoners.
    The Government did not permit independent monitoring of prison 
conditions by any outside groups, including the International Committee 
of the Red Cross (ICRC). In September 2007 the Government granted 
foreign journalists a tour of Evin Prison for the second time in two 
years. According to Agence France-Presse (AFP), during the visit the 
director of Tehran prisons, Sohrab Soleimani, denied that there were 
political prisoners in Evin Prison but told the journalists there were 
15 prisoners in Evin on ``security'' charges.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, these practices remained 
common.

    Role of the Police and Security Apparatus.--Several agencies share 
responsibility for law enforcement and maintaining order, including the 
Ministry of Intelligence and Security (MOIS), the LEF under the 
Interior Ministry, and the Iran Revolutionary Guard Corps (IRGC). The 
Basij and various informal groups known as the ``Ansal-e Hizballah'' 
(Helpers of the Party of God) were aligned with extreme conservative 
members of the leadership and acted as vigilantes.
    Corruption and impunity were problems. The regular and paramilitary 
security forces both committed numerous, serious human rights abuses, 
but there were no transparent mechanisms to investigate security force 
abuses and no reports of government actions to reform them.

    Arrest and Detention.--The constitution and penal code require 
warrants or subpoenas for arrests and state that arrested persons must 
be informed of charges within 24 hours; however, these safeguards 
rarely occurred in practice. Detainees often went weeks or months 
without charges or trial, and authorities held detainees incommunicado, 
frequently denying them prompt contact with family or timely access to 
legal representation. In practice there was neither a legal time limit 
for incommunicado detention nor any judicial means to determine the 
legality of the detention. According to the law, the state is obligated 
to provide indigent defendants with attorneys only for certain types of 
crimes. The courts set bail at prohibitively high levels, even for 
lesser crimes. Detainees and their families were often compelled to 
submit property deeds to post bail. Prisoners released on bail did not 
always know how long their property would be retained or when their 
trials would be held.
    There were numerous reports of arbitrary and false arrests during 
the year.
    On February 21, authorities arrested Ebrahim Mirnehad, the brother 
of journalist Yaghoob Mirnehad, executed on August 4 for alleged ties 
to separatists. Security agents also reportedly arrested his companion, 
Fazlorahman Jahras. On September 16, a court in Zahedan sentenced 
Mirnehad to five years' imprisonment on charges of ``acting against 
national security'' and ``spreading propaganda.'' According to Amnesty 
International (AI), these charges related to his public condemnation of 
the death sentence imposed on his brother. Authorities reportedly did 
not grant Mirnehad access to a lawyer and tortured him in custody. 
Authorities released Jahras.
    Adherents of the Baha'i faith continued to face arbitrary arrest 
and detention. In March and May intelligence agents arrested all seven 
members of the Baha'i national leadership body and held them in 
incommunicado detention. On November 26, authorities extended the 
detention orders for all seven prisoners by an additional two months. 
At year's end charges had not been filed against the group.
    In late June security agents seized brothers Arash and Kamiar Alaei 
from their mother's home in Tehran. The two physicians, both 
internationally known HIV/AIDS experts, were held incommunicado in Evin 
Prison. On December 31, prosecutors in a revolutionary court began to 
try the brothers for ``communicating with an enemy government,'' a 
crime which carries a sentence of up to 10 years' imprisonment. 
According to the doctors' attorney, the Government also made secret 
charges against the brothers. Neither the brothers nor their attorney 
were informed of the charges, or provided a chance to defend themselves 
against them. At the end of the year, the Alaeis remained in Evin 
Prison, and authorities did not allow them to post bail.
    In August authorities arrested university professor Mehdi Zakerian 
for offenses related to national security, including espionage, 
according to reports from his family. AI speculated that Zakerian's 
arrest may have been related to his plans to leave the country for a 
job at a foreign university. After an October 7 meeting with him 
supervised by security agents, members of Zakerian's family expressed 
concern that he might have been tortured in prison. Authorities 
released Zakerian from detention in mid-October.
    In early December, three men claiming to be security officers 
detained and interrogated an American academic for unspecified reasons 
on two separate occasions for a total of nine hours in his hotel room. 
The men threatened to prevent the American, traveling in the country as 
part of a science exchange program, from leaving the country.
    During the year and in 2007 security forces separately arrested 
several Iranial-American activists and academics on charges of 
espionage and ``acting against national security.'' Prison authorities 
subjected the individuals to harsh interrogation techniques and 
solitary confinement and in most cases kept them in prison for several 
months.
    During the year, authorities released Somaye Bayanat, ex-wife of 
former political prisoner Ahmed Batebi. Bayanat, a dentist, had been 
detained on charges of forging medical documents and performing illegal 
abortions since her arrest by plainclothes security forces in February 
2007.
    Pretrial detention often and arbitrarily was lengthy, particularly 
in cases in which violations of national security laws were alleged. Of 
the prisoners held in state prison facilities, reportedly about one-
quarter were pretrial detainees.
    In recent years the Government used house arrest to restrict the 
movements and communications of senior Shia religious leaders whose 
views regarding political and governance issues were at variance with 
the ruling orthodoxy; however, there were no new instances of this 
practice publicly reported during the year.

    e. Denial of Fair Public Trial.--The constitution provides that the 
judiciary is ``an independent power"; in practice the court system was 
corrupt and subject to government and religious influence. After the 
1979 revolution, the judicial system was revised to conform to an 
Islamic canon based on the Koran, ``Sunna'' (the traditions of the 
Prophet), and other Islamic sources. The constitution provides that the 
head of the judiciary shall be a cleric chosen by the supreme leader. 
The head of the Supreme Court and prosecutor general also must be 
clerics. Women continued to be barred from serving as certain types of 
judges.
    There are several court systems. The two most active are 
traditional courts, which adjudicate civil and criminal offenses, and 
Islamic revolutionary courts. The latter try offenses viewed as 
potentially threatening to the Islamic Republic, including threats to 
internal or external security, narcotics and economic crimes, and 
official corruption. A special clerical court examines alleged 
transgressions within the clerical establishment, and a military court 
investigates crimes connected with military or security duties. A press 
court hears complaints against publishers, editors, and writers. The 
Supreme Court has review authority over some cases, including appeals 
of death sentences.

    Trial Procedures.--Many aspects of the prerevolutionary judicial 
system survive in the civil and criminal courts. For example, according 
to the constitution and the criminal procedure code, a defendant has 
the right to a public trial, presumption of innocence, a lawyer of his 
or her choice, and the right of appeal in most cases involving major 
penalties. However, these rights were not respected in practice. Panels 
of judges adjudicate trials. There is no jury system in the civil and 
criminal courts. In the press court, a council of 11 persons 
specifically selected by the court adjudicates the case. Defendants did 
not have the right to confront their accusers, and were not granted 
access to government-held evidence.
    UN representatives, including UN special representatives (UNSRs) 
and the UN Working Group on Arbitrary Detention, as well as independent 
human rights organizations, noted the absence of procedural safeguards 
in criminal trials. Numerous human rights groups condemned trials in 
the revolutionary courts for disregarding international standards of 
fairness. Revolutionary court judges were chosen in part due to their 
ideological commitment to the system. Authorities often charged 
individuals with undefined crimes, such as ``antirevolutionary 
behavior,'' ``moral corruption,'' and ``siding with global arrogance.'' 
If postrevolutionary statutes did not address a situation, the 
Government advised judges to give precedence to their knowledge and 
interpretation of Islamic law. Secret or summary trials of only five 
minutes' duration occurred frequently. Other trials were deliberately 
designed to publicize a coerced confession.
    The legitimacy of the special clerical court system continued to be 
subject to debate. The clerical courts, which investigate offenses and 
crimes committed by clerics and which are overseen directly by the 
supreme leader, are not provided for in the constitution and operated 
outside the domain of the judiciary. According to a 2007 AI report, 
defendants could only be represented by court-nominated clerics who are 
not required to be legally qualified. AI reported that in some cases 
the defendant was unable to find a person among the nominated clerics 
willing to act as defense counsel and was tried without legal 
representation. Critics alleged clerical courts were used to prosecute 
clerics for expressing controversial ideas and participating in 
activities outside the sphere of religion, such as journalism or 
reformist political activities.

    Political Prisoners and Detainees.--Exact data regarding the number 
of citizens imprisoned for their political beliefs were not available; 
however, human rights activists estimated the number in the hundreds. 
Although there were few details, the Government arrested, convicted, 
and executed persons on questionable criminal charges, including drug 
trafficking, when their actual ``offenses'' were political. The 
Government charged members of religious minorities with crimes such as 
``confronting the regime'' and apostasy, and conducted trials in these 
cases in the same manner as it would treat threats to national 
security.
    Authorities occasionally gave political prisoners suspended 
sentences or released them for short or extended furloughs prior to 
completion of their sentences, but they could be ordered back to prison 
at any time. These suspended sentences often were used to silence and 
intimidate individuals. The Government also controlled political 
activists by holding a file in the courts that could be opened at any 
time and attempted to intimidate the activists by calling them in 
repeatedly for questioning. Numerous observers considered Tehran public 
prosecutor Saeed Mortazavi the most notorious persecutor of political 
dissidents and critics.
    Authorities routinely held political prisoners in solitary 
confinement for extended periods of time and denied them due process 
and access to legal representation. Political prisoners were also at 
greater risk of torture and abuse while in detention. The Government 
did not permit access to political prisoners by international 
humanitarian organizations.
    The Government reportedly held some persons in prison for years 
under charges of sympathizing with outlawed groups, such as the 
terrorist organization Mujahedin-e-Khalq (MEK).
    On January 14, police arrested writer and student leader Amin 
Ghazain Tehran along with 14 other students. At year's end, according 
to AI, authorities reportedly held him in solitary confinement in Evin 
Prison without charge or trial despite several health problems. 
Authorities reportedly tortured him and denied him access to family or 
counsel.
    On July 19, a court sentenced political prisoner Behrouz Javid-
Tehrani, first arrested during the 1999 student uprising, to three more 
years in prison following a secret trial in which he did not have legal 
representation. According to human rights organizations, he was 
convicted of having contact with foreign opposition groups. At the time 
of the most recent conviction, Javid-Tehrani was in solitary 
confinement in Gohardasht Prison in Karaj. Javid-Tehrani alleged 
security agents severely tortured him on numerous occasions while he 
was incarcerated.
    On February 27, authorities released Azeri cultural and linguistic 
rights activist Jelil Ghanilou after he posted bail of 860 million 
rials (approximately $86,000). Ghanilou claimed he faced torture and 
constant interrogation after his February 2007 arrest. He was neither 
charged nor given access to legal representation. AI considered 
Ghanilou a ``prisoner of conscience,'' detained solely because of the 
peaceful exercise of his right to freedom of expression in connection 
with his participation in International Mother Language Day. 
Authorities released him on bail but rearrested him in May 2007 
following demonstrations marking the anniversary of the 2006 
publication of a cartoon many Iranian Azeri activists considered 
offensive.
    On May 11, a revolutionary court sentenced Azeri human rights 
lawyer Saleh Kamrani to a five-year suspended sentence after charging 
him with ``publicity against the Islamic Republic.'' In August 2007 
security forces detained Kamrani and did not inform his family of his 
whereabouts for several days. Authorities released him in December 2007 
after he paid approximately 1.5 billion rials (approximately $150,000) 
in bail.
    On July 12, a Tehran revolutionary court upheld an eight-year 
prison sentence against political activist Abbas Khorsandi for ``acting 
against national security through formation of an illegal 
association.'' According to human rights groups, Khorsandi founded the 
Iran Democratic Party, an Internet forum for political debate. Security 
forces arrested him at his shop in Tehran province in September 2007 
and held him incommunicado for three months. At year's end Khorsandi 
remained in Evin Prison and was reportedly not allowed to see a doctor 
despite being in ill health.
    On April 7, Hadi Qabel, a reformist cleric and member of the 
reformist political group Islamic Iran Participation Front, began a 40-
month term in prison for acting against national security, propaganda 
against the state, and disturbing public opinion. Qabel, who was tried 
by the special court for the clergy, also was defrocked. After his 
initial arrest in September 2007, more than 580 activists and academics 
released a statement calling for Qabel's release. According to press 
descriptions, the statement called Qabel's arrest and others an attempt 
by the Government to create a ``suffocating environment'' in advance of 
the 2008 Majles elections.
    On October 5, authorities officially released journalist and human 
rights lawyer Emadoldin Baghi, head of the Society for the Defense of 
Prisoners' Rights, three days before the end of the one-year sentence 
he was serving. Officials provisionally released Baghi on September 15 
to seek treatment for severe health problems he developed while in 
custody. In July 2007 a revolutionary court convicted Baghi of 
``activities against national security'' and ``publicity in favor of 
the regime's opponents'' for his public criticism of the death 
sentences imposed on several Iranian Arabs in 2005. The court also 
reportedly sentenced Baghi's wife and daughter to three years in 
prison, suspended in favor of five years' probation for ``assembly and 
collusion with the aim of committing offenses against the country's 
national security.'' While serving his prison sentence, prosecutors 
brought new charges against Baghi related to his criticism of the 
treatment of imprisoned human rights activist Sayed Ali Akbar Mousavi-
Kho'ini. At year's end these charges were pending.
    On November 8, according to press reports, authorities rearrested 
Ali Nikunesbati, spokesman for the student group Office for 
Consolidating Unity. Nikunesbati's father said security agents also 
confiscated his computer and personal documents from his home. In 2007 
security forces detained Nikunesbati twice for his role in student 
protests.
    In November supporters of dissident cleric Ayatollah Mohammad 
Kazemeini Boroujerdi reported that prison authorities severely beat him 
and moved him from Evin Prison to an undisclosed location despite 
appeals for release on medical grounds. Police arrested Boroujerdi at 
his home in 2006, reportedly after he had come under increased pressure 
from the Government for his belief that religion and the state should 
be separated. Boroujerdi has been arrested and imprisoned several times 
since 1992 and claimed he was tortured and threatened with execution. 
In October authorities also rearrested nine of 70 of his followers who 
were originally arrested in late 2006 and released in 2007.
    On October 29, authorities released Azeri activist Abbas Lisani 
after he completed two consecutive sentences totaling 30 months in 
prison for participation in two demonstrations. According to AI, 
security agents interrogated Lisani for 10 hours in early October about 
his post-release plans, and the Ardebil general prosecutor personally 
threatened Lisani and his family.

    Civil Judicial Procedures and Remedies.--By law, the judiciary was 
independent from the executive and legislative branches; in practice it 
remained under the influence of executive and religious government 
authorities. According to the constitution, under the supervision of 
the head of the judiciary, the Court of Administrative Justice 
investigates the grievances of citizens with regard to government 
officials, organs, and statutes. In practice, citizens' ability to sue 
the Government was limited. It appeared that citizens were not able to 
bring lawsuits against the Government for civil or human rights 
violations. Dispute resolution councils are available to settle minor 
civil and criminal cases through mediation before referral to courts.

    Property Restitution.--The constitution allows the Government to 
confiscate property acquired either illicitly or in a manner not in 
conformance with Islamic law. The UNSR on adequate housing noted 
religious minorities, including members of the Baha'i faith, were 
particularly targeted. The UNSR's 2006 report noted the ``abusive use 
of (the law) is seen as an instrument for confiscating property of 
individuals as a form of retribution for their political and/or 
religious beliefs.'' The report noted documentation of approximately 
640 Baha'i properties confiscated since 1980, instances of numerous 
undocumented cases, and court verdicts declaring confiscation of 
property from the ``evil sect of the Baha'i'' legally and religiously 
justifiable. Rights of members of the Baha'i faith were not recognized 
under the constitution, and they had no avenue to seek restitution of 
or compensation for confiscated property.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution states that ``reputation, life, 
property, (and) dwelling(s)'' are protected from trespass except as 
``provided by law"; however, the Government routinely infringed on 
these rights. Security forces monitored the social activities of 
citizens, entered homes and offices, monitored telephone conversations 
and Internet communications, and opened mail without court 
authorization. There were widespread reports that government agents 
entered, searched, or ransacked the homes and offices of reformist 
journalists in an attempt to intimidate them.
    Vigilante violence included attacking young persons considered too 
``un-Islamic'' in their dress or activities, invading private homes, 
abusing unmarried couples, and disrupting concerts. During the year, 
the Government continued its crackdown on ``un-Islamic dress'' or ``bad 
hijab'' (headcovering). According to press reports, morality police 
stopped or detained more than two million individuals during the year 
and in 2007 for ``inappropriate hairstyles'' or wearing headscarves 
that revealed too much hair. There were reports that police used force 
in these instances less frequently after an image of a girl's face 
covered in blood following a beating by police for un-Islamic dress was 
circulated widely in 2007. According to press reports, the Tehran 
police chief stated the girl had ``instigated the incident herself.'' 
In December, according to press reports, police in the northern city of 
Qaemshahr arrested 49 persons for ``appearing in public wearing satanic 
fashions and unsuitable clothing.''
    There were also reports during the year that the MOIS pressured 
families of political prisoners, banning them from speaking to foreign 
press and blocking their telephone conversations. Radio Free Europe 
journalist Parnaz Azima, sentenced in absentia in March to a one-year 
prison sentence for ``propaganda against the regime,'' stated the 
Government threatened to seize her 95-year-old mother's home if she did 
not return to the country to serve the sentence.
    Authorities entered homes to remove satellite TV dishes, although 
the majority of satellite dishes in individual homes reportedly 
continued to operate.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of expression and of the press, except when it is deemed 
``detrimental to the fundamental principles of Islam or the rights of 
the public.'' In practice the Government severely restricted freedom of 
speech and of the press. HRW reported that authorities ``systematically 
suppressed freedom of expression and opinion'' during the year. Basic 
legal safeguards for freedom of expression did not exist, and the 
independent press was subjected to arbitrary enforcement measures by 
the Government, notably the judiciary. Censorship, particularly self-
censorship, limited dissemination of information during the year. 
Journalists were frequently threatened as a consequence of their work.
    The Government continued to crack down on underground music groups 
(any group that fails to obtain a recording license from the Ministry 
of Culture and Islamic Guidance). In October, according to human rights 
activists, security forces arrested a group of rap musicians returning 
from a trip to Dubai. Eyewitnesses reported seeing them in Evin Prison. 
Rap music is forbidden in the country; according to the BBC, it is 
particularly popular among young men due to its political, social, and 
sexual lyrics.
    In December the Tehran prosecutor general announced the creation of 
a special office to review Internet and text message-related crimes 
associated with the June 2009 Presidential election.
    The country's media outlets were varied, including state-controlled 
television, radio, and print publications, as well as private 
newspapers and magazines that cover current affairs, politics, the 
arts, and sports. The Government closely monitored all media outlets, 
and private media lacked independence in practice. Press members who 
failed to abide by the Government's guidelines faced intimidation, 
arrest, or closure of their publications. As a result, the Government 
held significant influence over all media in the country. The 
Government's Press Supervisory Board (PSB) was responsible for issuing 
press licenses, which it sometimes revoked in response to critical 
articles, and for examining complaints filed against publications or 
individual journalists, editors, or publishers.
    International media did not operate freely; the Government required 
foreign correspondents to provide detailed travel plans and proposed 
stories before granting visas, and it closely monitored and attempted 
to influence reporting to garner more favorable coverage. Authorities 
did not renew the visa and residence permit for Robert Tait, a British 
correspondent for The Guardian, forcing Tait to leave the country on 
January 4. Tait had previously been ordered to leave the country in 
March 2007 but had successfully appealed the order. On July 22, 
authorities ordered AFP's Tehran bureau chief Stuart Williams to leave 
the country, despite Williams' possession of a valid resident's permit. 
This happened less than two weeks after the AFP reported that the 
Government doctored pictures of a recent missile test.
    The Government, through a state-controlled entity called the Voice 
and Vision Organization, directly controlled and maintained a monopoly 
over all television and radio broadcasting facilities; programming 
reflected the Government's political and socioreligious ideology. 
Because newspapers and other print media had limited circulation 
outside large cities, radio and television served as the principal news 
source for many citizens. Satellite dishes that received foreign 
television broadcasts were forbidden, and the Government periodically 
confiscated them from homes. Private broadcasting was illegal.
    The Government imposed significant restrictions on press outlets 
and banned or blocked some publications that were critical of the 
Government, including Zanan, Asr-e Panjshanbeh, Rah-e Ayandeh, Tehran 
Emrouz, Hamshahri, Sargarmi, and Sharvand-e Emrouz. The Government 
banned Kargozaran for publishing an excerpt from a statement by a 
student group that criticized Hamas actions during the crisis in Gaza. 
The closure of reformist newspapers led to unemployment among 
progressive journalists, effectively silencing them. On March 16, the 
PSB announced the closure of nine cinema and lifestyle magazines for 
publishing pictures and stories about the life of ``corrupt'' foreign 
film stars and promoting ``superstitions.'' On March 20, domestic press 
reported that the Government had banned 27 publications in 2007.
    The PSB referred complaints to the press court for further action, 
including closure. The court's hearings were conducted in public with a 
jury composed of appointed clerics, government officials, and editors 
of government-controlled newspapers. Public officials often lodged 
criminal complaints against reformist newspapers that led to their 
closure, along with fines for offending writers. Some human rights 
groups asserted that the increasingly conservative press court assumed 
responsibility for cases before PSB consideration.
    The press law forbids censorship but also forbids disseminating 
information that may damage the Islamic Republic or offend its leaders 
and religious authorities, and censorship occurred. Government 
officials also routinely intimidated journalists into practicing self-
censorship.
    On January 15, an Interior Ministry official told an Iranian 
Students News Agency reporter the media could not use the names of 
unauthorized political parties. In September 2007 the deputy interior 
minister announced that ``publications and other media outlets are 
forbidden from writing about parties or political groups that have not 
obtained a license.'' These actions followed other reports of 
government efforts to limit political debate and the spread of 
information in advance of the Majles elections.
    On April 26, Minister of Culture and Islamic Guidance Mohammad 
Hossein Saffal-Harandi told publishers and writers that they ``were 
aware of the vetting code, so (they should) censor pages which are 
likely to create a dispute'' and urged writers to observe the country's 
``religious, moral, and national sensitivities.''
    On September 30, according to a press report, former Deputy 
Interior Minister Mostafa Tajzadeh stated that the Government imposed 
censorship regarding the Government's nuclear policy ``to the greatest 
degree.''
    There were no updates to the July 2007 announcement by the head of 
the President's public relations office regarding the creation of a 
special team to confront publications critical of the Government.
    During the year, the Government detained, jailed, tortured, or 
fined numerous publishers, editors, and journalists (including Internet 
media) for their reporting. The penal code states that ``anyone who 
undertakes any form of propaganda against the state'' can be imprisoned 
as long as one year; the law does not define ``propaganda.'' The law 
also subjects writers to prosecution for instigating crimes against the 
state or national security or ``insulting'' Islam; the latter offense 
is punishable by death.
    On June 13, authorities reportedly arrested journalist Mahboubeh 
Karami after she criticized police for beating demonstrators. She was 
held on a charge of ``activity against national security'' in Evin 
Prison. Authorities released Mahboubeh on August 26 after she paid 
bail.
    On July 25, Intelligence Ministry officials arrested Kurdish 
journalist Saman Rasoulpour and detained him on charges of 
``distributing propaganda against the state.'' He was released on bail 
on August 13. Rasoulpour works for a domestic nongovernmental 
organization (NGO) and writes for the publication Rooz Online.
    On September 10, authorities arrested four Azeri journalists--
Alireza Safari, Said Mohamadi, Hossain Rashedi, and Akbar Azad--as they 
met with a political activist in Tehran. According to NGO reports, on 
September 17, a judge ordered they be detained without access to a 
lawyer and without informing their families of the charges against 
them. They were reportedly released on bail on November 11.
    On March 1, a Tehran court sentenced Radio Free Europe journalist 
Parnaz Azima in absentia to a one-year prison sentence for ``propaganda 
against the regime,'' according to Reporters Without Borders (RSF). 
Authorities confiscated Azima's passport in January 2007 when she 
entered the country and prevented her from leaving for eight months. At 
year's end she remained in self-imposed exile. In January authorities 
allowed French-Iranian filmmaker Mehrnoushe Solouki to leave the 
country, according to RSF. In February 2007 authorities arrested 
Solouki for ``intent to commit propaganda against the regime'' after 
she discovered a mass grave outside Tehran in the course of her 
research on the burial rites of some religious minorities. After one 
month in Evin Prison, she was released on bail, but the Government held 
her passport and prevented her from leaving the country for 10 months.
    On June 11, a Tehran revolutionary court reportedly gave journalist 
Said Matinpour an eight-year suspended sentence for ``publicity against 
the Islamic Republic'' and ``maintaining relations with foreigners.'' 
Matinpour was arrested in May 2007 and held in pretrial detention until 
his release on bail on February 26, with no contact with his family or 
lawyer for most of that time.
    In August the supreme leader conditionally released student 
journalists Ahmad Ghassaban, Ehsan Mansouri, and Majid Tavakoli from 
prison. They had been detained since May and June 2007 on national 
security charges related to a publication in a university newspaper.
    On March 1, a court sentenced journalist Bahman Ahmadi Amoee to a 
six-month suspended sentence for ``activity against national 
security.'' Police arrested Amoee, who works for the publication 
Sarmayeh, in June 2007 while he was covering a demonstration in Tehran. 
At year's end, authorities were holding his passport, preventing him 
from leaving the country.
    On March 17, a court sentenced Kurdish journalist Abdolvahed 
``Hiva'' Boutimar to death for a second time on espionage-related 
charges. The original July 2007 death sentence against Boutimar was 
overturned in October 2007 on a procedural point, but his case was 
retried. On September 4, the Supreme Court overturned a death sentence 
against Kurdish journalist Adnan Hassanpour. The death sentence against 
Hassanpour was originally issued in July 2007 and following an appeal 
was upheld by the Supreme Court in December 2007. Hassanpour, the 
cousin and colleague of Boutimar, currently faces retrial on espionage-
related charges.
    The Ministry of Culture and Islamic Guidance must grant permission 
to publish any book, and it inspected foreign printed materials prior 
to their domestic release.

    Internet Freedom.--According to NGO reports, the Government 
increased control over the Internet during the year as more citizens 
used it as a source for news and political debate. Government and 
independent reports estimated that approximately 18 to 23 million 
citizens used the Internet. The Government imposed limits on Internet 
speed and technology, making it more difficult to download Internet 
material or to circumvent government restrictions to access blocked Web 
sites. In December RSF reported that the Government censored 38 Web 
sites during the year.
    All Internet service providers (ISPs) must be approved by the 
Ministry of Culture and Islamic Guidance, and the Government used 
filtering software to block access to domestic blogs and some Western 
Web sites, reportedly including the Web sites of prominent Western news 
organizations and NGOs. The Government required all owners of Web sites 
and blogs in the country to register with the Ministry of Culture and 
Islamic Guidance; however, in practice this regulation was rarely 
enforced.
    In February authorities banned five Web sites ``for poisoning the 
public domain,'' according to RSF. One of the sites, which was 
operating again at year's end, had criticized Ayatollah Khomeini's 
grandson after he questioned the Government's disqualification of 
Majles election candidates.
    On April 8, authorities arrested blogger and journalist Esmail 
Jafari and seized his computer equipment, which allegedly held photos 
of a demonstration in Bushehr. Officials released Jafari on April 24, 
but on December 6, a court sentenced him to five months in prison for 
``antigovernment publicity.'' At year's end he was free pending an 
appeal.
    On April 22, security forces arrested blogger Omidreza Mirsayafi 
and detained him for 41 days in Evin Prison. On December 15, a 
revolutionary court in Tehran sentenced him to 30 months in prison for 
propaganda against the state and criticism of the supreme leader.
    On May 9, authorities blocked access to Mehdi Mohseni's blog after 
a post describing problems caused by pollution in Khuzestan. The 
Government has reportedly blocked access to this site four times since 
2004.
    On May 21, the Government blocked access to at least 14 feminist 
Web sites in anticipation of the upcoming Presidential election, 
according to NGO reports. All of the sites had supported the ``One 
Million Signatures'' campaign to change the country's laws that 
discriminate against women.
    On August 12, the Government began filtering the Web site Alef, 
making it inaccessible to users inside the country, according to a 
domestic report. The report indicated that the site had questioned the 
validity of new Interior Minister Ali Kordan's degree from Oxford 
University. The filtering was lifted on August 30, following an order 
from the judiciary chief.
    On November 29, according to RSF, a clerical court sentenced online 
journalist Mojtaba Lotfi to four years in prison and a five-year 
banishment from his home city of Qom for publishing a sermon by 
Ayatollah Hussein Ali Montazeri that was critical of the President. 
Authorities arrested Lotfi in October. He was previously arrested in 
2004 on similar charges.
    On November 20, security officers arrested well-known blogger 
Hossein Derakhshan in Tehran. At the end of the year, judiciary 
officials confirmed they were holding Derakhshan but did not specify 
the charges against him.
    In November authorities arrested blogger and activist Shahnaz 
Gholami for publishing ``propaganda against the Islamic Republic'' and 
``jeopardizing national security.'' A court sentenced her to six months 
in prison.

    Academic Freedom and Cultural Events.--The Government significantly 
restricted academic freedom. In 2006 President Ahmadi-Nejad called for 
the removal of secular and liberal professors from universities. 
Reports indicated dozens of university professors were dismissed, 
forced to retire, or denied sabbaticals abroad since 2006. To obtain 
tenure, professors had to refrain from criticism of the authorities.
    Admission to universities was politicized; in addition to 
standardized exams, all applicants had to pass ``character tests'' in 
which officials eliminated applicants critical of the Government's 
ideology. Members of the Basij were given advantages in the admissions 
process. Student groups reported that a ``star'' system inaugurated by 
the Government in 2006 to rank politically active students was still in 
use. Students deemed ``antigovernment'' through this system reportedly 
were banned from university or prevented from registering for upcoming 
terms.
    The Government censored cultural events with stringent controls on 
cinema and theater and a ban on Western music. It also monitored 
cultural associations. As the main source of production funding, the 
Government also effectively censored domestic filmmaking. Producers 
were required to submit scripts and film proposals to government 
officials in advance of funding approval. Movies promoting secularism, 
feminism, unethical behavior, drug abuse, violence, or alcoholism were 
illegal, and some domestic directors were blacklisted. A 2006 NGO 
report noted that censorship by authorities and a culture of self-
censorship strongly inhibited artistic expression in the country.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution permits assemblies and marches ``provided 
they do not violate the principles of Islam"; in practice the 
Government restricted freedom of assembly and closely monitored 
gatherings to prevent antigovernment protests. Such gatherings included 
public entertainment and lectures, student meetings and protests, labor 
protests, women's gatherings and protests, funeral processions, and 
Friday prayer gatherings. According to activists, the Government 
arbitrarily applied rules governing permits to assemble, with 
conservative groups rarely experiencing difficulty, and groups viewed 
as critical of the Government experiencing harassment regardless of 
whether a permit was issued.
    The Government continued to prohibit and forcibly disperse peaceful 
demonstrations during the year. Paramilitary organizations such as the 
Ansal-e Hizballah also harassed, beat, and intimidated those who 
demonstrated publicly for reform. They particularly targeted university 
students.
    From late February to early March, students at Shiraz University 
held a peaceful sit-in; they called for the university President's 
resignation, greater student freedom, and better dormitory conditions. 
According to Radio Farda and the International Campaign for Human 
Rights in Iran, authorities arrested at least a dozen of the 
organizers, beat some of the students they arrested, and held some in 
solitary confinement during their detention.
    On June 12, police arrested at least nine women who organized a 
meeting to commemorate the two-year anniversary of the largest feminist 
demonstration in Tehran. Officials banned the meeting in advance and 
stationed security forces outside the location. Authorities reportedly 
released the women the following day.
    Many individuals who participated in demonstrations during 2006 and 
2007 remained imprisoned at year's end. Ali Reza Hashemi, head of the 
Iranian Teachers Organization, remained under a three-year suspended 
sentence for ``provoking teachers to gather and organizing to disrupt 
the national security of the country.''

    Freedom of Association.--The constitution provides for the 
establishment of political parties, professional associations, Islamic 
religious groups, and organizations for recognized religious 
minorities, as long as such groups do not violate the principles of 
``freedom, sovereignty, and national unity'' or question Islam as the 
basis of the Islamic Republic; however, the Government limited freedom 
of association in practice through threats, intimidation, imposing 
arbitrary requirements on organizations, and arresting group leaders 
and members.
    On October 1, security forces arrested teachers seeking to attend a 
trade union meeting to discuss World Teachers Day, according to 
Education International. Authorities released all of those arrested, 
although Education International alleged that some of the teachers had 
been beaten. According to foreign NGOs, authorities arrested as many as 
400 teachers around the country during the year.
    On May 25, authorities released Heshmatollah Tabarzadi, general 
secretary of the political party Democratic Iranian Front, who had been 
detained without charge in Evin Prison since November 2007 for founding 
the party and allegedly damaging national security.

    c. Freedom of Religion.--The constitution states that Shia Islam is 
the state religion and that all laws and regulations must be based on 
Islamic criteria. The constitution also nominally protects other 
Islamic denominations, Zoroastrianism, Christianity, and Judaism; 
however, the Government severely restricted freedom of religion in 
practice, particularly the Baha'i faith.
    The central feature of the country's Islamic system was rule by the 
``religious jurisconsult.'' Its senior leadership consisted principally 
of Shia clerics, including the supreme leader of the revolution, the 
head of the judiciary, and members of the Assembly of Experts and the 
Guardian Council.
    Apostasy was punishable by death according to Shari'a law. There 
were no reported instances of the death penalty being applied for 
apostasy during the year. On August 20, Intelligence Ministry officials 
in Mashhad arrested Ramtin Soodmand, a Christian preacher, and took him 
to an unknown detention center. Authorities released Soodmand in 
November, and at year's end he was awaiting trial on charges of 
``promoting antigovernment propaganda,'' although his family maintained 
he was arrested solely for expression of his religious beliefs. The 
Government executed Soodmand's father in 1990 for apostasy due to his 
conversion 30 years earlier from Islam to Christianity.
    The Government continued to repress Baha'is and prevent them from 
practicing their religion by closing their places of worship. It banned 
them from government and military leadership posts, the social pension 
system, and public schools and universities, unless they concealed 
their faith. The courts also denied Baha'is the right to inherit 
property and refused to recognize Baha'i marriages or divorces. 
According to the law, Baha'i blood is considered ``mobah,'' meaning 
Baha'is may be killed with impunity. The Government repeatedly 
pressured Baha'is to recant their religious beliefs in exchange for 
relief from mistreatment.
    According to human rights groups, all seven members of the Baha'i 
national leadership body and a total of at least 40 Baha'is were 
imprisoned at year's end.
    On December 28, authorities on Kish Island arrested and 
interrogated Faegheh Rafeie and eight of her relatives, including 
several minors, for discussing their Baha'i faith with a local 
shopkeeper. Authorities released some members of the group the 
following day but held others for two to three more days.
    All religious minorities suffered varying degrees of officially 
sanctioned discrimination, particularly in employment, education, and 
housing. In 2006 the UNSR for adequate housing visited the country and 
reported that rural land, particularly that belonging to minorities 
including Baha'is, was expropriated for government use, and owners were 
not fairly compensated. Inheritance laws favored Muslims over non-
Muslims.
    According to human rights activists, the Government continued to 
grow increasingly intolerant of Sufism.
    On November 16, a court sentenced Amir Ali Mohammad Labaf to a 
five-year prison term, 74 lashes, and internal exile to the 
southeastern town of Babak for ``spreading lies,'' based on his 
religious practices as a member of one of the country's largest Sufi 
sects, the Nematollahis or ``Gonabadi Dervishes.'' Security agents 
reportedly arrested numerous other Gonabadi Dervishes during the year 
in other cities, including Isfahan and Karaj.
    On December 30, security services arrested five members of the Sufi 
community without official charges in Hormozgan province and 
confiscated their books and computer equipment.
    During the year clerics in Qom accused the Sufi community of 
``opposing Islamic ideas.'' In 2006 police in Qom arrested 
approximately 1,200 Sufis and closed a major center of Sufi worship.
    With the exception of Baha'is, the Government allowed recognized 
religious minorities to conduct religious education of their adherents, 
although it restricted this right considerably in some cases. The law 
required all Muslim students to take Islamic studies courses.
    Proselytizing of Muslims by non-Muslims was illegal. The 
authorities have been increasingly vigilant in recent years in curbing 
proselytizing activities by evangelical Christians.
    The Government carefully monitored the statements and views of all 
religious leaders, including the country's senior Muslim religious 
leaders. It restricted the movement of several Muslim religious leaders 
who had been under house arrest for years and continued to detain at 
least one dissident cleric, Ayatollah Boroujerdi, during the year. The 
Government pressured all ranking clerics to ensure their teachings 
conformed to (or at least did not contradict) government policy and 
positions.

    Societal Abuses and Discrimination.--Government actions continued 
to support elements of society who created a threatening atmosphere for 
some religious minorities.
    Sunni Muslims and Christians encountered societal and religious 
discrimination and harassment at the local, provincial, and national 
levels. Some Mandeans reportedly fled the country in previous years to 
escape discrimination.
    The Government's anti-Israel stance, in particular the President's 
repeated speeches decrying the existence of Israel and calling for the 
destruction of its ``Zionist regime,'' coupled with the perception 
among many citizens that Jewish citizens supported Zionism and Israel, 
created a threatening atmosphere for the community. Government 
officials also continued to make statements and organize events during 
the year designed to cast doubt on the Holocaust.
    On June 2, President Ahmadi-Nejad said that Israel ``will be wiped 
off the pages of history'' and on August 24 that ``the celebration of 
the elimination of Zionism and destruction of the arrogant will soon be 
held.''
    On August 17, the President made remarks in which he referred to 
the Holocaust as a ``historical lie'' perpetuated to justify Israel's 
existence.
    On September 26, a Holocaust denial book by student members of the 
Basij was released. The cover depicted a hook-nosed Jew dressed in 
traditional Jewish clothing drawing outlines of dead bodies on the 
ground. Inside pages pictured bearded Jews leaving and re-entering a 
gas chamber with a counter reading 5,999,999. Another picture showed a 
hospital patient covered in an Israeli flag and on life support, 
breathing lethal Zyklon-B gas used in the Holocaust.
    In previous years several programs broadcast on state-run TV 
reportedly espoused anti-Semitic messages; a domestic newspaper held a 
Holocaust denial editorial cartoon contest; and the Government 
sponsored a conference focused on denial of the existence or scope of 
the Holocaust.
    In recent years the Government made the education of Jewish 
children more difficult by limiting distribution of nonreligious Hebrew 
texts and requiring several Jewish schools to remain open on Saturday, 
the Jewish Sabbath. There were limits on the level to which Jews could 
rise professionally, particularly in 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 constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation; however, the Government placed some restrictions on these 
rights. The Government cooperated with the Office of the High 
Commissioner for Refugees (UNHCR) with regard to some refugees from 
Afghanistan and Iraq.
    The Government required exit permits for foreign travel for all 
citizens. Some citizens, particularly those whose skills were in short 
supply and who were educated at government expense, had to post bond to 
obtain an exit permit. The Government restricted the foreign travel of 
some religious leaders and individual members of religious minorities 
and scientists in sensitive fields, and it targeted journalists, 
academics, and activists for travel bans and passport confiscation.
    On March 3, authorities removed human rights activist Parvin 
Ardalan from her flight, confiscated her passport, and served her with 
a court summons as she was leaving the country for Stockholm to receive 
a humanitarian award, according to Human Rights First. Authorities told 
her she must present invitations to conferences abroad as a 
precondition for the removal of her travel ban, although the law does 
not require individuals to seek prior permission to travel.
    On October 26, authorities banned women's rights activist Sussan 
Tahmasebi from leaving the country, according to RSF. Authorities had 
summoned Tahmasebi to court for questioning regarding postings on a 
women's rights Web site. Police also placed Tahmasebi under 
surveillance.
    At year's end Abdolfattah Soltani, a lawyer who represented several 
political prisoners, remained under a travel ban imposed in 2005.
    A woman must obtain the permission of her husband, father, or other 
male relative to obtain a passport. A married woman must receive 
written permission from her husband before leaving the country.
    The Government did not use forced external exile; however, the 
Government used internal exile as a punishment, and many dissidents 
practiced self-imposed exile to be able to express their beliefs 
freely.
    There were indications that members of all religious minorities 
were emigrating at a high rate, although it was unclear whether the 
reasons for emigration were religious or related to overall poor 
economic conditions.

    Protection of Refugees.--The law provides means for granting asylum 
or refugee status to qualified applicants in accordance with the 1951 
UN Convention relating to the Status of Refugees and its 1967 protocol, 
and the Government had a system for providing protection to refugees. 
The Government did not always provide protection against the expulsion 
or return of refugees to countries where their lives or freedom would 
be threatened.
    On December 1, UNHCR estimated that there were 915,000 registered 
Afghan refugees in the country, 3,166 of whom the UNHCR repatriated to 
Afghanistan during the year. The Government continued to postpone 
discussions to renew the tripartite repatriation agreement; however, at 
an international conference on resettlement and repatriation held in 
Kabul in November, the Government verbally committed to permit 
registered Afghan refugees to stay until they voluntarily repatriate or 
resettle elsewhere.
    In addition to the 915,000 registered Afghan refugees, UNHCR 
estimated as many as 1.5 million Afghans illegally resided in the 
country as migrant workers. The Government continued to deport illegal 
Afghan migrants. On March 4, the Government announced it would deport 
all Afghans who lacked refugee documentation, and UNHCR reported that 
403,000 Afghans were deported. There were reports of some registered 
refugees included in mass deportations during the last several years, 
although these reports were not officially documented. According to 
HRW, many of those deported received no warning that they were being 
deported, and many were separated from their families or had little 
time to collect belongings and wages. Other deportees claimed they were 
beaten, detained, or required to perform forced labor for several days 
before being deported. Among the deportees were vulnerable individuals 
and families who required humanitarian assistance upon arrival in 
Afghanistan. At the November conference on Afghan refugees in Kabul, 
the Iranian delegate stated that Afghan refugees would continue to be 
treated as ``respected guests'' and that the two countries were 
discussing the issuance of 300,000 visas to Afghan workers. However, no 
new visa arrangement had been announced by year's end.
    Since 2007 authorities maintained approximately 19 ``No Go Areas'' 
in the country for Afghan refugees, according to UNHCR. Refugees were 
required to register and relocate in areas the Government approved; 
those who did not were considered unregistered and remained subject to 
deportation. Afghan and Iraqi refugees faced a lack of job 
opportunities, and the Government at times failed to grant them 
residence or work permits, effectively preventing them from obtaining 
health insurance coverage.
    According to UNHCR, a total of 58,091 Iraqis were registered as 
refugees in the country during the year. The Government's 2007 
registration was open only to Iraqis who had arrived before 2005. UNHCR 
registered later arrivals. Voluntary repatriation by Iraqis increased 
over the past two years; UNHCR did not assist any Iraqi repatriations 
in 2006 but supported 238 in 2007 and 2,376 during the year. However, 
UNHCR noted that most repatriates were those who fled Iraq before 2007 
and new Iraqi refugees continued to arrive in the country. The majority 
of Iraqi refugees lived in urban areas, but an estimated 5,000 Iraqis 
lived in 12 settlements and received UNHCR and World Food Program 
assistance.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change peacefully 
the President and the parliament through free and fair elections; 
however, the authority of unelected representatives over the election 
process severely abridges this right in practice. The Assembly of 
Experts elects the supreme leader, the recognized head of state, who 
can be removed only by a vote of the assembly. The assembly was 
composed of 86 members and was restricted to clerics, who served eight-
year terms and were chosen by popular vote from a list approved by the 
Guardian Council (a 12-member body composed of government-appointed 
clerics and religious jurists). There was no separation of state and 
religion, and clerical influence pervaded the Government. The supreme 
leader also approved the candidacy of Presidential candidates, with the 
exception of an incumbent President.

    Elections and Political Participation.--On March 14, the country 
held Majles elections, which outside observers regarded as neither free 
nor fair. The Interior Ministry rejected the candidacy of almost 2,000 
applicants, citing disqualifying reasons such as ``having ill repute in 
their place of residency,'' ``insulting religious sanctities,'' and 
``acting against the state,'' according to HRW. Authorities 
disqualified numerous other candidates following closed-door 
negotiations with the Guardian Council. Most of the disqualified 
candidates were considered reformists. Conservatives won approximately 
70 percent of the seats.
    The constitution allows for the formation of political parties, 
although the Interior Ministry granted licenses only to political 
parties with ideological and practical adherence to the system of 
government embodied in the constitution. There were more than 240 
registered political organizations, but most were small entities, often 
focused around an individual, and did not have nationwide membership. 
Political parties approved by the Interior Ministry generally operated 
without restriction or outside interference.
    According to the Guardian Council's interpretation, the 
constitution barred women and persons of non-Iranian origin or 
religions other than Shia Islam from becoming President. Women were 
also barred from serving as supreme leader or as members of the 
Assembly of Experts, Guardian Council, or Expediency Council (a body 
responsible for mediating between the Majles and the Guardian Council 
and serving as a consultative council for the supreme leader). Two of 
the 10 vice Presidents were women. Eight women served in the Majles 
during the year. Five Majles seats were reserved for the recognized 
religious minorities. Other ethnic minorities in the Majles included 
Arabs and Kurds. There were no non-Muslims in the cabinet or on the 
Supreme Court.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and official corruption remained a 
serious problem in all three branches of government, including the 
``bonyads'' (tal-exempt foundations designed for charitable activity 
that control consortia of substantial companies).
    All government officials, including cabinet ministers and members 
of the Guardian Council, Expediency Council, and Assembly of Experts 
were required to submit annual financial statements to the state 
inspectorate. There was no information available regarding whether 
these government officials obeyed the law.
    In January authorities executed a customs contractor for corruption 
and sentenced three other customs employees to death for ``office 
corruption and other economic crimes,'' including accepting a bribe of 
more than 10 billion rials (approximately one million dollars).
    Also in January a court sentenced three state gas company managers 
to 10 years in prison and 74 lashes each for taking bribes totaling 23 
billion rials (approximately $2.3 million), according to international 
press reports.
    On June 11, authorities arrested former parliamentarian Abbas 
Palizdar for ``spreading lies and slander'' and ``causing public 
distress,'' according to international press reports. In May, Palizdar 
publicly accused senior religious leaders and politicians of 
involvement in corruption. Following his speeches, which were widely 
circulated on the Internet, judiciary officials arrested and indicted 
11 persons named by Palizdar, most of them government employees, on 
corruption charges. At year's end Palizdar had not gone to trial.
    On June 18, according to domestic press reports, authorities 
detained Abdollah Shahbazi for several days on charges of ``slander and 
spreading lies,'' after he claimed on his Web site that several high-
ranking officials from Fars province had expropriated land.
    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
    The Government continued to restrict the work of human rights 
groups and sometimes responded to their inquiries and reports with 
harassment, arrests, monitoring, unlawful raids, and closures. The 
Government continued to deny the universality of human rights and 
stated that human rights issues should be viewed in the context of a 
country's ``culture and beliefs.'' On May 20, judiciary chief Hashemi 
Shahroudi told the Human Rights Task Force, an intragovernmental entity 
established in 2001, that the international community uses human rights 
as a weapon against the Islamic world.
    Hundreds of domestic NGOs operated in areas such as health and 
population, women's rights, development, youth, environmental 
protection, human rights, and sustainable development during the year 
despite the restrictive environment, including pressure not to accept 
foreign grants. During the year, the Government routinely restricted 
human rights defenders, civil society activists, journalists, and 
scholars from traveling abroad, particularly to attend international 
conferences.
    According to AI, independent human rights groups and other NGOs 
faced intensifying harassment and threat of closure from government 
officials as a result of prolonged and often arbitrary delays in 
obtaining official registration.
    Human rights activists also reported receiving intimidating phone 
calls and threats of blackmail from unidentified law enforcement and 
government officials. Government officials routinely harassed family 
members of human rights activists, including making false criminal 
charges against them and blocking their access to higher education. 
Courts routinely applied suspended sentences to human rights activists; 
this form of sentencing acted as de facto probation, leaving open the 
option for authorities to suddenly and arbitrarily arrest or imprison 
individuals. This threat was sometimes enough to silence activists or 
pressure them into providing information about other activists.
    On December 21, security forces unlawfully raided and closed the 
Center for the Defense of Human Rights, a Tehran NGO headed by Nobel 
Peace Prize laureate Shirin Ebadi. The raid occurred immediately prior 
to a scheduled ceremony to celebrate the 60th anniversary of the 
Universal Declaration of Human Rights. According to the state-run 
Islamic Republic News Agency, a Foreign Ministry spokesman said the 
Government closed the center for operating without a valid permit. On 
December 29, government security officers posing as tax officials 
raided Ebadi's private law offices, seizing office files and computers.
    Professional groups representing writers, journalists, 
photographers, and others attempted to monitor government restrictions 
in their respective fields, as well as harassment and intimidation 
against individual members of their professions. The Government 
severely curtailed these groups' ability to meet, organize, or effect 
change.
    In 2007 local NGO the Society for the Defense of the Rights of 
Prisoners published its second report about prison conditions in the 
country. There was no indication during the year that the Government 
responded to the group's appeal for attention to cases of political 
prisoners.
    In March 2007 a revolutionary court closed the offices of three 
prominent civil society and women's rights NGOs, the Iran Civil Society 
Organizations Training and Research Center, the Raahi Legal Center, and 
the NGO Training Center after authorities briefly detained activists 
affiliated with these organizations, including Sohrab Razzaghi, Shadi 
Sadr, and Mahboubeh Abbasgholizadeh, and charged them with violations 
related to their NGO activities.
    Despite receiving numerous appeals, the Government denied requests 
from international human rights NGOs to establish offices in or conduct 
regular investigative visits to the country. The last visit by an 
international human rights NGO was AI's 2004 visit as part of the 
European Union's human rights dialogue with the country. In October, 
according to domestic press reports, the interior minister stated that 
the Government would refuse any request by the Americal-Iranian Council 
to open an office inside the country.
    The ICRC and UNHCR both operated in the country with some 
restrictions. According to HRW, since the Government issued a standing 
invitation to all UN human rights agencies in 2002, there have been six 
visits to the country by UN special human rights institutions; however, 
the Government generally ignored recommendations these bodies made and 
failed to submit required reports to the UN Human Rights Committee and 
the UN Committee on Economic, Social, and Cultural Rights.
    The Government ignored repeated requests for visits by UN special 
rapporteurs covering the areas of arbitrary executions, freedom of 
religion, torture, independence of judges, and minority issues.
    The December 18 UNGA resolution on the country's human rights 
record called on the Government to respect fully its human rights 
obligations and to abolish torture, arbitrary imprisonment, and 
juvenile and public executions, including stonings. The resolution also 
called on the Government to eliminate discrimination and other human 
rights violations against women and religious, linguistic, and ethnic 
minorities. In an October report, the UN Secretary-General criticized 
the country's human rights record and urged the Government to do more 
to combat discrimination against women and minorities in the country.
    In 2001 the supreme leader called for the creation of a human 
rights task force, chaired by the judiciary chief and comprising the 
ministers of intelligence, interior, foreign affairs, justice, and 
culture, as well as other judicial and military officials. The 
committee, which did not convene until 2006, was not considered 
effective. In one of his first public statements as the committee 
secretary, Mohammad Javad Larijani defended death by stoning as a 
punishment for adultery.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the constitution formally prohibits discrimination based 
on race, gender, disability, language, and social status ``in 
conformity with Islamic criteria,'' the Government discriminated on the 
basis of religion, gender, ethnicity, and sexual orientation.

    Women.--Rape is illegal and subject to strict penalties, but it 
remained a problem. Spousal rape is not illegal.
    Spousal abuse and violence against women occurred. According to a 
study published during the year using 2005 data, 27 percent of women 
reported being physically abused during the survey year. Abuse in the 
family was considered a private matter and seldom discussed publicly, 
although there were some efforts to change this attitude. Domestic 
violence was not specifically prohibited by law, but some 
nongovernmental shelters and hotlines existed to assist victims.
    According to a police official quoted in a domestic newspaper 
during the year, 50 honor killings were reported during a seven-month 
period, although official statistics were not available. The punishment 
for perpetrators was often a short prison sentence.
    In May a man local papers identified as Ahmad allegedly killed his 
daughter in Isfahan after her former brother-in-law kidnapped and slept 
with her. Both men were in police custody at year's end.
    In June a man identified as Morteza allegedly killed his sister 
near Bandar Abbas after she married a man without her family's 
permission. Local press reported that Morteza would be sentenced to 
only three to five years in prison since the victim's parents did not 
seek a murder charge.
    Prostitution is illegal, but it took place under the legal cover of 
``sigheh,'' or temporary marriage. International press reports 
described prostitution as a widespread problem. The problem appeared 
aggravated by difficult economic conditions and rising numbers of drug 
users and runaway children. In March authorities arrested Tehran police 
chief Reza Zarei after he was discovered in a brothel during a police 
raid.
    There was a lack of reliable data on the prevalence of sexual 
harassment in the country; however, media reports indicated unwanted 
physical contact and verbal harassment occurred. There are laws 
addressing sexual harassment in the context of physical contact between 
men and women. In June, thousands of university students in Zanjan 
protested an alleged episode of sexual harassment of a student by a 
university official.
    The constitution nominally provides women with equal protection 
under the law and all human, political, economic, social, and cultural 
rights in conformity with Islam; however, provisions in the Islamic 
civil and penal codes, in particular sections dealing with family and 
property law, discriminate against women. Shortly after the 1979 
revolution, the Government repealed the 1967 Family Protection Law that 
provided women with increased rights in the home and workplace and 
replaced it with a legal system based largely on Shari'a practices.
    Although a male can marry at age 15 without parental consent, the 
law states that a virgin female needs the consent of her father or 
grandfather to wed, or the court's permission, even if she is older 
than 18. The country's Islamic law permits a man to have as many as 
four wives and an unlimited number of sigheh, based on a Shia custom in 
which a woman may become the wife of a Muslim male after a simple 
religious ceremony and a civil contract outlining the union's 
conditions. Such wives were not granted rights associated with 
traditional marriage. The Government does not recognize marriages 
between Muslim women and non-Muslim men or Baha'i marriages.
    Women have the right to divorce only if the husband signs a 
contract granting that right; cannot provide for his family; or is a 
drug addict, insane, or impotent. A husband was not required to cite a 
reason for divorcing his wife.
    Traditional interpretations of Islamic law recognized a divorced 
woman's right to part of shared property and to alimony. The law 
provides divorced women preference in custody for children up to seven 
years of age; however, divorced women who remarry are forced to give 
the child's father custody. After the child reaches seven years of age, 
the father is entitled to custody (except in cases in which the father 
was proven unfit to care for the child). The court determined custody 
in disputed cases.
    A man could escape punishment for killing a wife caught in the act 
of adultery if he was certain she was a consenting partner; the same 
rule does not apply for women whose husbands committed adultery. Women 
sometimes received disproportionate punishment for crimes such as 
adultery, including death sentences. The law provides that a victim of 
stoning is allowed to go free if he or she escapes; however, it is much 
harder for women to escape, as they are buried to their necks, whereas 
men are buried to their waists.
    The testimony of two women is equal to that of one man. The blood 
money paid to the family of a female crime victim is half the sum paid 
for a man.
    Women had access to primary and advanced education. Reportedly 65 
percent of university students were women; however, government 
officials admitted the use of quotas to limit women's university 
admissions in certain fields, such as medicine and engineering. In 
addition, social and legal constraints limited their professional 
opportunities. Women were represented in many fields of the work force, 
including the legislature, municipal councils, police, and 
firefighters. According to a World Economic Forum report, the 
unemployment rate for women was 17 percent, compared with 10 percent 
for men. Women cannot serve as President or as certain types of judges. 
Women may be consultant and research judges without the power to impose 
sentences.
    The Government enforced gender segregation in most public spaces, 
including medical care, and prohibited women from mixing openly with 
unmarried men or men not related to them. Women must ride in a reserved 
section on public buses and enter public buildings, universities, and 
airports through separate entrances.
    The penal code provides that if a woman appears in public without 
the appropriate Islamic covering (hijab), she can be sentenced to 
lashings and/or fined. However, absent a clear legal definition of 
appropriate hijab or the punishment, women were at the mercy of the 
disciplinary forces or the judge. Pictures of uncovered or immodestly 
dressed women in the press or in films were often digitally altered.
    The Government intensified its campaign against members of the 
``One Million Signatures'' campaign, which activists launched in 2006 
to promote women's rights and demand changes to discriminatory laws. In 
a report released October 20, UN Secretary-General Ban Ki-Moon noted 
``an increasing crackdown in the past year on the women's rights 
movement.''
    On April 8, security forces arrested campaign member Khadijeh 
Moghaddam at her home. A revolutionary court reportedly charged her 
with ``spreading propaganda against the state,'' ``disrupting public 
opinion,'' and ``actions against national security.'' Officials 
released her on bail on April 16.
    On October 15, authorities arrested an Iranial-American dual 
citizen for an alleged traffic violation in Tehran and held her in 
solitary confinement in Evin Prison for one month. She was in the 
country conducting research on the women's rights movement for her 
graduate thesis. On November 10, authorities released her on bail, but 
she remained under a travel ban at the end of the year.
    On October 17, authorities ordered Parastoo Alahyaari and several 
other campaign activists to submit their identity cards after security 
officers broke up their meeting in a public park in Tehran. On October 
18, authorities searched Alahyaari's home and confiscated her computer 
and many personal belongings.
    On November 21, according to human rights activists, authorities 
arrested Mehri Moshrefi, her husband, and two of her children and 
transferred them to Evin Prison. Security officers reportedly arrested 
them at a cemetery where the ``One Million Signatures'' campaign was 
staging a protest; activists claimed the family was not involved in the 
gathering. Authorities held Moshrefi's two children (one of whom was a 
minor) for one month; Moshrefi and her husband remained in Evin Prison 
at year's end. Prison officials did not allow the family to contact 
their third child, who was not with the rest of the family at the time 
of arrest, for more than two weeks.
    Several members of the ``One Million Signatures'' campaign, 
including Parvin Ardalan, Nushin Ahmadi Khorasani, and Sussan 
Tahmasebi, remained under suspended prison sentences and travel bans at 
year's end. A court sentenced Fariba Davoudi Mohajer to one year in 
prison in absentia after she spoke publicly about these activists 
during a trip outside the country.
    In May a court sentenced Amir Yaghoub Ali to one year in prison for 
``endangering national security'' due to his work for the ``One Million 
Signatures'' but later suspended the sentence for four years. In July 
2007 security forces detained him in Evin Prison for four weeks for 
collecting signatures on behalf of the campaign in Tehran's Andishe 
Park.
    In July 2007 authorities sentenced women's rights activist Delaram 
Ali to 20 lashes and 34 months in prison for her participation in a 
2006 women's rights rally. The judge charged her with ``acting against 
national security'' and ``propaganda against the system.'' Following 
international protests, in November 2007 the judiciary reduced her 
sentence to 10 lashes and two and one half years in prison and then 
temporarily suspended her sentence.
    In August 2007 authorities sentenced Nasim Sarbandi and Fatemeh 
Dehdashti to six months in prison and two-year suspended sentences 
reportedly for collecting signatures for ``One Million Signatures'' at 
a Tehran train station.
    On August 13, authorities charged Ronak Safazadeh with ``spreading 
propaganda against national security.'' Security agents arrested 
Safazadeh in Sanandaj in October 2007 for collecting signatures for 
``One Million Signatures.'' On September 6, a court sentenced her to 
nine months in prison and fined her for publicizing the conditions of 
her detention; at year's end authorities had not tried Safazadeh for 
the original charges against her.
    On June 18, a court sentenced Hana Abdi, whom police arrested in 
November 2007 for collecting signatures for ``One Million Signatures,'' 
to five years' imprisonment. On October 7, a court reduced her sentence 
to 18 months.
    On January 2, authorities released women's rights activists Maryam 
Hosseinkhah and Jelveh Javaheri. Police arrested both women in late 
2007 for ``propaganda against the system.''
    The Government Center for Women and Family continued to publish 
reports on feminism with a negative slant and limited the debate on 
women's issues to only those related to the home.

    Children.--There was little current information available to assess 
government efforts to promote the welfare of children.
    Although primary schooling up to age 11 is free and compulsory, 
media and other sources reported lower enrollment rates for girls than 
boys in rural areas.
    There was little information available to reflect how the 
Government dealt with child abuse, including child labor. Abuse was 
largely regarded as a private family matter, and there was no evidence 
of progress as a result of 2005 UN Children's Fund actions to prevent 
child abuse in the country. According to the UN's Integrated Regional 
Information Network, child sexual abuse was rarely reported.
    The law requires court approval for the marriage of girls younger 
than 13 and boys younger than 15; however, it was reportedly not 
unusual in rural areas for parents to have their children marry before 
they become teenagers, often for economic reasons.
    There were reportedly significant numbers of children, particularly 
Afghan but also Iranian, working as street vendors in Tehran and other 
cities and not attending school.

    Trafficking in Persons.--The law prohibits human trafficking. 
However, according to foreign observers, the country was a source, 
transit, and destination point for trafficking. Women and girls were 
trafficked from the country to Pakistan, Turkey, Europe, and the Gulf 
states for sexual exploitation and involuntary servitude. Boys from 
Bangladesh, Pakistan, and Afghanistan were trafficked through the 
country to Gulf states. Afghan women and girls were trafficked to the 
country for sexual exploitation and forced marriages. Internal 
trafficking for sexual exploitation and forced labor also occurred. In 
some cases, authorities tried and convicted persons involved in 
trafficking.
    In September 2007 police reportedly disbanded an international 
smuggling network based in Tehran, but it was unclear how many, if any, 
of these were actual trafficking offenses. The group smuggled women and 
girls from Central Asia through the country to the Gulf states. Police 
reportedly arrested 25 persons for involvement in the network. There 
were also reports that the Government arrested and punished several 
trafficking victims on charges of prostitution or adultery.
    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 by law. The law also provided for state-
funded vocational education for persons with disabilities, but 
according to domestic news reports, vocational centers were confined to 
urban areas and unable to meet the needs of the entire population of 
persons with disabilities. Building accessibility for persons with 
disabilities remained a widespread problem.

    National/Racial/Ethnic Minorities.--The constitution grants equal 
rights to all ethnic minorities and allows for minority languages to be 
used in the media and schools. The Government disproportionately 
targeted minority groups, including Kurds, Arabs, Azeris, and Baluch, 
for arbitrary arrest, prolonged detention, and physical abuse. These 
groups also reported political and economic discrimination, 
particularly in the provision of economic aid, granting of business 
licenses, university admissions, permission to publish books, and 
housing and land rights. State broadcasting had weekly programs in 
ethnic languages, but the Government consistently denied minorities 
their constitutional right to study and use their language in school.
    In 2007 then interior minister Mustafa Purmohammadi ranked ethnic 
divisions as one of the biggest problems his ministry had to address. 
The Government blamed foreign entities, including a number of Western 
countries, for instigating some of the ethnic unrest. Other groups 
claimed the Government staged the 2005 and 2006 Khuzestan bombings as a 
pretext for repression.
    According to AI, in January authorities detained and questioned 
three child care facility directors in Kurdistan province on the 
grounds that they permitted the teaching of a nonnational language. 
Authorities threatened other facilities with closure. Kurds were not 
allowed to register certain names for their children in official 
registries.
    On July 9, security forces arrested Zeinab Bayazidi in Kurdistan 
province and charged her with ``acting against national security'' and 
``belonging to an illegal organization'' for her work with a human 
rights group. According to human rights activists, a court sentenced 
her to four years in prison after a secret trial with numerous 
irregularities.
    On August 8, according to domestic human rights groups, security 
forces arrested journalist and Kurdish rights activist Massoud Kordpour 
on espionage charges related to interviews he gave to foreign media 
outlets. Authorities reportedly held Kordpour incommunicado for several 
months before a revolutionary court sentenced him to one year in 
prison.
    On October 30, a Tehran appeals court upheld an 11-year prison 
sentence against Kurdish journalist Mohammad Sadegh Kaboudvand 
according to NGO reports. Police arrested Kaboudvand in July 2007 after 
he founded the Human Rights Organization of Kurdistan (HROK) in 2005. 
He was serving his sentence at year's end, and family members reported 
he had severe health problems, including a second heart attack in 
December.
    On February 25, a revolutionary court sentenced to death Farzad 
Kamangar, superintendent of high schools in Kamayaran, on charges of 
``endangering national security.'' Kamangar was involved with a number 
of civil society organizations, including the local teacher's union, an 
environmental group, and HROK. The court also sentenced fellow Kurdish 
activists Ali Heydarian and Farhad Vakili to death. In July the Supreme 
Court upheld the three death sentences. On November 24, according to 
AI, prison officials removed Kamangar from his cell, beat him, and 
threatened him with execution. Authorities originally arrested the 
three men in 2006 for their human rights activism.
    In 2006 Kurds clashed with police, reportedly resulting in three 
deaths and more than 250 arrests. There were also strikes and 
demonstrations in 2005 following the killing of a Kurdish activist by 
security forces. According to HRW and other sources, security forces 
killed at least 17 persons and wounded and arrested large numbers of 
others.
    In February authorities tried Sa'id Sa'edi, a founder of the East 
Kurdistan Cultural Research Institute, and Ajlal Qavami, a journalist 
and board member of HROK, on charges of criminal damage relating to 
their participation in a peaceful demonstration in 2005.
    Foreign representatives of the Ahvazi Arabs of Khuzestan claimed 
their community of 2 to 4 million in the southwest section of the 
country suffered from oppression and discrimination, including the lack 
of freedom to study and speak Arabic. Ahvazi and human rights groups 
alleged torture and mistreatment of Ahvazi Arab activists, including 
detention of the spouses and young children of activists.
    In September a court sentenced Arab journalist Mohammad Hasan 
Falahiezadeh to three years in prison. Authorities arrested 
Falahiezadeh in December 2007 for his reporting of street protests by 
members of the Arab minority in Ahvaz. On October 5, he began a hunger 
strike to protest prison officials' alleged denial of basic legal 
rights.
    Ethnic Azeris comprised approximately one-quarter of the country's 
population, were well integrated into government and society, and 
included the supreme leader among their numbers. However, Azeris 
complained of ethnic and linguistic discrimination by the Government, 
including banning the Azeri language in schools, harassing Azeri 
activists or organizers, and changing Azeri geographic names. Azeri 
groups also claimed there were a number of Azeri political prisoners 
jailed for advocating cultural and language rights for Iranian Azeris. 
The Government charged several of them with ``revolting against the 
Islamic state.''
    In a series of arrests beginning in July, police reportedly 
detained at least eight Azeri-Iranian students in Tabriz and charged 
them with ``establishing illegal groups in order to disrupt national 
security'' and ``propaganda against the state.'' According to AI, the 
student activists were campaigning for greater cultural and linguistic 
rights, including the right to education using the Azeri language and 
the right to celebrate Azeri culture and history. On October 28, all 
but one were released on bail; at year's end, Dariush Hatemi remained 
in prison because he was unable to raise the bail of 500 million rials 
(approximately $50,000) required for his release.
    On September 10, authorities arrested a group of Azeri cultural 
rights activists, including author Hasan Rashedi, poet Mehdi Naimi 
Ardabili, writer Alireza Sarafi, and journalist Saeed Mohammadi 
Moghalani, at an Iftar celebration. Authorities held the men 
incommunicado and without charge for several weeks before releasing 
them on bail on November 9.
    In 2006 there were large-scale riots in the Azeri majority regions 
of the northwest following publication of a newspaper cartoon that 
depicted a cockroach speaking in Azeri. Police forcibly contained the 
protests and reported that four persons were killed and several 
protesters were detained. Authorities blamed foreign governments for 
inciting unrest.
    Local and international human rights groups alleged serious 
economic, legal, and cultural discrimination against the Baluch 
minority during the year. The Government did not investigate 
allegations that authorities in Sistan va Baluchistan executed at least 
50 detainees in 2007 (See Section 1.a.). Baluch journalists and human 
rights activists, including Yaghoob Mirnehad, faced arbitrary arrest, 
physical abuse, and unfair trials, often ending in execution.

    Other Societal Abuses and Discrimination.--The Special Protection 
Division, a volunteer unit of the judiciary, monitored and reported 
moral crimes. The law prohibited and punished homosexuality; sodomy 
between consenting adults was a capital crime. According to HRW, the 
last known death sentences for homosexual conduct were handed down in 
2005, although there were allegations of executions related to 
homosexual conduct in 2006 and 2007. The punishment of a non-Muslim 
homosexual was harsher if the homosexual's partner was Muslim. On 
September 29, President Ahmadi-Nejad called homosexuality an 
``unlikable and foreign act'' that ``shakes the foundations of 
society.''
    On February 28, police reportedly raided a home in Isfahan and 
arrested approximately 30 men on accusations including consensual 
homosexual conduct. The men were held for multiple weeks without access 
to lawyers and without being charged, according to HRW.
    Persons with HIV/AIDS reportedly faced discrimination in schools 
and workplaces. The Government supported programs for HIV/AIDS 
awareness and generally did not interfere with private HIV/AIDS-related 
NGOs.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
establish unions; in practice the Government did not permit independent 
unions. A national organization known as Workers' House was the sole 
authorized national labor organization. It served primarily as a 
conduit for government control over workers. The leadership of Workers' 
House coordinated activities with Islamic labor councils in industrial, 
agricultural, and service organizations comprising more than 35 
employees. These councils, which consisted of representatives of 
workers and a representative of management, also functioned as 
instruments of government control but nonetheless frequently blocked 
layoffs and dismissals in support of workers' demands. Restrictions on 
the ability of workers to associate continued during the year.
    On June 24, the Ministry of Labor and Social Affairs threatened to 
dissolve the Association of Iranian Journalists (AIJ) because it 
allegedly failed to uphold its internal regulations. According to RSF, 
authorities sought the removal of the association's executive committee 
on grounds of alleged procedural irregularities in voting during its 
general assemblies. On July 6, the Ministry of Culture and Islamic 
Guidance sent a letter instructing domestic newspapers not to report on 
the group. The AIJ held internal elections to satisfy the Ministry of 
Labor's concerns but had yet to receive their approval at year's end.
    On December 22, according to human rights groups, security agents 
arrested trade union member Mohsen Hakimi on unspecified charges. His 
whereabouts were unknown at year's end.
    In April 2007 security forces arrested 45 members of the Hamedan 
Teachers' Association. Judiciary officials stated the teachers were 
arrested because of their continued affiliation with a banned 
organization. In December 2007 a court sentenced nine of the members to 
91 days' imprisonment for ``participating in unlawful strikes'' and for 
closing schools.
    On April 6, authorities released labor activist Mahmoud Salehi, 
former head of the Saqqez Bakery Workers' Union, after he spent one 
year in prison for ``acting against national security"; the court 
immediately opened another case against him, for which Salehi 
reportedly posted bail of 430 million rials (approximately $43,000). He 
was free pending trial at year's end.
    On August 25, authorities reportedly transferred labor leader 
Mansur Osanloo from Evin Prison to Rajayee Shahr Prison in the city of 
Karaj. Osanloo, who reportedly suffered from numerous health problems, 
remained in custody under a 2007 charge of ``acting against national 
security'' and ``propaganda against the system.'' In July 2007 
unidentified men arrested and detained him, following repeated arrests 
in 2006. Osanloo, head of the Syndicate of Bus Drivers of the Tehran 
and Suburbs Bus Company (Sherkat-e-Vahed), had been targeted by the 
Government because of his calls for labor rights.
    On December 27, plainclothes security agents arrested Ebrahim 
Madadi in Tehran on unknown charges. Authorities previously arrested 
Madadi in August 2007 for protesting the arrest of Mansur Osanloo and 
released him in December 2007 following an appeals court ruling that 
cleared him of the charge of acting against national security.
    Ali Reza Hashemi, head of the Iranian Teachers Organization, 
remained under a three-year suspended sentence on charges related to a 
March 2007 protest during which security forces arrested hundreds of 
teachers demanding pay and benefits equal to those government employees 
received. According to a domestic labor rights organization, 
authorities held dozens of the teachers in Section 209 of Evin Prison 
for as long as 60 days without charges, before releasing most of them 
on bail of approximately 300 million rials (approximately $30,000) 
each.
    The law prohibits public sector strikes, and the Government 
considered unlawful any strike deemed contrary to its economic and 
labor policies, including strikes in the private sector; however, 
strikes occurred. According to an October UNGA report, attempts to 
create a number of workers' associations and conduct labor strikes over 
wages have been met with arbitrary arrests and violence by security 
forces.

    b. The Right to Organize and Bargain Collectively.--Workers did not 
have the right to organize independently or to negotiate freely 
collective bargaining agreements. According to the International Trade 
Union Confederation, labor legislation did not apply in export 
processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The labor code 
prohibits all forms of forced or compulsory labor, including by 
children; however, there were reports that such practices occurred. 
Female citizens were trafficked internally for the purpose of forced 
prostitution. Citizen children were trafficked internally, and Afghan 
children were trafficked to the country for the purpose of forced 
commercial sexual exploitation and involuntary servitude as beggars and 
laborers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits employment of minors younger than 15 years and places 
restrictions on the employment of minors younger than 18; however, the 
Government did not adequately enforce laws pertaining to child labor, 
and child labor was a serious problem. The law permits children to work 
in agriculture, domestic service, and some small businesses, but 
prohibits employment of minors in hard labor or night work. There was 
no information regarding enforcement of these regulations.
    According to government sources, 3 million children were prevented 
from obtaining education because their families forced them to work. 
Unofficial sources claimed the figure was closer to 5 million. In 2007 
Tehran reportedly opened several shelters for street children. There 
were reportedly significant numbers of children--particularly Afghan 
but also Iranian--working as street vendors in major urban areas. Many 
Afghan children were unable to attend school because they lacked birth 
certificates or identification cards, which the Government reportedly 
refused to issue in an effort to curb illegal immigration.

    e. Acceptable Conditions of Work.--The law empowers the Supreme 
Labor Council to establish annual minimum wage levels for each 
industrial sector and region. In March President Ahmadi-Nejad increased 
the minimum wage levels by 20 percent to 2.2 million rials 
(approximately $220) per month, which labor groups stated did not 
provide a decent standard of living for workers and their families. 
There was no information regarding mechanisms to set wages, and it was 
not known whether minimum wages were enforced. Afghan workers, 
especially those working illegally in the country, often were paid less 
than the minimum wage.
    The law establishes a maximum six-day, 48-hour workweek, with a 
weekly rest day, normally Friday, and at least 12 days of paid annual 
leave and several paid public holidays.
    According to the law, a safety council, chaired by the labor 
minister or his representative, protects workplace safety and health. 
Labor organizations outside the country have alleged that hazardous 
work environments were common in the country and resulted in thousands 
of worker deaths annually. The quality of safety regulation enforcement 
was unknown, and it was unknown whether workers could remove themselves 
from hazardous situations without risking the loss of employment.

                               __________

                                  IRAQ

    Iraq, with a population of approximately 27.5 million, is a 
republic with a freely elected government led by Prime Minister Nouri 
Jawad al Maliki. The current administration assumed office in 2006 
after the Council of Representatives (COR) approved a unity government 
composed of the major political parties. The 2005 COR elections 
establishing this government met internationally recognized electoral 
standards for free and fair elections, and the results of the elections 
reflected the will of the voters, according to the final report of the 
International Mission for Iraqi Elections.
    Since the second half of 2007 and during the year, the general 
security situation in the country substantially improved. Violence has 
decreased to the lowest level since 2004, although attacks on military, 
police, and civilians continued. According to Multinational Force-Iraq 
(MNF-I), civilian deaths from violence during the year fell 72 percent 
to approximately 15 per day; Iraqi Security Forces (ISF) deaths from 
violence fell by 57 percent to five per day, compared to the previous 
year. Successful ISF operations contributed to decreasing violence by 
establishing government control of areas previously dominated by Shia 
special groups and other extremists. Throughout the year the Shia 
militia Jaysh al-Mahdi (JAM) or Mahdi's Army reorganized, repudiating 
violence against Iraqis, and ``Sons of Iraq'' (SOI) neighborhood 
security forces--many affiliated with Sunni tribal groups--continued to 
combat insurgents and terrorists. These developments undermined the 
terrorist group al-Qa'ida in Iraq (AQI) and Sunni insurgent influence, 
contributing to even further reductions in violence.
    During the year, the Ministries of Interior (MOI) and Defense (MOD) 
increased the numbers of trained security forces. At the end of the 
year there were over 590,000 trained security forces, an increase from 
430,000 in November 2007. The strengthened ISF led successful 
operations, often jointly with the MNF-I, against insurgents and 
terrorists in Basrah, Maysan, Baghdad, Diyala, Ninewa, Qadisiyah, and 
Wasit Provinces. Civilian authorities generally maintained control of 
the ISF, although sectarian and party-affiliated militias, which 
sometimes controlled local security, at times failed to provide even-
handed enforcement of the law and acted independently. Although 
reduced, continuing violence, corruption, and organizational 
dysfunction undermined the Government's ability to protect human 
rights.
    During the year, the following significant human rights problems 
were reported: a climate of violence; misappropriation of official 
authority by sectarian, criminal, and extremist groups; arbitrary 
deprivation of life; disappearances; torture and other cruel, inhuman, 
or degrading treatment or punishment; impunity; poor conditions in 
pretrial detention and prison facilities; denial of fair public trials; 
delays in resolving property restitution claims; immature judicial 
institutions lacking capacity; arbitrary arrest and detention; 
arbitrary interference with privacy and home; other abuses in internal 
conflicts; limitations on freedoms of speech, press, assembly, and 
association due to sectarianism and extremist threats and violence; 
restrictions on religious freedom; restrictions on freedom of movement; 
large numbers of internally displaced persons (IDPs) and refugees; lack 
of protection of refugees and stateless persons; lack of transparency 
and widespread, severe corruption at all levels of government; 
constraints on international organizations and nongovernmental 
organizations' (NGOs) investigations of alleged violations of human 
rights; discrimination against and societal abuses of women, and ethnic 
and religious minorities; human trafficking; societal discrimination 
and violence against individuals based on sexual orientation; and 
limited exercise of labor rights.
    Insurgent and extremist violence, coupled with weak government 
performance in upholding the rule of law, resulted in widespread and 
severe human rights abuses. Although their influence and ability to 
attack was significantly weakened since 2007, terrorist groups such as 
AQI and other extremist elements continued to launch attacks against 
Shia and Sunnis, fueling sectarian tensions and undermining the 
Government's ability to maintain law and order. Extremist and AQI 
attacks against Sunni SOI and tribal leaders and offices rose during 
the year. Extremists and AQI also conducted high-profile bombings near 
Shia markets and mosques and killed Shia religious pilgrims. Shia 
militias and armed paramilitary groups, some substantially incorporated 
into the ISF, also frequently attacked civilians and government 
officials. Religious minorities, sometimes labeled ``anti-Islamic,'' 
were caught in the violence. Amidst attacks, Shia armed groups fought 
each other and against government forces for control of the nine 
provinces in the South, especially in Basrah. Insurgents also carried 
out a number of attacks against civilians and ethnic and religious 
minorities. During the year, despite some reconciliation and easing of 
tensions in several provinces, the Government's human rights 
performance consistently fell short of according citizens the 
protections provided for by the law.
    The constitution and law provide a strong framework for the free 
exercise of human rights. A major achievement was the passage of the 
Provincial Election Law on September 24 calling for provincial 
elections on January 31, 2009, in 14 majority-Arab provinces, with 
elections later in the year in the three Kurdish provinces and in 
Tameem (Kirkuk). As well, the adoption on November 16 by the COR of the 
law authorizing the establishment of the constitutionally mandated 
Independent High Commission for Human Rights marked a step forward 
towards the goal of building institutions to protect those rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--During the year, 
there were numerous reports that the Government or its agents committed 
arbitrary or unlawful killings in connection with the ongoing conflict. 
Security forces under government control killed armed fighters or 
persons planning to carry out violence against civilian or military 
targets. According to personal accounts and numerous press reports, 
these forces caused civilian deaths during these operations. The UN 
Assistance Mission for Iraq (UNAMI) cited reports that the ISF in 
January Basrah battles and April Sadr City battles against Shia militia 
failed to distinguish sufficiently between combatants and civilians, 
and often used disproportionate force.
    An extensive security operation in Diyala Province resulted in mass 
arrests, denial of due process, and credible reports of torture, some 
resulting in death. In one case, Sheikh Bashir, a Diyala community 
leader, was arrested by police in November and died in custody shortly 
thereafter. Government officials claimed he died from a pre-existing 
kidney condition, but his corpse had markings consistent with torture.
    With the increased exercise of central government authority over 
security forces, the phenomena of widespread and confirmed unauthorized 
government agent involvement in extrajudicial killings has ceased to 
reoccur. UNAMI did not report in its January-June Human Rights Report 
that there was involvement of ISF in extrajudicial killings in Baghdad, 
nor were there reports of MOI-affiliated death squads targeting Sunnis.
    In the central and southern parts of the country, successful 
government military operations against militia activity significantly 
reduced the ability of JAM and the Badr Organization of the Islamic 
Supreme Council of Iraq (ISCI) factions in the security forces to 
pursue political agendas. The change in leadership was not without 
disruption, however. On August 21, there were three attempts to kill 
General Sabah, the Provincial Chief of Police in Dhi Qar. Three Iraqi 
Police (IP) officers were arrested and charged with planting improvised 
explosive devices (IEDs). At year's end there was no further reported 
judicial follow-up.
    There was virtual impunity for officials tried for killings. In 
February 2007 several high officials in the Ministry of Health (MOH) 
who were JAM members--including Deputy Minister Hakim al-Zamili--were 
arrested and charged with organizing the killing of hundreds of Sunnis 
in Baghdad's hospitals. On March 2, their trial began after a month of 
delays due to the unavailability of witnesses. On March 3, the three-
judge panel, citing a lack of evidence, acquitted the defendants, who 
were released soon after. There were allegations of witness 
intimidation throughout the process. At year's end, an appeal by the 
prosecution was pending. According to local residents, in May 2007 
personnel wearing MOI police uniforms reportedly arrested and killed 16 
individuals in the Hay al-Amel neighborhood. MOI Internal Affairs and 
Hay al-Amel Chief of Police investigated but did not find any evidence 
to substantiate the reports. There were no further developments related 
to the investigations into 2006 killings of Sunni Arabs by MOI-
affiliated death squads.
    On August 24, seven men in military uniforms attacked the editor of 
the Kurdish monthly review Araa, Sadiq Jaafar Bashir, at his home in 
Baghdad, seriously wounding him and killing his sister, according to 
the international NGO Reporters Without Borders (RSF). There was no 
confirmation that the assailants were ISF; criminals have often 
disguised themselves in ISF or police uniforms
    Insurgent and terrorist bombings, executions, and killings were a 
regular occurrence throughout all regions and sectors of society. In 
Baghdad there were 92 persons killed in September, 86 in October, 82 in 
November, and 56 in December. The attacks were sometimes targeted at 
police stations or Army patrols, but often were indiscriminate, killing 
morning rush-hour commuters and market-goers. The Ministry of Human 
Rights (MOHR) annual report on Victims of Terrorism reported that 6,787 
civilians were killed by terrorist attacks during the year, and 20,178 
were wounded.
    On March 6, two bombings in Baghdad killed 70 civilians and wounded 
hundreds. On August 24, a suicide bomber targeted a group of Sunni 
sheikhs known for cooperating with Coalition Forces (CF) who were 
celebrating a release of a family member from prison, killing at least 
25 and wounding 29. On November 10, a roadside IED followed by a 
suicide bomber mingling in the crowd destroyed a minibus carrying 
school girls in Baghdad, resulting in 28 deaths. On August 28, the 
Karbala judiciary found JAM member Ali Abd al-Ta'an guilty of 
committing terrorist acts and sentenced him to death. Al-Ta'an 
confessed to multiple killings and involvement in the August 2007 
Shabaniyah violence.
    Incidents of terrorist attacks by female suicide bombers increased. 
On February 1, two female suicide bombers blew themselves up in pet 
markets in Baghdad, killing an estimated 100 civilians. On July 28, a 
female suicide bomber detonated her explosives in the middle of a 
public demonstration on the elections law in Kirkuk, killing 10 and 
wounding 40. The police then fired into the crowd to clear the crowd, 
causing 20 more deaths and 60 additional injuries. The UNAMI human 
rights report recorded 13 attacks by female suicide bombers between 
January and June in Baghdad, Diyala, and Karbala, which left 140 dead 
and 307 wounded.
    During the year insurgents, terrorists, and extremist group members 
beat, dismembered, beheaded, and electrically drilled and shocked their 
victims. On May 19, police found three unknown bodies in Kirkuk. 
According to the police, two of the victims were exposed to torture 
including burning with acid and gunshot wounds. The third body was 
beheaded. On July 27, Police found four unidentified bodies in Mosul. 
The bodies had been subjected to torture and chemical burns. On July 
23, the Iraqi NGO Constitutional Rights and Freedoms Observer reported 
that there had been a total of 1,538 unidentified bodies recovered 
between January and July, many bearing signs of torture. According to 
the NGO, the number of bodies found rose in the spring but has dropped 
since mid-year. Most of the bodies were found in Diyala and Baghdad.
    An estimated 1,900 ISF members were killed during the year. Police 
officers were particularly targeted. On February 25, a suicide bomber 
killed Major General Abdul Jabbar Muttar, the assistant police chief in 
Samarra in Salah al-Din Province. On June 22, a female suicide bomber 
killed seven and injured 10 police officers near a heavily fortified 
courthouse in central Baquba, in Diyala Province.
    Terrorists also targeted political institutions and leaders, 
religious institutions, and minorities. On March 17, a female suicide 
bomber killed 39 Shia worshippers near a mosque in Karbala. On April 
29, Dhia Jodi Jaber, a director general at the Ministry of Labor and 
Social Affairs (MOLSA), was killed by a roadside bomb outside his 
house. On July 28, three suicide bombers and a roadside bomb struck 
Shia pilgrims taking part in a religious procession in Baghdad, killing 
24 and wounding 72. On August 23, senior Ministry of Culture official 
Kamel Shiaa was shot dead in Baghdad. On October 9, Saleh al-Ugaili, a 
Sadrist parliamentarian, was killed along with two others in his convoy 
by a roadside bomb in Baghdad.
    AQI attacks against SOI and Sunni tribal leaders increased over the 
year. On February 11, twin car bombs targeted a meeting of Sunni tribal 
leaders killing 22, including Sheik Ali Hatem al-Sulaiman, deputy chief 
of Anbar's largest Sunni tribe and a leading member of the Anbar 
Awakening Council, and wounding at least 40. On June 26, a bomb 
exploded at a SOI meeting in the city of Garma in Anbar, killing 20 and 
injuring 27. On August 5, the convoy of senior SOI leader Sheik Ibrahim 
Karbouli came under attack resulting in his death along with six of his 
guards in an ambush south of Baghdad.
    There also were reports throughout the South that Shia militias and 
special groups increased their attacks seeking to intimidate government 
officials and influence government actions. On April 2, a roadside bomb 
exploded in Basrah, targeting Ministry of Defense (MOD) spokesman Major 
General Mohammed al-Askari and Basrah security chief Lieutenant General 
Mohan al-Firaji. One person was injured in this attack, which occurred 
a week after military operations began in Basrah. Shia militias also 
targeted other rival Shia groups. In June, the ISCI-affiliated Badr 
Organization reportedly launched new covert actions called ``the yellow 
way'' aimed at killing other Shia leaders, including journalists.
    In 2007, Shia militias and criminal gangs terrorized civilians in 
Basrah through a campaign of killings, intimidation, kidnappings, rape, 
and other abuses. There also were a series of killings and attempted 
killings by sniper fire of police and political figures in Basrah. 
Iraqi military operations in Basrah launched in March have reduced Shia 
militia and criminal gang attacks.
    A 2006 terrorist bombing, and one again in 2007, of the Al-Askariya 
Shrine in Samarra provoked a cycle of daily sectarian retaliatory 
attacks.
    On July 23, a bomb exploded in Kirkuk, killing 23 and wounding 98 
persons who were demonstrating against the provincial elections law. On 
December 11, at the end of a four-day Islamic holiday, a bomb exploded 
in a popular restaurant in Kirkuk, killing 100 and wounding 50. On 
December 22, ISF arrested a group of terrorists who confessed to the 
explosion. These attacks highlighted the tensions among Kurdish, Arab, 
and Turkmen residents of Kirkuk. Kirkuk is at the center of ongoing 
deliberations over the implementation of Article 140 of the 
constitution, which provided a December 31, 2007, deadline for a 
referendum over the future of disputed internal boundaries.
    In Erbil, Sulaymaniyah, and Dohuk, the three provinces comprising 
the majority of the area under the jurisdiction of the Kurdish Regional 
Government (KRG), there were significantly fewer reports of sectarian 
violence than elsewhere in the country.
    Unlike in the previous year, there were reports of KRG security 
forces using excessive lethal force. On August 17, residents of Sreshma 
village in Erbil demonstrated in favor of improved access to water. As 
they reached the Khalifan village mayor's office, the police opened 
fire, killing a 15-year-old bystander and injuring four others. The 
governor of Erbil suspended the head of the Khalifan police, and 
several police were imprisoned. Since both police and villagers were 
shooting, no individual was found responsible for the killing, and the 
police were released.
    During the year, terrorist attacks in the KRG were infrequent. On 
March 10, a car bomb killed two and injured dozens in the Sulaymaniyah 
city center. On March 20, 10 AQI-linked terrorists were arrested for 
involvement in the attack, including an alleged leader, Riyadh Jasim 
Nouri. Four terrorists, including Riyadh Jasim Nouri, were convicted 
and sentenced to death. There were no further developments at year's 
end.
    Since February Turkish ground forces entered KRG territory in 
northern Iraq targeting the terrorist group Kurdistan Workers' Party 
(PKK), leading to dozens of PKK casualties. On several occasions, 
Turkish and Iranian air forces bombed PKK sites. Beginning in March 
Iranian forces shelled areas in northern Iraq, which it claimed had 
been infiltrated by members of the Party of Free Life of Kurdistan 
(PJAK), an Iranian Kurdish separatist rebel group. Bombings in March 
and April led to forced displacement of 130 families fleeing the 
attacks. In December, the Pishdar District Mayor stated the district, 
with the assistance of UNHCR, is expected to build a new IDP camp for 
those fleeing the bombing in their villages. There were weekly reports 
of Turkish bombings throughout the year.
    Press reports on November 11 indicated that a court in Tikrit 
convicted and sentenced to death a Salah Al Din Provincial Council 
member, Abd Al Hadi Tameel Shindikh and his son, Mohammad, for the July 
2006 killing of Dr. Amina Al Rubaie, wife of Salah Al Din's governor, 
Hamid Hammoud Al Qaisi.
    During the year, there were no other known developments in the 
killings reported in section 1.a. in the previous year's report.
    Other parts of this report contain related information; see 
Sections 2.a., 2.c., and 2.d.

    b. Disappearance.--During the year kidnappings and disappearances 
remained a severe problem; many individuals disappeared and incidents 
of child kidnapping increased in the latter half of the year. Unlike in 
the previous year, the majority of the reported cases were not 
sectarian related. According to UNAMI's January-June human rights 
report and government sources, almost all of the cases during the year 
appeared to be motivated by monetary reasons. Police believed that the 
great majority of cases were unreported.
    According to the MOI, unlike in previous years, there were very few 
kidnappings by MOI personnel for ransom or sectarian motivations, and 
there were fewer reports that police arrested civilians without an 
arrest warrant and held them for ransom. UNAMI did not report any 
kidnappings by MOI personnel in its January-June human rights report.
    Kidnappings were often conducted for ransom, and religious 
minorities were often the target of such kidnappings. On July 9, two 
Shabak individuals, Luqman Hamza and Hayder Shahab, were allegedly 
kidnapped in Ninewa. They both were released four days later after a 
ransom payment of approximately $40,000 (approximately 47 million 
dinars). On August 28, police found the body of Tariq Al Katane, a 
Christian doctor, in Mosul. He had been kidnapped four days earlier, 
and his body showed signs of abuse and bullet wounds. During the year 
the police solved virtually none of these cases and rescued few 
kidnapped individuals. The MOI Human Rights office reported that it 
investigated 525 missing person cases during the year; results are 
pending.
    Incidents of political kidnappings occurred during the year. On 
February 28, Matar Thamer Muhyee, the director of the Basrah 
Electricity Department, was kidnapped. On April 6, seven workers from 
the Ministry of Energy were kidnapped in Balad. On May 17, Dr. Sabbar 
Abdallah, the director of the Tikrit teaching hospital, was kidnapped, 
along with his two aides. All were released after being held for two 
weeks.
    On February 10, men in security uniforms kidnapped Richard Butler, 
a British journalist working for CBS news, and his Iraqi interpreter in 
Basrah. The ISF freed the Iraqi interpreter a few days later and Butler 
on April 14.
    There was no further information available on the following 2007 
disappearances: five British men (a computer expert and four 
bodyguards) and acting undersecretary of the Ministry of Science and 
Technology Samir Salim al-Attar.
    By year's end there were no new developments in the following 2006 
disappearances: Ali al-Mahdawi, director of Diyala Health Directorate; 
Ahmed al-Mosawi, the head of the Iraq Human Rights Society; 
approximately 50 persons from the Salhiya neighborhood in Baghdad 
reportedly by assailants wearing police uniforms; and approximately 70 
Ministry of Industry and Minerals employees.
    Until its fall in 2003, the former regime caused the disappearance 
of many thousands of persons. Additional mass graves from that period 
were still being discovered during the year. In June, government human 
rights officials opened a mass grave in Najaf Province and examined the 
remains of over 170 Kurdish victims from 1984.
    There also were more recent mass graves. On March 26, villagers in 
Zahamm in Diyala province uncovered a mass grave of at least 52 persons 
killed by AQI during the last two years. On December 6, Iraqi officials 
discovered 27 bodies in two graves, one south of Baghdad and one near 
Tal Afar.
    In the first half of the year, UNAMI reported that between three to 
five unidentified bodies were found in Baghdad almost daily; however, 
the number of unidentified bodies discovered was lower than the 
previous year.
    Other parts of this report contain related information; see 
Sections 1.b. and 2.a.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution expressly prohibits torture in all its 
forms under all circumstances, as well as cruel, inhuman, or degrading 
treatment. During the year there were documented instances of torture 
and other abuses by government agents and similar abuses by illegal 
armed groups. The Government's effectiveness in adhering to the rule of 
law in these circumstances was hampered by ongoing large-scale 
violence, corruption, sectarian bias, and lack of civilian oversight 
and accountability, particularly in the security forces and detention 
facilities.
    During the year local and international human rights organizations 
and the MOHR continued to report torture and abuse in several MOI and 
MOD detention facilities, as well as in KRG security forces' detention 
facilities. In August, the MOHR reported that electricity and cold 
water, which leave few physical traces, were the most commonly used 
torture methods.
    Numerous and serious reports of torture and abuse were leveled at 
MOI's Kadhamiya National Police detention facility and the MOD/MOJ 
Harithiya facility in Baghdad. As in previous years, reports of abuse 
at the point of arrest and during the investigation period, 
particularly by MOI's National Police forces and MOD's battalion-level 
forces, continued to be common. Accusations included extreme beatings, 
sexual assault, and threats of death. In 2007, former detainees in MOI 
and MOD facilities reported that they suffered severe beatings, 
electric shocks, sexual assault, suspension by the limbs for long 
periods, threats of ill-treatment of relatives, and in some cases, 
gunshot wounds.
    On February 14, thousands of protestors reportedly called for 
Diyala provincial police chief, Ghanim al-Quraishi to be fired for 
several incidents of torture. An investigation begun in February 
resulted in his being relieved of duty in mid-August.
    There were other indications that disciplinary action was taken 
against security forces accused of human rights abuses. From 2006 to 
June, the MOI Internal Affairs, which has a staff of approximately 
2000, investigated and convicted 218 lower-level officers of human 
rights violations. According to MOI Internal Affairs, many officers 
accused of major violations are arrested and fired although when there 
is a lack of evidence, the officers are only transferred. During the 
year the MOI Human Rights office, with a staff of 50 investigators, 
opened 42 investigations into human rights abuse cases and sent 28 
cases to court for further investigation. At year's end 19 officers 
were being investigated. Several suspects have been convicted and 
sentenced, including high-ranking officials.
    In March 2007, joint British and Iraqi Special Forces raided the 
MOI National Iraqi Intelligence Agency headquarters building in Basrah 
and arrested an alleged death squad leader. The special forces found 30 
detainees with signs of torture. According to press reports, the Prime 
Minister's office stressed the need to punish the special forces that 
carried out the raid. Several Iraqi officers who participated in the 
raid were arrested and others fired, according to MOI Internal Affairs.
    There was little judicial follow-up in older torture cases. Four 
MOD officers in the Iraqi Army 24th Brigade in the 6th Division were 
implicated in the May 2007 torture and killing of a detainee. One 
arrest warrant was outstanding for a high-ranking IA official in 
connection with the case, but was not executed by year's end. In 
October 2007, arrest warrants were issued for Lieutenant Nabil Rahmin 
Ali for murder and manslaughter, but he fled Baghdad before it was 
executed. On March 4, 13, and 19, Brigadier General Nasser and Colonel 
Hassan were ordered to appear in court concerning Lt Nabil's escape. 
Neither man appeared; they were granted amnesty for allowing a suspect 
to escape after applying on March 17. Two IA officers were arrested in 
November 2007 in connection with the torture and murder charges; one 
was released in May, and one was still in custody at year's end. In 
June Lt. Nabil was found in Al Hillah and arrested. Despite the 
evidence against him, he was released on September 8.
    Abusive interrogation practices reportedly occurred in some 
detention facilities run by the KRG internal security (Asayish) forces 
and the KRG intelligence services. Allegations of abuse included 
application of electric shocks, suspension in stress positions, and 
severe beatings. In some cases, police reportedly threatened and 
sexually abused detainees, including juveniles, and also committed acts 
of torture, including beatings and use of drills.
    At year's end there were no new developments in the following 2006 
cases: Basrah police station torture chambers and a Mulla Eid mass 
grave. At year's end a National Police ``Lieutenant Colonel A,'' 
accused of assaulting and torturing dozens of Sunni captives in custody 
on behalf of a Shia militia at the ``Site 4'' Baghdad Central Detention 
Facility in 2006, was in government custody and awaiting trial in 
Baghdad (See Section 1.d.).

    Prison and Detention Center Conditions.--Despite a law mandating 
that detention facilities be under the sole control of the Ministry of 
Justice (MOJ), detention facilities were operated by four separate 
Ministries: MOJ, MOI, MOD, and MOLSA for juvenile detention. 
Additionally, the KRG Ministry of Labor and Social Welfare (MOLSW) 
operated prisons in the KRG, and the KRG MOI operated pretrial 
detention facilities. The KRG internal security (Asayish) forces and 
the KRG intelligence services operated separate detention facilities as 
well.
    At year's end there were 10 MOJ prisons and six pretrial detention 
facilities. The total number of MOI detention facilities was estimated 
to be six National Police facilities and 294 Iraqi Police facilities. 
Including police holding stations, there were estimated to be more than 
1,200 official MOI detention locations. The MOD operated 51 Iraqi Army 
(IA) pretrial detention centers for detainees captured during military 
raids and operations. Additionally, there were reports of unofficial 
detention centers throughout the country. Continued detention beyond 
the date of ordered release and unlawful releases, as well as targeting 
and kidnapping of Sunni Arab detainees, were reported. Kurdish 
authorities operated eight detention facilities that combined pretrial 
and post conviction housing and an additional eight internal security 
pretrial detention facilities.
    Treatment of detainees under government authority was generally 
poor, although MOJ prison and detention facilities and personnel 
(otherwise known as the Iraqi Correctional Services or ICS) generally 
met internationally accepted standards for basic prisoner needs. ICS is 
required to provide food for all detainees, although ICS did not pay 
for a food contract for facilities in Anbar Province until July 1. 
Previously detainees relied on food donations and other non-Iraqi 
government grants.
    The ICS internal affairs department monitored abuse or violations 
of international standards for human rights in prisons. Increased 
allegations of harassment and abuse have resulted in the disciplining 
of ICS officers in some cases. On August 12, according to the deputy 
minister of justice, there were allegations that 19 Iraqi correction 
officers (ICO) physically abused detainees being transferred to 
Kadhamiya Maximum Security Prison. The deputy minister investigated and 
determined 16 were innocent; the other three were transferred to 
prisons in Samawah, Nasiriyah, and Hillah, with the possibility of 
future criminal prosecutions. In August, the MOHR reported that 14 
deaths of detainees under investigation in 2007 were pending at year's 
end. Medical care in MOJ/ICS prisons was satisfactory and in some 
locations exceeded the community standard.
    Kadhamiya Female Prison, an ICS facility, was reportedly 
infiltrated by JAM and operated as a brothel at night. On August 22, 
the acting minister of justice acted to rectify the problem by 
relocating the inmates (174 females and 17 children) to a new female 
prison at the Rusafa Rule of Law Complex.
    Most detention facilities under MOI and MOD control did not meet 
international standards. Overcrowding remained endemic. Many lacked 
adequate food, exercise facilities, medical care, and family 
visitation. Detainee populations under government control, estimated at 
more than 40,000, were high due to mass arrests carried out in security 
and military operations. Limited infrastructure or aging physical 
plants in some facilities resulted in marginal sanitation, limited 
access to water and electricity, and poor quality food. Medical care in 
MOI and MOD detention facilities was not provided consistently, and 
rape, torture, and abuse, sometimes leading to death, have been 
reported in some facilities.
    During the year food, medical supplies, and hygiene conditions at 
the MOD detention facility in Abu Ghraib operated by the IA 24/6 
Brigade vastly improved. Overcrowding was reduced, and at the end of 
the year there were less than 200 detainees compared to 550 in July 
2007.
    During the year the Second National Police Detention Center in 
Kadhamiya, a neighborhood of northern Baghdad, which was built to hold 
approximately 350 persons, was overcrowded. By year's end the detention 
facility held a population of approximately 625. Partially treated 
wounds, skin diseases, and unsanitary conditions were common, as was 
extortion by guards. Former and current detainees at Kadhamiya alleged 
that they were tortured while in the facility. Several investigations 
were launched with evidence from the MOHR and were pending at year's 
end.
    The law mandates that women and juveniles be held separately from 
men. While this law is generally upheld, in some cases women were 
housed in the same detention facility as men. Juveniles were also 
occasionally held with adults. A number of juvenile detainees, mostly 
young teenagers, alleged sexual abuse at the hands of MOI and MOD 
personnel and adult prisoners. Additionally pretrial detainees and 
convicted prisoners were often held in the same facility due to space 
limitations.
    MOLSA's juvenile facilities lacked adequate resources and space and 
did not adequately support rehabilitative programs. On July 13, 
international media reported that two Sunni juveniles were killed in 
the facility, but these allegations were unsubstantiated by 
investigations. There have been other allegations of torture but no 
confirmed cases. There were no reports by juvenile detainees of abuse 
or torture cases in MOLSA facilities. According to MOLSA officials, 
children were often abused and tortured during interrogation while 
detained by MOI and MOD security forces, particularly by National 
Police, before their transfer to MOLSA facilities.
    National detention facilities permitted visits by representatives 
of the national MOHR and KRG detention facilities permitted visits by 
the KRG MOHR. In accordance with a prime ministerial directive, the 
national MOHR continued its own inspection program inspecting every 
detention facility monthly, apart from those run by the KRG, and 
published its second annual report on the state of detention 
facilities. The report addressed general conditions and populations of 
detention facilities, judicial processes, and torture allegations. It 
reported 112 confirmed cases of torture or abuse within the MOI, 69 
cases within the MOD, 107 cases in KRG facilities, and no cases in the 
MOJ. The cases are being investigated by the HJC. The report was 
generally critical of prison standards across the country.
    The KRG minister for human rights visited several KRG MOLSA 
detention facilities during the year; however, a report was not 
available at year's end. The KRG intelligence services reportedly 
maintained separate detention facilities; however, there were no 
reports of access by independent organizations to these facilities. On 
August 2, the Kurdish newspaper Hawlati reported that prisoners and 
detainees face sexual abuse, lengthy detentions without trial, and 
risks of disappearing in KRG detention facilities.
    Domestic and international human rights NGOs and intergovernmental 
organizations did not generally have access to national MOI detention 
and pretrial facilities or to similar facilities of the KRG internal 
security (Asayish) and intelligence forces. Only the International 
Committee of the Red Cross (ICRC) inspected several detention 
facilities and prisons under the MOI, MOD, and MOJ around the country 
and had access to KRG detainees, some of whom were held in Asayish 
facilities. The ICRC visits to these facilities were in accordance with 
standard modalities. During the first half of the year, UNAMI reported 
visits to four prison and detention facilities in Baghdad and Anbar, 
and 17 facilities in the KRG.
    Other parts of this report contain related information; See 
Sections 1.d. and 5.

    d. Arbitrary Arrest or Detention.--The constitution provides for 
protection against arbitrary arrest and detention without a warrant, 
except in extreme exigent circumstances as provided for in a state of 
emergency. In practice, there were a number of instances of arbitrary 
arrest and detention. On April 1, a prime ministerial order to all 
security agencies forbade any raids or arrests without prior warrants. 
In practice, the order was frequently not followed.

    Role of the Police and Security Apparatus.--The ISF were composed 
of MOI security forces and the MOD military forces. The MOI exercised 
its responsibilities throughout the country, except in the KRG area. 
These responsibilities included providing internal security through 
police and domestic intelligence capabilities, facilities protection, 
and regulating all domestic and foreign private security companies. ISF 
also had responsibility for emergency response, border enforcement, 
dignitary protection, firefighting, and internal monitoring of the 
conduct of MOI personnel. The army, under direction of the MOD, also 
played a part in providing domestic security. In an effort to 
strengthen IA leadership, the Government began a recall effort to 
attract former IA officers and NCOs to return to service. The 
expectation was that most of the 114,000 officers and NCOs from the 
former army registered through this process would be processed for 
formal retirement and a smaller number brought back to service to fill 
identified skill deficiencies in the IA.
    The MOI security forces included several components: the 280,000-
member Iraqi Police Service deployed in police stations; the 41,000-
member National Police, overwhelmingly Shia and organized into 
commandos and public order police; the 40,000-member Border Enforcement 
Police, as well as the 83,000 Facilities Protection Service security 
guards employed at MOI direction at individual ministries. The MOI was 
responsible for approximately 500,000 employees, nearly 10 percent of 
the country's male labor force.
    Unlike in previous years, there were improvements within the 
security services in militia integration into the ISF, strengthened 
chain of command and control, and personnel and equipment shortages. 
Total trained ISF numbers grew to at least 590,000 from 430,000, which 
allowed ISF to successfully pursue military operations against 
extremist activity around the country and particularly in Baghdad. The 
overall security situation improved as oversight by MOI and MOD 
Internal Affairs increased. A November study by researchers from the 
College of William and Mary found that the MOI was making meaningful 
reform efforts and is substantively addressing problems of lack of 
efficiency, effectiveness, accountability, and professionalism. Some 
problems continued, however, with all security services regarding 
sectarian divisions, corruption, and unwillingness to serve outside the 
areas in which they were recruited.
    The inability of the overwhelmingly Shia ISF to retain Sunni 
personnel and convince Sunni communities that they were not biased in 
their enforcement was a problem. However, the GOI's commitment to 
assume payment for approximately 94,000 ``Sons of Iraq'' neighborhood 
security forces, largely Sunni tribesmen and former insurgents, with a 
commitment to integrate 20 percent of them in to the ISF, was a 
positive development. At the end of the year, SOI transition was 
ongoing in Baghdad Province, with preparations underway for transition 
elsewhere in the country. The targeting of members of the SOI for 
arrest in connection with previous insurgent or Ba'athist activity 
hampered effectiveness.
    The KRG maintained its own regional security forces as set forth in 
the constitution. Pending further progress on implementing the 
Unification Plan for the KRG, the two main parties of the Kurdish 
region maintained MOI Peshmerga units as regional guards outside the 
control of the KRG, internal security units (Asayish), and intelligence 
units. KRG security forces and intelligence services were involved in 
the detention of suspects in KRG-controlled areas. The variety of 
borders and areas of authority remained a cause of confusion, and 
therefore concern, with regard to the jurisdiction of security and 
courts.
    The KRG functioned with two party-based Ministries of Interior. The 
PUK Party controlled the Ministry with oversight of the province of 
Sulaymaniyah, and the KDP controlled the Ministry with oversight of the 
provinces of Erbil and Dohuk. KRG officials stated that unification of 
the party-based Ministries of Interior was their goal but missed two 
self-announced deadlines for doing so during the year.
    Authorities often did not maintain effective control over security 
forces despite increased efforts. MOI security force effectiveness, 
particularly the National Police, was seriously compromised, although 
less frequently than the previous year, by militias, sectarianism, and 
political party influences. Rampant corruption, organized criminality, 
and serious human rights abuses were embedded in a culture of impunity.
    Unlike the previous year, there were new mechanisms to investigate 
and punish abuse and corruption, but their effectiveness in holding 
high-level officials accountable for serious violations remained 
unproven. On April 17, the MOI established an internal criminal court 
system to try crimes committed by MOI officials, and the first cases 
were heard in July. There are five regional courts in: Erbil, Mosul, 
Baghdad, Hillah, and Basrah. All have conducted trials. There is a 
cassation court to hear appeals in Baghdad. By year's end, the five 
regional courts had reviewed 1,315 cases, returned 655 cases for 
further investigation, completed 314 cases, and have 346 cases pending. 
The officials convicted ranged from officers to police. In November, 
the court had convicted and sentenced 69 officials to jail and fined 
one official. In December, the court convicted and sentenced three 
officials to between five and 15 years, two officials to one to five 
years, and 91 officials to less than a year in jail, and fined one 
official.
    Between January and June, MOI Internal Affairs opened 3,539 
investigations and closed 3,369 of the cases. The MOI fired 499 MOI 
personnel as a result of the investigations. By September MOI Internal 
Affairs investigations between January 2006 and June had resulted in 
2,529 firings or forced retirements, 3,283 arrest warrants, 2,475 
disciplinary actions, 149 arrests for bribe-taking police officers, and 
218 convictions. Over the past several years, members of the MOI 
Internal Affairs staff have been targeted for assassination. The head 
of MOI Internal Affairs has faced 13 assassination attempts. The MOI 
director general of internal affairs reported there had been 288 cases 
of human rights violations and that 180 corruption cases were referred 
to the Commission of Integrity (COI). On September 4, the inspector 
general of the MOI reported that the IG office has 384 cases under 
investigation and referred 49 to the COI for further investigation 
during the year. The IG office recovered almost 610 million dinars 
(approximately $520,000) from salaries from nonexistent employees 
within the MOI. The MOI appointed a director general for human rights 
in August; the directorate conducted 42 investigations into human 
rights violations during the year.
    In an environment lacking convictions of allegations, there were 
fewer allegations of MOD abuses during the year than in the previous 
year. There were continuing reports of torture and abuse throughout the 
country in many police stations; the incidents generally occurred 
during the interrogation phases. MOI employees accused of serious human 
rights abuses were often transferred rather than fired or arrested.
    During the year several members of the security forces were tried 
or convicted in judicial or internal courts in connection with alleged 
violations of human rights, but most were not held for more than a few 
days or weeks. Many of the officials accused of killings and torture in 
the 2005 Jadriyah bunker incident have returned to work in the 
Government. Following the 2006 discovery by a joint inspection team of 
the abuse at the ``Site 4'' facility in Baghdad, arrest warrants were 
issued in 2006 for over 50 suspected abusers. However, the MOI executed 
only three of the arrest warrants by year's end, and there were no 
trials or convictions (See Section 1.c.).
    Investigative judges rarely referred security force officials to 
the Central Criminal Court of Iraq because of Section 136 (b) of the 
Criminal Procedure Code, which stipulates that such referrals are 
possible only with the permission of the minister responsible for the 
suspect. Permission was only given during the year for lower-level 
officials.

    Arrest and Detention.--The constitution prohibits ``unlawful 
detention'' and mandates that preliminary investigative documents be 
submitted to an investigative judge within 24 hours from time of 
arrest, a period which can be extended only by one day. For offenses 
punishable by death, the defendant can be detained for as long as 
necessary to complete the judicial process. Under a state of emergency, 
the Prime Minister has the authority under ``extreme exigent 
circumstances'' to provide authorization for suspects to be detained 
and searched without an arrest warrant. Law enforcement authorities 
reportedly continued to detain and search individuals without an arrest 
warrant after the state of emergency expired in April 2007, although 
there were no reliable statistics available on such incidents.
    In practice police and army personnel frequently arrested and 
detained suspects without judicial approval. Security sweeps sometimes 
were conducted throughout entire neighborhoods, and numerous persons 
were reportedly arrested without a warrant or probable cause. Police 
often failed to notify family members of the arrest or location of 
detention, resulting in incommunicado detention.
    At the end of the year the number of non-Coalition detainees in the 
country was estimated at 40,000, the great majority being Sunni. The 
ICS held 19,766; the MOI, unverified but estimated at 19,000; the MOD, 
2,388; and the MOLSA, approximately 800. The KRG total was 
approximately 2,200, not including central government facilities 
located in the KRG or Asayish and KRG intelligence service facilities.
    In practice few detainees saw an investigative judge within the 
legally mandated time period. Many complained of not seeing the 
investigative judge until months after arrest and detention. In some 
cases, individuals identified as potential witnesses were also detained 
for months. Incommunicado detention took place. Lengthy detention 
periods without judicial action were a systemic problem. The lack of 
judicial review was due to a number of factors, whose relative weight 
was difficult to assess, but included undocumented detentions, backlogs 
in the judiciary, slow processing of criminal investigations, and a 
grossly insufficient number of judges. As of June, fewer than half of 
detainee cases went before a judge within a year of detention.
    There were a number of reports that KRG detainees were held 
incommunicado. KRG internal security units reportedly detained suspects 
without an arrest warrant and transported detainees to undisclosed 
detention facilities. There were reports that detainees' family members 
were not allowed to know their location or visit them. Reportedly 
police across the country continued to use coerced confessions and 
abuse as methods of investigation.
    The law allows release on bond, and in practice criminal detainees 
were generally allowed to be released after paying bail, pending the 
outcome of a criminal investigation.
    Judges are authorized to appoint paid counsel for the indigent and 
did so in practice; however, some attorneys appointed to represent 
detainees complained that poor access to their clients after their 
appointment hampered adequate attorney-client consultation.
    There were continued reports that MOI detention facility personnel 
took bribes in exchange for releases. Guards at the MOI's Second 
National Police Detention Center in Baghdad and other officials were 
reportedly asking families for 1170 to 2340 dinars (approximately $1000 
to $2000) to free their relatives. According to MOI internal affairs, 
the bribe amounts were significantly lower than in the previous year.

    Amnesty.--The COR passed a general Amnesty Law on February 13. 
Instructions from the Higher Judicial Council (HJC) implementing the 
law became effective on February 27. The law was published in the 
Official Gazette on March 3. Pursuant to the law, the HJC formed 
amnesty committees in each province headed by four judges and a 
prosecutor to review all detainee cases and, where appropriate, 
recommend release. The law, designed to foster national reconciliation 
since detainees are disproportionately Sunni Arab, allowed amnesty for 
cases predating the passage of the law. It was not applicable for 
detainees sentenced to death and excluded from amnesty other specified 
crimes, such as murder and acts of terrorism. At the end of the year 
the HJC had reviewed over 156,000 cases and granted amnesty in over 
23,600 cases affecting individuals held in pre- or post-trial 
confinement, which relates to an estimated 20,000 detainees (some 
detainees have multiple cases). At the end of the year, there were 
approximately 7,500 releases, according to data from the Ministry of 
Human Rights.
    In April 2007, the Kurdistan National Assembly passed a General 
Amnesty Law for the KRG. The KRG minister of human rights reported on 
December 16 that over 660 of the approximately 4000 detainees had been 
amnestied.
    Other sections of this report contain related information; See 
Sections 2.a. and 2.d.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary. Although the judicial system was credited with 
efforts to maintain an independent stance, unstable circumstances in 
the country, as well as the law, made the judiciary weak and dependent 
on other parts of the Government. Threats and killings by insurgent, 
sectarian, tribal, and criminal elements caused fear of retribution, 
impairing judicial independence in virtually all provinces. The MOI 
agreed to supplement security for judges.
    Judges frequently faced death threats and attacks. The MOHR 
reported in its annual Victims of Terrorism report that 10 judges and 
86 lawyers were killed during the year, an increase from five judges 
killed in 2007 and seven in 2006. Other international reports indicate 
that six judges were killed during the year. On January 14, Appeals 
Court Judge Amir Naeib was assassinated on his way to work in Baghdad. 
On June 26, Judge Kamil Al-Showaili, President of the Rusafa Court of 
Appeals, was assassinated after leaving the Rusafa Rule of Law Complex 
in his unarmored car. On June 30, there were five assassination 
attempts against five judges from the Rusafa Court of Appeals when 
bombs detonated outside their homes in Baghdad. The judiciary suffered 
from a severe shortage of security and other support for judges, which 
has contributed to major deficiencies in the rule of law.
    While individual judges were generally viewed as objective and 
courageous, judges also were vulnerable to intimidation and violence. 
In Ninewa, the only convictions made in such crimes during the year 
were by traveling judges from Baghdad. In Wasit, investigative judges 
refused to issue arrest warrants for terrorists. There were reports 
that criminal cases at the trial level or on appeal to the Court of 
Cassation were decided by corruption or intimidation. There were also 
reports that court-issued detainee release orders were not consistently 
enforced.
    Security threats hindered the ability of citizens to access courts 
and the judicial system. Witness intimidation continued, and witnesses 
to criminal trials often failed to attend trials and testify due to 
threats against them.
    The law also restricted the free investigation of wrong-doing. 
Ministers were afforded the opportunity to review and prevent the 
execution of arrest warrants against ministry employees lawfully issued 
by sitting judges presiding over criminal investigations. This 
provision provided immunity to selected government employees and 
enabled a component of the executive branch to terminate proceedings 
initiated by the judicial branch.
    On December 14, Human Rights Watch (HRW) reported that the Central 
Criminal Court-Iraq failed to meet basic international fair trial and 
due process standards. The report documented lengthy delays before 
detainees face a judge, low standards of evidence, and inadequate 
access to legal representation.
    The judiciary at all levels--investigative, trial, appellate, and 
supreme--is managed and supervised by the Higher Judicial Council 
(HJC), an administrative body of sitting judges from the Federal 
Supreme Court, the Court of Cassation, and the appeals courts. 
Representatives of the Office of the Public Defender, a judicial 
oversight board (that hears charges of misconduct by judges), and 
regional judicial councils also sit on the HJC. Unlike the formal 
courts, the HJC does not investigate and adjudicate cases involving 
criminal conduct or civil claims.
    The constitution provides for an independent judiciary in all 
regions. In November 2007, the KRG passed the Judicial Power Law of 
2007, which attempted to create a more independent judiciary. The 
Kurdish Judicial Council (KJC), which had been part of the KRG 
executive branch's MOJ, became legally independent and took 
responsibility for the creation of its own budget, human resource 
management, and reporting. The KRG MOJ no longer has direct operational 
control over the judiciary, the KRG Ministry of Finance relinquished 
control of the KJC's budget, and the chief justice was appointed by 
other judges and not by the executive branch. The executive's influence 
has been important in politically sensitive cases such as freedom of 
speech and the press.
    The judicial system includes civil courts that address domestic, 
family, labor, employment, contract, and real and personal property 
claims. Challenges to the judgments rendered in these civil proceedings 
are first taken to the appeals courts of the provinces in which the 
trial courts sit; after that, secondary appeals may be made to the 
Court of Cassation.
    In addition to the criminal and civil trial and appellate courts, 
the court system includes a Federal Supreme Court, the jurisdiction of 
which is limited to resolving disputes between branches of government, 
between the Federal Government and the provinces (governorates), and 
reviewing the constitutionality of laws, regulations, procedures, and 
directives of the various branches and units of government throughout 
the country. The Presidency Council appointed the nine members of the 
Federal Supreme Court.
    At the end of the year the HJC reported a total of approximately 
1,200 judges and prosecutors. There were 673 courts throughout the 
country: 16 appeals courts, 19 criminal courts, 17 juvenile courts, 15 
labor courts, 15 commerce courts, 137 civil courts, 138 family affairs 
courts, 136 misdemeanor courts, 148 investigative courts, 16 Central 
Criminal Courts, 13 central investigative courts, and three customs 
courts.
    In 2003, the Governing Council created the Iraqi High Tribunal 
(IHT), formerly the Iraqi Special Tribunal, to try persons accused of 
committing war crimes, genocide, crimes against humanity, and specified 
offenses from July 17, 1968, through May 1, 2003. After a trial, the 
IHT in 2006 sentenced former dictator Saddam Hussein to death based 
upon his conviction for crimes against humanity relating to the killing 
of 148 villagers from Al-Dujayl following an alleged assassination 
attempt against him in 1982. Two other regime members, Barzan al-
Tikriti and Awad al-Bandar, were also convicted and sentenced to death 
at the same time for similar crimes. The verdicts were confirmed on 
appeal. Saddam Hussein was executed in 2006. Al-Tikriti and al-Bandar 
were executed in January 2007.
    In June 2007, in the Anfal Trial, Ali Hassan al-Majid, widely 
referred to as ``Chemical Ali,'' and two codefendants, Sultan Hashem 
Ahmed and Hussein Rashid Mohammed, were convicted of genocide and 
related charges and sentenced to death. The sentences were upheld on 
appeal. Codefendants Farhan Jubouri and Saber Abdel Aziz al-Douri were 
sentenced to life imprisonment, and Taher Tawfiq al-Ani was acquitted. 
The Anfal trial, which concluded in June 2007, concerned the deaths of 
an estimated 182,000 Kurdish men, women, and children, in part by the 
use of chemical weapons. The death sentences have not been carried out 
at year's end because of a dispute between the Prime Minister's office 
and the Presidency Council (the President and two deputy Presidents) 
over whether the sentences have to be affirmed by the Presidency 
Council.
    In August 2007, the IHT began its third trial, the 1991 Intifada 
case, in which 15 defendants were charged with crimes against humanity 
in the Maysan and Basrah Provinces. The 15 defendants are former high-
level members of the former regime and key military and Ba'ath Party 
officials, including ``Chemical Ali'' (Ali Hasan Al-Majid). The 
prosecution's closing arguments were heard September 3, and the 
defendant's closing arguments were made October 19-23. On December 2, 
the IHT sentenced al-Majid and Abdul Ghani Abdul Ghafour to death. 
Former minister of defense, Sultan Hashim Ahmad al-Tai, was sentenced 
to 15 years (al-Tai already had been sentenced to death for his role in 
Anfal). The sentences were submitted for appellate review. Four 
defendants received life sentences, Sultan Hashim and five others were 
sentenced to 15 years imprisonment, and three defendants were acquitted 
of all charges. The events in other provinces involving the 1991 
Intifada are still under investigation and have yet to be referred to 
trial.
    In April, the IHT began its fourth trial, the merchants' case, 
where in 1992 the former regime blamed merchants for shortages and high 
prices. At that time a ``Special Court'' was convened and 42 merchants 
brought before the court were convicted and executed within a matter of 
hours. The eight defendants include former deputy prime minister Tariq 
Aziz.
    On July 21, the IHT began its fifth trial, the Friday Prayers 
trial, involving the 1999 Shia protests following the killing by 
Sadddam's agents of the Shia leader and father of Muqtada, Mohamed 
Sadiq al-Sadr. The protests in Baghdad, Maysan, Basrah, and Muthanna 
were brutally quashed by the 3rd and 4th Iraqi Army Corps, overseen by 
Ali Hassan al-Majid. Fourteen defendants, including Ali Hassan al-Majid 
and Tariq Aziz, are standing trial. The prosecution presented its case 
at year's end, and the defendants are scheduled to present their 
evidence subsequently.
    Two additional cases were referred to the trial chamber. The 
Halabja case, which includes five defendants and began on December 21, 
involves the chemical attacks on the Kurdish town of Halabja that 
resulted in the death of over 5,000 civilians. On December 28, the 
trial of 25 defendants who are part of the former regime and were 
allegedly involved in the persecution of DAWA party members began.
    In addition to the two new trials in December, three additional 
cases are scheduled to begin in early 2009. These cases are the Fayli 
Kurd case, the Ethnic Cleansing case, and the Barzani Clan case.
    During the year investigations continued into a number of crimes 
allegedly committed by members of the former regime, including other 
atrocities following the 1991 uprising, the draining of the southern 
marshes, and the invasion of Kuwait. The IHT has also dropped charges 
against some detainees.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and judges--investigative, trial, and appellate--generally 
sought to enforce that right. An accused person is considered innocent 
until proven guilty and has the right to privately-retained or court-
appointed counsel. One of the significant challenges facing the 
criminal trial courts, however, was insufficient access to defense 
attorneys. Defense attorneys theoretically were provided, but detainees 
rarely had access to them before the initial judicial hearing. Many 
detainees met their lawyers for the first time during the initial 
hearing. Most of the time defense attorneys were provided at public 
expense if needed. On May 12, the Rusafa Legal Defense Center opened at 
the Rusafa Prison Complex in Baghdad providing 25 attorneys to assist 
7,500 detainees. On average the attorneys consult with 83 detainees per 
day, for four days a week. Since May, the attorneys have met with 6,129 
detainees including 62 female detainees held at the Rusafa women's 
prison.
    The criminal justice system is based on a civil law regime similar 
to the Napoleonic Code. It is fundamentally inquisitorial--and not 
adversarial--in form and content. The system is focused centrally on 
the search for the truth, initiated and pursued almost exclusively by 
judges, whose role is to assemble evidence and adjudicate guilt or 
innocence.
    Investigative judges, working collaboratively with judicial 
investigators, and in some cases police officers, are responsible for 
interviewing witnesses, assembling evidence, examining suspected 
criminals, and generating files on the results of the investigative 
work. Although prosecutors and defense attorneys frequently 
participated in these pretrial investigative hearings, their roles 
were, for the most part, limited to recommending the pursuit of certain 
lines of investigation, including posing suggested questions of 
witnesses and detainees. They rarely appealed decisions of judges about 
the manner and scope of their investigations.
    Three-judge panels are responsible for trying the accused persons 
in trials open to the public, based largely on the results of judicial 
investigations. During those trials the presiding judges question the 
accused detainees; witnesses may testify at these proceedings. The 
prosecutor and the defense attorney can make brief closing statements.
    After deliberation among the members of the panel, the presiding 
judge announces the verdict and, in the case of a conviction, the 
sentence. Criminal judgments of conviction and acquittal may be 
appealed to the Court of Cassation, a judicial panel that reviews the 
evidence assembled in the investigative and trial stages and renders a 
decision.
    The constitution provides for the establishment of military courts, 
but only military crimes committed by the armed forces and the security 
forces may come before such courts.

    Political Prisoners and Detainees.--Unlike in 2007, there were some 
reports of political prisoners detained during the year. During a major 
security operation in Diyala Province launched by the Government in 
August, an estimated 97 percent of the approximately 1,600 security 
detainees were Sunni Arabs. In this operation a number of prominent 
members of the province's Sunni Arab political establishment were 
arrested, prompting complaints from Sunni Arabs that the Government was 
pursuing sectarian political objectives rather than counterterrorist 
objectives. Sunni Arabs make up around 60 percent of the province's 
population. The most prominent detainee was a Diyala Provincial Council 
member, who remains in custody without trial and without access to 
legal representation. The Government stated that a rogue unit conducted 
the arrests, and it would investigate the situation. Some of the Sunni 
Arab detainees were released, but approximately 300 remain in 
detention. No further developments in the investigation have been 
reported.
    On December 18, approximately 24 MOI officials were accused of 
allegedly plotting a coup against the Government and were arrested 
reportedly by the Prime Minister's Counter-Terrorism Bureau. Most of 
the MOI officials arrested were low-level traffic police. A judge found 
no evidence to the allegations and ordered their release after two days 
in detention. The MOI reported that all 24 were released on December 
20.
    There was scant information concerning persons detained in Kurdish 
detention facilities.
    The Political Prisoners Organization, a quasi-governmental 
organization with 500 employees, worked on behalf of Saddal-era 
political prisoners to reintegrate them into society and the work 
force. It provided former prisoners with monthly stipends of 500,000 
dinars (approximately $430) and is generally considered to be an 
effective organization.

    Civil Judicial Procedures and Remedies.--The legal framework 
exists, as well as an independent and impartial judiciary, for dealing 
with civil issues in lawsuits seeking damages for, or cessation of, 
human rights violations. Administrative remedies also exist. However, 
during the year the priorities of an understaffed judiciary and 
government administration focused on issues more directly related to 
security, and these procedures and remedies were not effectively 
implemented.

    Property Restitution.--There was a problem with serious delays in 
adjudicating claims for property restitution. The Commission for the 
Resolution of Real Property Disputes (CRRPD), formerly the Iraq 
Property Claims Commission, is governed by a 2005 law and is an 
independent governmental commission. Its purpose is to resolve claims 
for real property confiscated, forcibly acquired, or otherwise taken 
for less than fair value by the former regime between 1968 and 2003, 
for reasons other than land reform or lawfully applied eminent domain. 
The CRRPD process is intended primarily to benefit those whose land was 
confiscated for ethnic or political reasons as part of the former 
regime's ``Arabization'' program and other policies of sectarian 
displacements. The previously announced deadline for filing claims of 
June 2007 was extended and remained open at year's end.
    By year's end the CRRPD received over 164,000 claims nationwide. To 
date, the CRRPD reportedly has resolved over 67,000 claims nationwide 
of which over 10,000 relate to Kirkuk. The claims were handled on a 
case-by-case basis through a technically complex process, but most 
claims were resolved in a matter of months. There is a CRRPD appellate 
commission in Baghdad comprised of seven judges. Since 2003, some Arabs 
previously settled in the Kirkuk region by Saddam's anti-Kurdish 
policies (wafadin) have returned to their prior homes in the center and 
south of the country and have applied for compensation. As of December 
4, 24,250 wafadin have applied for compensation to the Article 140 
committee, which resolves claims for wafadin who seek compensation for 
returning to their original provinces. Approval for compensation has 
been given to 16,500, and 8,602 wafadin have received compensation, and 
in theory, have returned to their original provinces.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution mandates that homes not be entered or 
searched except with a judicial order issued in accordance with the 
law. The constitution also prohibits arbitrary interference with 
privacy. In practice, security forces often entered homes without 
search warrants and took other measures interfering with privacy, 
family, and correspondence.
    Under the constitution the COR may consent to a state of emergency 
upon the joint request of the President and the prime minister. Under 
this authority the prime minister may authorize authorities to detain 
suspects and search them, their homes, and their work places. The law 
provides that all such actions must be pursuant to an arrest or search 
warrant unless there are extreme exigent circumstances. The state of 
emergency lapsed in April 2007 and was not renewed by year's end; 
however, there were reports that law enforcement activities often 
continued as if the state of emergency was still in effect. The police 
were instructed to comply with legal warrant requirements but 
reportedly often entered homes without search warrants.
    In the KRP-controlled provinces, there was pressure on citizens to 
join the PUK party in the province of Sulaymaniyah, and the KDP party 
in the provinces of Erbil and Dohuk.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution broadly provides 
for the right of free expression, provided it does not violate public 
order and morality. Despite this protection of freedom of expression, 
the law provides, if authorized by the prime minister, for fines or a 
term of imprisonment not exceeding seven years for any person who 
publicly insults the COR, the Government, or public authorities. In 
practice the main limitation on the exercise of these rights was self-
censorship due to fear of reprisals by insurgent and sectarian forces.
    The law prohibits reporters from publishing stories that defame 
public officials. Many in the media complained that these provisions 
prevented them from freely practicing their trade by creating strong 
fears of persecution. There was widespread self-censorship.
    The law restricts media organizations from incitement to violence 
and civil disorder, and expressing support for the banned Ba'ath Party 
or for ``alterations to Iraq's borders by violent means.''
    There were several hundred daily and weekly publications, as well 
as dozens of radio and television stations at the national, regional, 
and local levels, broadcasting in Arabic, Kurdish (two dialects), 
Turkmen, and Syriac. Political parties strongly influenced virtually 
all media. For private media, sales and advertising revenues typically 
did not produce a reliable income stream, and lack of a constant power 
supply was often a problem.
    The Government acted to restrict freedom of expression in some 
circumstances. On March 3, the Journalists' Freedom Observatory 
reported that IA members physically abused reporters covering a Baghdad 
car bombing and confiscated their cameras. On September 3, the press 
reported that the governor of Babil restricted journalists from 
covering a public protest by civil servants. Also on September 3, 
according to press reports, guards of the minister of science and 
technology physically abused and detained briefly a correspondent of 
the al-Sumeria channel in Baghdad. The Government's 2007 closure of the 
Baghdad office of the Dubal-based independent Al-Sharqiya satellite 
television channel continued, although the channel's informal office in 
the KRG continued to operate.
    In February 2007, interior ministry forces arrested 11 media 
workers at the Baghdad offices of Wasan Media and charged them with 
inciting terror. They had supplied video footage of a controversial 
interview with Sabrine al-Janabi, a citizen allegedly raped by police 
officers in February, to the Al-Jazeera satellite news television 
channel which continued to be banned from operating in the country. 
Wasan Media officials denied the accusations. In August 2007, a judge 
dismissed the charges, and nine of the 11 media workers were released. 
There was no update at year's end on the two who remained imprisoned.
    Media workers often reported that politicians pressured them not to 
publish articles criticizing the Government. There were numerous 
accounts of intimidation, threats, and harassment of the media by 
government or partisan officials. The threat of legal action was used 
actively against media workers. On January 27, the editor-in-chief of 
Al-Sabah newspaper fired several editors on requests from COR members 
after the newspaper published several articles criticizing 
representatives' salaries and other financial benefits. On February 20, 
journalists in Basrah reported that the governor threatened a 
journalist for criticizing conditions in Basrah. Security forces 
frequently harassed local journalists. On October 9, 35 journalists 
were detained inside the COR for one hour after they filmed an argument 
between parliamentarians.
    Print publications and broadcast media were a primary source of 
news and public discourse in the KRG provinces; however, almost all 
media outlets were controlled or funded by the major political parties 
and followed party lines in their publications and broadcasts. On 
September 22, the KRG approved a KRG press law abolishing jail terms 
for defamation.
    The KDP sponsored a Kurdish-language newspaper, an Arabic-language 
version, and two television stations. The PUK sponsored a Kurdish-
language newspaper, an Arabic-language newspaper, and KurdSat 
television. Minor parties such as the Kurdish Islamic Union also had 
their own newspapers, radio stations, and a widely watched television 
station.
    In the KRG, in addition to the party press, there were a few 
notable independent media outlets that covered government and party 
corruption, for example, the weekly newspapers Hawlati (the Citizen) 
and Awene (Mirror), Lvin magazine, and Radio Nawa. However, libel 
remains a criminal offense in the KRG area, and judges issued arrest 
orders for journalists on this basis. Journalists were sometimes 
imprisoned while police investigated the veracity of the information 
they published.
    There also was a marked increase in intimidation of independent 
journalists by extrajudicial means in the KRG region. Local security 
forces harassed and jailed editors of major independent publications 
for publishing articles that were critical of the KRG or Kurdish party 
officials, especially for alleged corruption. For example, on January 
29, President Talabani filed a criminal defamation lawsuit against the 
editor-in-chief of Hawlati for printing an article originally published 
abroad that criticized the President. At year's end the lawsuit was 
still pending as more evidence was collected. On July 20, a journalist, 
Sherzad Shakhani, was sentenced to one month in prison reportedly 
because of a disagreement with the Erbil governor. On September 3, 
Edito.--i.--Chief of Biraw newspaper, Mariwan Tofiq, was arrested by 
police and imprisoned for five days because he allegedly defamed a 
Kurdish hero.
    On July 3, the Kurdistan Journalists' Syndicate published a report 
accusing KRG security forces of routinely using violence against 
journalists. On August 4, the International NGO Committee to Protect 
Journalists (CPJ) issued an open letter to KRG President Barzani 
condemning the July 22 killing of Lvin magazine reporter Soran Hama and 
several other attacks against journalists. Lvin Edito.--i.--Chief Ahmed 
Mira claimed that the killing was likely a result of Lvin's critical 
stance toward the Kurdish parties operating in Kirkuk. The KRG took no 
action to help solve the Soran Hama case, claiming that it lacked 
jurisdiction because the killing happened in Kirkuk.
    Violence against the media, primarily by militia and insurgency 
groups, was commonplace. Media workers reported that they refrained 
from producing stories on insurgency and militia activity for fear of 
retaliatory attacks. On February 12, police found the body of Hisham 
Mijawet Hamdan, a board member of the Young Journalists' Association. 
Hamdan, whose body showed signs of torture, had been kidnapped two days 
earlier. On February 27, the head of the Iraqi Journalist Syndicate, 
Shihab Al-Tamimi died after being shot by unknown gunmen. In April, the 
Society for Defending Press Freedoms in Iraq, a domestic NGO, reported 
that JAM was threatening to kill journalists in southern Iraq if they 
portrayed Sadrists in a negative light. According to the NGO Society 
for Defending Press Freedoms, JAM elements set fire to homes of 
journalists and launched rockets at the Ahwar local TV station in 
Amarra. On September 13, four employees operating out of the informal 
office in the KRG of the Dubal-based Al-Sharqiya television channel 
were kidnapped and killed in Mosul. Security officials reported that 
they arrested 68 suspects. According to the domestic NGO Journalists 
Freedoms Observatory (JFO), two suspects were still in custody after 
confessing to the crime. During the year there were 11 journalists 
killed, one journalist abducted, and two media workers killed, 
according to the CPJ. The international NGO Press Emblem Campaign 
reported 15 journalists killed during the year. According to the 
domestic NGO Journalists Freedoms Observatory, violence against 
journalists rose by 60 percent in the year beginning in May 2007. 
During that period, there were 88 violent incidents, harassment, and 
threats by ISF; 30 arrests by ISF; and nine criminal defamation 
lawsuits by government officials. The MOHR reported in its Victims of 
Terrorism report that 197 journalists were killed in various acts of 
violence between 2004 and 2006.

    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 generally low for direct access due to a lack of 
infrastructure in homes. However, the prevalence of internet cafes 
contributed to extensive usage among Iraqi youth. According to 
International Telecommunications 2007 data, there were an estimated 
14,900 subscribers and 275,000 users.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. However, social 
and religious as well as political pressures restricted the exercise of 
freedom of choice in academic and cultural matters. In all regions, 
various groups reportedly sought to control the pursuit of formal 
education and the granting of academic positions. During the year 
extremists, insurgents and terrorists targeted cultural figures such as 
doctors, academics, and scientists. On January 23, dean of the dental 
college of Baghdad University, Munthir Mirhij Radhi and Mosul 
University professor Aziz Suleiman al-Nuaimie were killed in Baghdad 
and Mosul, respectively. On August 23, an unidentified gunman killed 
Kaamal Shiya, a leading cultural figure and chair of the National 
Coordinating Committee for the Safeguarding of the Cultural Heritage of 
Iraq. On February 17, the international NGO Amnesty International (AI) 
reported that 10 staff members from the University of Baghdad, School 
of Dentistry, including three professors were arrested. They were 
released after a few weeks in detention. During military operations in 
Diyala in August, several professors from the Diyala University were 
arrested, allegedly for sectarian reasons. Two professors remain in 
detention at the end of the year.
    In the central and southern parts of the country, there were a 
number of reports of threats by militia, extremists, or insurgent 
groups against schools and universities, urging them to modify 
activities, favor certain students, or face violence. Educational 
institutions often complied with the threats.
    According to the MOHR, 340 university professors and 446 students 
were killed between 2005 and 2007 by insurgents and militias. In 2007, 
the Ministry of Displacement and Migration (MODM) reported that at 
least 30 percent of professors, doctors, pharmacists, and engineers 
have fled the country since 2003. On August 26, the inspector general's 
office in the MOH stated that 650 of the 8,000 doctors who fled the 
country since 2003 returned to their jobs in July and August. On 
September 1, the minister of higher education reported that he recently 
received 150 applications from academics who want to return to the 
country. Following the successful military operations in Basrah, 
academics have started returning to their positions in the 
universities. Universities in Baghdad reported that professors have 
returned to their jobs following the improvement in security.
    During the beginning of the year, threats against secular female 
students were occasionally posted on billboards and spral-painted on 
the walls of Basrah University. A female university professor reported 
that there were no more threats after the ISF operations in March in 
Basrah.
    Other parts of this report contain related information; See 
Sections 1.b. and 1.d.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly and 
peaceful demonstration, and the Government generally respected this 
right in practice, although there were reports of abusive KRG practices 
against protesters. Until April 2007, the prime minister invoked the 
emergency law, which gave him the authority to restrict freedom of 
movement and assembly pursuant to a warrant or extreme exigent 
circumstances. In general, this emergency law did not prevent peaceful 
assembly from occurring, although it was used often to impose curfews. 
Police in the central and southern parts of the country generally did 
not break up peaceful demonstrations except when a curfew was violated. 
Following the lapse of the state of emergency, the Government continued 
to claim the right to declare curfews in late evening and on holidays 
in response to security threats.
    Unlike in 2007, there were reports that KRG security forces killed 
or detained protesters when demonstrations protested government acts.
    Other parts of this report contain related information; See Section 
1.a.

    Freedom of Association.--The constitution provides for the right to 
form and join associations and political parties and specifically 
mandates that this right be regulated by law. The Government generally 
respected this right in practice, except for the legal prohibition on 
expressing support for the Ba'ath Party. Within the KRG provinces, some 
major labor unions and associations were directly affiliated to the PUK 
in Sulaymaniyah and the KDP in Erbil and Dohuk.

    c. Freedom of Religion.--The constitution proclaims Islam as the 
official religion of the state. While providing for full religious 
rights for all individuals ``such as Christians, Yazidis, and Mandean 
Sabeans,'' the constitution also stipulates that no law may be enacted 
that contradicts the established provisions of Islam. While the 
Government generally respected the right of individuals to worship 
according to thought, conscience, and belief, private conservative and 
radical Islamic elements continued to exert tremendous pressure on 
other groups to conform to extremist interpretations of Islam's 
precepts.
    The Government publicly called for tolerance and acceptance for all 
religious minorities on many occasions, and it established a high-level 
minorities committee to monitor and report on the situation of 
religious minorities. In September, the MOHR published a report on 
minorities which outlined the major demands of minority communities, 
discussed the legal rights of minorities, and recommended specific 
government actions for improving the situation of minorities. The 
Government also undertook security operations against violent groups in 
Basrah, Baghdad, and Ninewa, the provinces with the greatest 
concentrations of minorities. Article 50 of the Provincial Elections 
Law guaranteed political representation for minorities.
    Frequent attacks on places of worship, as well as sectarian 
violence, hampered the ability of citizens to practice their religion 
freely. On April 5, Father Adel Youssef, a Christian Assyrian priest, 
was killed in central Baghdad near his house. On July 12, Mullah Abbas 
Khadhim, a Shabak leader, was killed in Ninewa Province by unknown 
gunmen.
    On December 14, seven members of a Yazidi family were killed by 
unknown assailants in their home in Sinjar, a city outside the KRG 
region but with some links to Kurds.
    During the year there were a number of reports indicating that 
women were pressured to wear veils or face security threats, regardless 
of the individual's religious affiliation.
    There were also allegations of religiously based employment 
discrimination during the year. Several ministries reportedly hired and 
favored employees who conformed to the religious preference of the 
respective minister.
    Religious groups are required to register with the Government. The 
requirements include having at least 500 followers. Unlike previous 
years, non-Muslims did not report that the Government disregarded their 
religious holidays. On December 20, the MOI sponsored a public 
Christmas event in Baghdad, which was well attended by Christians and 
Muslims.
    Members of religious minorities continued to flee to the KRG to 
escape targeted violence, particularly against Christians. In October, 
violence against Christians in Mosul prompted over 2,000 families to 
flee to safe-havens in remote parts of Ninewa Province and the KRG. By 
year's end more than half the families had returned to their home.
    During the year, there were allegations that the KRG continued to 
engage in discriminatory behavior against religious minorities. Members 
of these groups living in areas north of Mosul, such as Yazidis and 
Christians, asserted that the KRG encroached on their property and 
illegally built Kurdish settlements on the confiscated land.
    Since the MOI's April 2007 cancellation of its regulation 
prohibiting issuance of a national identity card to those claiming the 
Baha'i Faith, six or seven Baha'is have been issued identity cards. 
There were reported implementation problems, limiting the numbers of 
Baha'is who received the identification cards.

    Societal Abuses and Discrimination.--Religious extremists, 
including terrorist groups and special group members, targeted many 
individuals because of their religious identity. Others were targeted 
because of their secular leanings. Religious-based violence between 
Shia and Sunni Arabs continued to decline since mid-2007. The reduction 
in sectarian violence enabled Shia pilgrims to travel to Samarra and 
visit the remains of the Al-Askariya Shrine.
    Sectarian attacks appeared to decline during the reporting period. 
All groups continued to report receiving death threat letters demanding 
they leave their homes. The Government took action to restrain and 
punish violence and discrimination, such as focusing military 
operations in areas with heavy militia activity and providing more 
security for groups facing sectarian threats.
    Religious leaders, groups, and centers were in several instances 
targeted for killings. In January, Christian churches and convents were 
the target of ten reported bomb attacks. On January 17, a Shia mosque 
in Baqubah, northeast of Baghdad, was bombed. Police reported eight 
dead and 14 injured among the worshippers who had gathered to observe 
Ashura, one of the Shia holy days. The same mosque had been targeted 
twice before. On February 15, two suicide bombers blew themselves up 
during Friday prayers at the Shia Jawad al-Sadiq mosque in Tal Afar, a 
Turkomen town 260 miles northwest of Baghdad. At least four persons 
were killed and 13 wounded. On April 6, Father Adel Youssef, an 
Assyrian Orthodox priest, was shot and killed in Baghdad's Karrada 
district. UNAMI received information that 17 Christians were victims of 
attacks and kidnappings in the first half of the year, resulting in at 
least 10 killings. Nine of the incidents were in Mosul; the others 
occurred in Basrah, Baghdad, and Kirkuk.
    In October, 12 Christians were reported killed in Mosul. The 
attacks began after hundreds of Christians began protesting an initial 
parliamentary removal of guarantees of seats for minorities on 
provincial councils in Mosul and the surrounding area. According to 
UNHCR, 2,000 Christian families fled Mosul after the attacks. The 
Government, UN, and NGOs provided prompt humanitarian assistance to the 
displaced. The Government moved quickly to enhance security in Mosul 
following the attacks. On October 12, Prime Minister Maliki publicly 
denounced the killings vowing to take ``immediate action to resolve the 
problems and difficulties faced by Christians in Mosul.'' Iraq's 
National Security Council set up a committee to assess the situation. 
In response to the violence and in support of ongoing ISF operations, 
the Government dispatched two brigades of National Police and increased 
patrols around Christian neighborhoods. The prime minister also 
launched an investigation into the attacks; results of which had not 
been released by the end of the reporting period. According to UNHCR, 
violence has decreased in Mosul as a result of greater MOI presence, 
leading to the return of approximately half of the families that had 
left.
    There were also kidnappings, with ransoms paid, of religious 
figures. On February 29, Archbishop of the Chaldean Catholic Church 
Paulos Faraj Rahho was kidnapped in Mosul; his body, along with those 
of his two guards and his driver, was found buried on March 13. On May 
18, government spokesman Ali al-Dabbagh said the Central Criminal 
Court-Iraq sentenced Ahmed Ali Ahmed, an al-Qaida leader also known as 
Abu Omar, to death for Archbishop Rahho's killing; the sentence has not 
yet been carried out.
    Sabeal-Mandaean leaders reported that their community continued to 
be targeted by Islamic extremists. They reported forced conversions, 
forced hijab (head scarf) wearing by Sabeal-Mandaean women, and 
kidnappings for ransom. While ransom payments secured the release of 
some victims, other victims, despite the payment, were killed or 
remained missing. On February 2, 10 members of a Sabeal-Mandaean family 
died in a rocket attack on their house in the Alaza area in Kut after 
having received threats from Islamist militants. On September 8, armed 
men reportedly killed three Sabeal-Mandaean family members, including a 
child, in their family store in Baghdad. In March the Mandaean Human 
Rights Group NGO reported 42 killings, 46 kidnappings, 10 threats, and 
21 attacks against Mandaeans in the 13-month period beginning in 
January 2007.
    Members of the Yazidi community reported that they continued to be 
targeted by Islamists and discriminated against by the KRG throughout 
the year. UNAMI reported that at least five Yazidis were killed in the 
first half of the year. A prominent Yazidi leader reported that Yazidis 
are restricted from entering the KRG and have to get KRG approval for 
finding jobs in Ninewa Province.
    Islamist militants continued to target stores that provided goods 
or services considered to be inconsistent with Islam. Islamic 
extremists bombed, looted, and defaced liquor stores in Baghdad and 
elsewhere.
    The country's Jewish population was virtually nonexistent as a 
result of emigration over decades. However, anti-Semitic sentiment 
remained a cultural undercurrent. A 2006 citizenship law, among other 
provisions, precludes Jews who emigrated from regaining citizenship.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
    Other parts of this report contain related information; See 
Sections 2.d., 4, and 5.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for the 
right of free movement in all parts of the country and the right to 
travel abroad and return freely. The Government generally respected 
these rights. However, there were some limitations in practice, 
particularly regarding travel into and residence in the KRG region. 
Unlike the previous year, restrictions by provinces on the entry of new 
IDPs had little impact as there was little new displacement during the 
year. During the year the World Food Program and the ICRC delivered 
food rations to IDPs who were unable to access the Public Distribution 
System.
    In September, after Sunni COR member Mithal al-Alusi traveled to 
Israel, the COR stripped him of his parliamentary immunity in order to 
make him eligible for prosecution under a 1950s era law that makes 
travel to Israel punishable by death. In November, the Supreme Federal 
Court overturned the decision to strip him of immunity in a unanimous 
vote, ruling it to be unconstitutional.
    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, stateless persons, and other persons of 
concern, although effective systems were not completely established by 
year's end.
    Under the state of emergency, the prime minister can restrict 
movement pursuant to a warrant, impose a curfew, cordon off and search 
an area, and take other necessary security and military measures (in 
Kurdish areas, only in coordination with the KRG). Although the state 
of emergency lapsed in April 2007, the Government availed itself of 
these powers in practice over the course of the year. In response to 
security threats, the Government continued to declare curfews and take 
other necessary military and security measures of limited duration 
after the state of emergency expired.
    Since May 2007, the KRG did not allow persons, including citizens 
from outside the region, to enter unless a Kurdish resident met them in 
person and ``guaranteed'' their stay. Similarly, those from outside the 
region seeking to live within the jurisdiction of the KRG must have a 
local resident guarantor, and register on arrival with the KRG 
Residency Office.
    The MOI's Passport Office maintained a policy of requiring women to 
obtain the approval of a close male relative before being issued a 
passport.
    The constitution expressly prohibits forced exile of all native-
born citizens. The injunction also applies to naturalized citizens, 
unless a judicial decision establishes that the naturalized citizen was 
granted citizenship on the basis of material falsifications. Forced 
exile did not occur.
    There were no known government restrictions on emigration. Exit 
permits were required for citizens leaving the country, but the 
requirement was not enforced.

    Internally Displaced Persons (IDPs).--In 2006, sectarian militia 
and terrorist actions provoked fear and chaos leading to large-scale 
movements of Sunni and Shia populations from mixed Sunni/Shia areas 
towards areas of greater sectarian homogeneity. Although the rate of 
displacement has declined since late 2007, the total numbers of 
displaced remained high. At the end of the year the International 
Organization for Migration (IOM) and UNHCR estimated the number of 
refugees to be two million and IDPs within the country to be 2.8 
million, with an estimated one million refugees and 1.5 million IDPs 
displaced following the 2006 destruction of the dome of Al-Askariya 
Mosque and Shrine in Samarra, a Shia holy site. Further movements were 
stimulated by the June 2007 destruction of its two remaining minarets. 
In October 2007, IOM estimated the August 2007 bombing attacks on the 
Yazidi areas in Ninewa Province displaced up to 1,000 families. On 
March 20, an international IDP working group, which includes UNHCR, 
other UN agencies, NGOs, and the IOM, reported that of the 2.8 million 
IDPs, only 1 percent were displaced in the first three months of the 
year.
    According to the KRG, MODM, UNHCR, and IOM, the KRG hosts 
approximately 873,000 IDPs. Of the total, 635,000 were Kurds displaced 
from southern and central regions during the previous regime. IDPs 
arriving after February 2006 numbered 238,000. Hygiene and sanitation 
for IDPs were generally better in the KRG than in other areas; however, 
shelter, food, and other concerns remained critical. There were fewer 
reports than in 2007 of threat letters delivered to Shia and Sunni 
residents warning them to leave their homes within a certain period of 
time or face death; however, in general Christian residents in the 
north saw increased threats in the second half of the year, for example 
in Mosul during October.
    Many Baghdad residents migrated to other neighborhoods due to 
sectarian violence and lawlessness, while others left the city 
altogether. Since 2006 according to MODM, approximately 154,000 
families have left their homes. According to the March 20 international 
IDP working group assessment most of the 2006 to 2008 IDPs came from 
Baghdad and Diyala. Eighty percent of UNHCR-registered refugees came 
from Baghdad.
    Small numbers of IDPs have begun to move back into former 
residences, particularly in Baghdad. According to information collected 
by UNHCR a total of 185,000 IDPs and 23,000 refugees returned during 
the year. Returns to neighborhoods were haphazard and lacked a 
comprehensive government plan for handling consequent displacement of 
squatters and were often marred by violence. On August 20, there were 
press reports of three sniper fire incidents in one week targeting 
returning Shia IDPs to Sunni neighborhoods in western Baghdad. Many 
returns occurred spontaneously without assistance or registration.
    Prime Ministerial Order 101 and Council of Ministers' Decree 262 
promised a process for restitution of property and eviction of 
squatters, along with a system of grants and stipends for IDPs. The 
Government provided stipends of one million dinars (approximately $805) 
to encourage families to return. According to MODM, as of mid-November, 
9,149 families had received the one million dinar grant, and another 
1,050 claims were being processed. In August and September the 
Government opened two Returns Assistance Centers in Baghdad, at which 
prospective returnees could document their property and ask the police 
to evict illegal occupants. MODM committed to make rent subsidy 
payments of 300,000 dinars (approximately $254) for six months to 
registered IDPs who are forced into secondary displacement by returnees 
and the property restitution process. According to UN and NGO sources, 
the Government made few rent subsidy payments. The Government 
implemented a policy on property restitution enforced by ISF. In 
districts where returns occurred, ISF reportedly evicted several 
thousand squatters with minimal violence.
    The Government has no policy for undoing sectarian cleansing. The 
property restitution policy depended on individual requests for 
restitution from property owners. There was no wholesale eviction of 
squatters from neighborhoods. Sunni Arab leaders frequently cited the 
lack of steps to reverse the worst of the sectarian cleansing as 
calling into question whether the Government genuinely wants Sunni Arab 
refugees and IDPs to return to Baghdad.
    The Government allowed IDP access to domestic and international 
humanitarian organizations and permitted them to accept assistance 
provided by these groups. The majority of IDPs in Kirkuk Province are 
Kurds who left the KRG under the sponsorship of the Kurdish political 
parties.
    Most IDPs were living with families or renting houses in the host 
community. Other IDPs have occupied abandoned buildings, public 
buildings, or homes abandoned by other displaced families. Some were 
living in ad hoc ``camps.''
    The Government, through the MODM, allowed IDPs access to 
humanitarian organizations, collected information about IDPs and 
provided some protection and assistance in the form of humanitarian 
supplies. MODM also coordinated the provision of aid to IDPs with the 
Iraqi Red Crescent Society. Non-registration limited IDPs' access to 
basic services and legal documentation necessary to receive food 
rations from the public distribution system. The Government did not 
target IDPs or forcibly return them under dangerous conditions. In 
2007, the KRG established a directorate for displacement and migration 
in the KRG Ministry for Extra Regional Affairs.

    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 did not establish by year's end an effective system for 
providing protection to refugees. In practice, the Government provided 
protection against ``refoulement,'' the return of persons to a country 
where their lives or freedom would be threatened.
    The Government cooperated with UNHCR and other humanitarian 
organizations to provide protection and assistance to 15,000 
Palestinian refugees, according to UNHCR. Generally refugee groups of 
Turkish and Iranian Kurds in the KRG reached a high level of 
integration. For the majority of the 11,135 Iranian Kurds registered by 
UNHCR as refugees in the north, local integration remained the best and 
most likely option. For the 15,553 Turkish Kurds registered by UNHCR as 
refugees, UNHCR's strategies included voluntary repatriation and local 
settlement, subject to negotiations with Turkey and the Iraqi 
government on a Tripartite Voluntary Repatriation Agreement and a Local 
Settlement/Resettlement Protocol for those willing to remain and 
integrate. Refugee groups in central and southern regions, particularly 
refugees who were perceived to have been privileged by the former 
regime such the Palestinians, Ahwazis in the South, and Syrian Arabs in 
Baghdad and Mosul, had a lesser chance of integration and continued to 
face discrimination and protection problems.
    Since the end of 2007 there have been few reports of attacks and 
arrests of refugees in central and southern Iraq. Refugees were 
targeted periodically in attacks carried out by insurgents, militias, 
and criminals. According to UNHCR, there has been a reduction in 
general violence in central Iraq and attacks against Palestinians. 
There were some credible reports that police targeted Palestinians for 
arbitrary arrest, detention, house raids, and extortion. On May 22, 
police arrested 15 Palestinian refugees from Al Waleed camp. UNHCR 
intervened and secured the release of all detainees by May 25. The 
arrested refugees alleged that they were subjected to beatings, 
threats, and intimidation. Some of the refugees had fresh marks 
consistent with their claim that they were beaten with cables and 
burned with cigarettes. According to the refugees, they were made to 
confess verbally under duress that they had participated in terrorist 
activities. According to UNHCR hundreds of Palestinian refugees left 
Baghdad to seek refuge in Jordan and Syria during the year; however, 
there were very few numbers of Palestinians trying to flee Baghdad for 
Al Waleed camp. UNHCR reported that it was working with MODM to provide 
ID cards to the 15,000 Palestinians remaining in Iraq. MODM reported in 
August that it had registered 10,500 Palestinians in Baghdad and 
expected to provide ID cards to an estimated 3,000 Palestinians in 
Basrah and Ninewa.
    Sudanese refugees were relocated to UNHCR's newly established 
Emergency Transit Center (ETC) in Romania for third country 
resettlement by UNHCR. The 139 Darfurians, who could not return to 
Sudan after 2003, were subjected to violence in Baghdad in 2004 and 
2005 and fled the capital to a makeshift camp in the Anbar desert. In 
December, 97 arrived at the ETC, with the remainder expected to follow 
in January 2009.
    The threats against refugees favored by the previous regime 
subsided throughout the year. Nevertheless, lack of proper 
identification documentation compromised freedom of movement and 
personal security for certain refugee groups, namely Palestinians and 
Syrians in Baghdad and Ahwazis in Basrah.
    Other parts of this report contain related information; See 
Sections 1.a., 1.d., and 2.c.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In 2005 citizens voted in a referendum to adopt a permanent 
constitution, which included the full panoply of protections of human 
rights including the right of citizens to change their government 
peacefully through periodic, free, and fair elections based on 
universal suffrage. Citizens exercised this right at the national level 
in 2005 when they elected the 275 members of the COR. The Independent 
Electoral Commission of Iraq had sole responsibility for administering 
the 2005 referendum and elections.
    In January 2007, the COR passed the Independent High Electoral 
Commission (IHEC) Law, which the Presidency Council approved in 
February 2007. In April 2007, the COR appointed the nine IHEC 
Commissioners in a process that the UN deemed fair and transparent.
    Article 140 of the constitution calls for resolution of the status 
of Kirkuk and other disputed internal boundaries by December 31, 2007. 
At the end of 2007 the major political blocs, including the Kurdish 
parties and the KRG, agreed to a six-month technical delay in 
implementation and to seek technical assistance from UNAMI on 
structuring a process of implementation. The Provincial Elections Law 
adopted in October provided for a committee to be established that 
would submit a report to the COR by March 31, 2009 on mechanisms for 
power-sharing, property restitution, and demographics in Kirkuk. The 
COR was expected to enact a special law for the elections in Kirkuk 
subsequent to submission of the report. UNAMI was working with 
respective entities on a process to implement Article 140 on all 
disputed internal boundaries in Iraq. The first stage of the UN report 
was delivered to the KRG in July, and the KRG rejected its 
recommendations. A second report was due after provincial elections in 
January 2009.

    Elections and Political Participation.--The 2006 final report of 
the International Mission for Iraqi Elections stated that the 2005 
national elections met internationally recognized electoral standards 
for free and fair elections and the election results reflected the will 
of the voters.
    Political parties and candidates had the right to propose 
themselves or be nominated by other groups. The Government did not 
restrict political opponents, nor did it interfere with their right to 
organize, seek votes, or publicize their views, apart from the legal 
prohibition on supporting the Ba'ath Party.
    The country's political parties, as a general rule, tended to be 
organized along either religious and/or ethnic lines. Shia Islamist 
parties, such as the ISCI, the al-Dawa al-Islamiyya Party, and the 
Sadrist Trend, as well as Kurdish nationalist parties such as the KDP 
and PUK, were the predominant political forces. Other political players 
included the Sunni Iraqi Islamic Party and ethnic minority parties, 
such as the Assyrian Democratic Movement.
    Membership in some political parties conferred special privileges 
and advantages in employment and education. The KDP and PUK reportedly 
prevented the Government employment of non-party citizens.
    On September 24, the COR passed and on October 3, the Presidency 
Council ratified a law on provincial, district, and sub-district 
elections. The law provides for Provincial Council elections in the 14 
provinces other than Tameem (Kirkuk) and the provinces of the KRG by 
January 31, 2009, and district and sub-district elections within six 
months of provincial elections. The Law of Governorates Not 
Incorporated into a Region (Provincial Powers Law), passed by the COR 
in February, was scheduled to go into effect when the new Provincial 
Councils are seated. The Provincial Councils, which coordinate with the 
national government to provide resources and services, such as 
gasoline, security, health, and education, to the local population, was 
expected to have further latitude when the law goes into effect. There 
was no quota required for women, but entities were required to have 25 
percent representation of women on their list of candidates.
    On November 3, the Council of Representatives passed an amendment 
to the law that granted six seats to minorities. Christians received 
three seats, one each in Baghdad, Ninewa, and Basrah; Yazidis and 
Shebaks received one seat each in Ninewa; and Sabean Mandeans received 
one seat in Baghdad. The amendment was approved by the Presidency 
Council on November 8. Minorities also are eligible to compete for 
general seats.
    Past Sunni Arab election boycotts caused the under-representation 
of Sunni Arabs in provincial councils. In Baghdad Province, which in 
2005 was approximately 40 percent Sunni Arab, only one Sunni Arab was 
elected to the 51-member Baghdad provisional council. The Sunni boycott 
in Tameem (Kirkuk) also resulted in clear under-representation.
    In the 2005 election, female voter turnout was reportedly as high 
if not higher than male turnout. The 2005 national elections law 
provides for the election of women to the COR, aiming to achieve a 
minimum of one-quarter female representation.
    There were 75 women in the COR, under 25 percent of the membership. 
Women chaired two of the 24 standing committees. There were five female 
ministers of 37 in the cabinet: the ministers of state for women's 
affairs and provincial affairs; and the ministers of human rights, 
environment, and housing and construction. Additionally two cabinet 
members were from religious and ethnic minority groups.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, large-scale corruption 
pervaded the Government, and public perception of government corruption 
continued to be high. Intimidation and political influence were factors 
in some allegations of corruption, and officials sometimes used the 
``de-Ba'athification'' process to further political and personal 
agendas.
    Anticorruption institutions were fragmented and interaction among 
them was hampered by a lack of consensus about their role, partly due 
to a lack of effective legislation, as well as lack of political will 
to eliminate widespread corruption. Lack of accountability continued to 
be widespread and was reinforced by several provisions in statute as 
well as lack of transparency.
    The law did not provide public access to government information for 
citizens and non-citizens, including foreign media. Government 
officials who were required by law to file financial disclosure 
reports, such as ministers, governors, and parliamentarians, in many 
cases failed to do so. The Commission of Integrity (COI), formerly the 
Commission on Public Integrity, was authorized by law, but was not 
powerful enough to enforce such disclosures. On January 3, the 
Government held its first conference on corruption and outlined an 18-
point plan to fight corruption. On March 17, the Government signed the 
UN Convention against Corruption.
    The COI, formed in 2004, is the Government's commission charged 
with preventing and investigating cases of corruption in all ministries 
and other components of the Government nationwide (except for the KRG). 
The COI, with a staff of 1,285, which reports to the commissioner of 
integrity and legislature, has the authority to refer cases for 
criminal prosecution. Since its establishment, the COI sent to trial 
only 300 of more than 4,000 cases under investigation and 143 persons 
were convicted on corruption charges. Approximately 70 percent of those 
convictions were overturned as a result of an amnesty law passed on 
February 28. An estimated 700 of the investigations, including the 
convictions, were curtailed as a result of amnesty. Even with the case 
reduction, the caseload far outstripped the organization's 
investigative capacity and reflected intimidation and lack of training.
    According to a prime ministerial order, the COI may not initiate 
cases and has instructed the ministerial Inspectors Generals to perform 
all initial investigations. In practice this order has placed the 
ministers in control of any investigation of corruption within their 
own ministry. There are documented instances where the ministers have 
ordered major corruptions investigations to be dropped.
    The constitution provides immunity from arrest to COR members 
unless the member is caught in the criminal act or charged with a 
felony and the immunity is overturned by a majority vote of the COR.
    Paragraph 136 (b) of the Criminal Procedure Code provides ministers 
with the ability to prevent enforcement of the arrest of their 
employees. This law allows ministers to halt corruption proceedings 
against their employees. Although in 2007 there were at least 67 
separate occasions when a minister reportedly halted adjudication and 
arrest of employees suspected of corruption by the COI, there was only 
one such case reported during the year. The prime minister created a 
committee in April to review all 136 (b) cases. In other cases, 
ministers ignored the court and prevented prosecution without formally 
refusing permission to try a case in court. Other incidents included 
ministries effectively stalling the investigation by failing to provide 
information or not complying with requests for officials to appear in 
court. The prime minister's approval was required before corruption 
cases proceed forward against members of the Presidency, the Council of 
Ministers, or any current or previous ministers.
    In October 2007, COI Commissioner Judge Radhi al-Radhi alleged 
during testimony before a foreign legislature that corruption cost the 
Government 22.5 quadrillion dinars (approximately $18 billion) in the 
previous three years, affecting virtually every government ministry and 
involving some of the country's most powerful public officials. The 
Government accused Radhi of fleeing the country to avoid corruption 
charges and appointed Moussa Faraj to replace him as Acting COI 
Commissioner. Radhi denied the accusations, and the sums about which 
Radhi testified have not been independently verified. On April 11, 
Faraj said corruption cost the Government $250 billion in the last five 
years and added that the MOD was the most corrupt ministry, followed by 
electricity, oil, trade, interior, and health. On January 17, the 
Council of Ministers appointed Judge Raheem al-Ugaili to head the COI, 
although the COR had not confirmed his nomination by year's end.
    Unlike in 2007, there was one new high-profile corruption case in 
the courts. On July 7, several top officials of the Iraqi Red Crescent 
Society (IRCS) were dismissed for the alleged misuse of IRCS funds; the 
dismissal was confirmed by the IRCS board in September. Arrest warrants 
were issued against Sa'ed Hakki, President of the IRCS, Jamal Karbouli, 
vice-President, Adnan Khademi, Hakki's deputy, and others and stemmed 
from alleged misappropriation of government funds provided to the IRCS 
for the past four years and other forms of corruption. Karbouli was 
arrested; Dr. Hakki remained at large at year's end.
    On March 5, the COR Integrity Committee decided to further 
investigate Minister of Health Salih al-Hasnawi after criminal charges 
were dropped in court, based on information submitted by the Inspector 
General of the Ministry of Health, who uncovered fraud related to the 
import of counterfeit medicines and financial corruption. All officials 
charged and imprisoned with criminal negligence and implicated in the 
former defense minister's 2004 theft of 1.3 trillion dinars 
(approximately $1 billion) were granted amnesty immediately after 
passage of the Amnesty Law, except for the minister who remained 
outside the country and was convicted in absentia in 2006. In 
September, six officials from the Ministry of Trade were forced into 
early retirement as part of an anticorruption plan; there were no 
charges.
    There have been several accusations by government officials 
supported by documented evidence pointing to large scale corruption, 
but these allegations have not yet been investigated.
    In 2006, former minister of electricity Ayham al-Samaraii was 
sentenced to two years' imprisonment on charges of corruption. Several 
charges were amnestied following the Amnesty Law passage. After fleeing 
the country, he remained al-large at year's end.
    According to an external assessment of the Ministry of Interior, 
nearly 3,000 employees were fired on administrative corruption charges 
between 2006 and June.
    The Government also has a system of 34 inspectors general (IG) in 
the various ministries, the city of Baghdad, the Central Bank 
(dismissed on September 16), and the religious endowments. In September 
2007 the Council of Ministers issued an order effectively blocking 
ministries' cooperation with the COI, making the inspectors general, 
appointed by the prime minister and confirmed by the COR, the primary 
investigators of corruption in the central government ministries. The 
mandate of the inspectors general, with 1,795 total staff, is to audit, 
inspect, and investigate in order to reduce fraud, waste, and abuse. 
More than 50 percent of these offices have a human rights unit within 
their organization.
    According to the Government, eight IGs were relieved of duty after 
evaluation of their work by the head of the Board of Supreme Audit 
(BSA), head of the COI, and Secretary General of the Council of 
Ministers. The IGs were from the Ministries of Culture, Foreign 
Affairs, Municipalities, Water Resources, and Youth and Sports, as well 
as the Sunni Endowment, Christian Endowment, and Central Bank.
    In contrast to the internal audit function performed by the 
ministerial IGs, the role of external auditing was conducted by the 
BSA. BSA is responsible for conducting audits of all ministerial 
contracts; the BSA also audits the COR, the COR presidency, and each 
member's allowance and expenditures. BSA, COI, and ministerial 
Inspectors General continued to suffer from a lack of political 
support.
    Political parties subjected the COI to a number of high-level 
attempts to influence prosecutions. Members of the legislature also 
reportedly attempted to pressure the court on numerous occasions.
    There were allegations that during the year, government authorities 
along party lines avoided pursuing prosecutions of document fraud and 
misrepresentation of credentials.
    There were reports that various government ministries employed a 
substantial, but undetermined number of nonexistent ``ghost'' employees 
with multiple records and duplicate salaries. During the year in the 
KRG there were roughly one million employees on the Government payroll 
out of a total population of approximately three million.
    Unlike previous years, rates of absenteeism and desertion of ISF 
members decreased, and there were fewer reports of payroll fraud.
    On August 25, the KRG established a corruption committee, comprised 
of seven KRG ministries, to review the level of corruption and make 
recommendations on how to prevent corruption. KRG Minister of Planning 
Othman Shwani headed the committee. The KRG contracted an international 
accounting firm to study KRG institutions and make recommendations on 
anticorruption measures.
    Local business organizations in the KRG complained that the KRG did 
not publicly tender contracts in sufficient time to allow local 
business owners to compete, and that political and personal favoritism 
determined the results.
    Both the COI and the inspection system remained vulnerable during 
the year. There was widespread intimidation, but there were fewer 
killings and attacks than the previous year against COI employees, 
inspection personnel, witnesses, and family members involved with COI 
cases. On May 25, the director of investigations at the Ministry of 
Health was killed in Baghdad, and in an unrelated attack on the same 
day the BSA Director General at the Ministry of Trade was attacked as 
she left the Ministry. COI employees reported that one employee was 
killed during the year and 39 employees or family members were killed 
since 2005.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government's cooperation with NGOs and with the UN and its 
agencies on human rights issues was minimal, generally citing varied 
security restrictions. On May 4, the Government signed an agreement 
with the ICRC, granting it legal status and permanent representation in 
the country. ICRC also has increased access to visit detainees at 
central government detention facilities due to verbal agreements it has 
with several ministries that grant it unrestricted access to all 
detention facilities. A prime ministerial order declared that only ICRC 
and MOHR had unrestricted access to all detention facilities in the 
country except those run by the KRG. ICRC had a separate agreement with 
the KRG for unrestricted access to KRG detention facilities.
    All nongovernmental investigations of alleged human rights 
violations, such as access to prison and detention facilities, 
continued to be highly restricted. The Government attributed 
restrictions to the security situation and its policy of allowing only 
MOHR and ICRC unrestricted access to detention facilities. The 
Government generally did not permit detention center or prison visits 
by NGOs. However, the MOHR did meet with domestic NGO monitors and 
responded to their inquiries by opening MOHR investigations into 
alleged violations.
    During the year activity and advocacy by the country's relatively 
new NGOs remained weak overall. At the end of the year more than 6,000 
NGOs were registered, although according to the director of the NGO 
Office, only approximately 1,800 were operational, including 235 human 
rights NGOs and 181 women's rights NGOs. The vast majority of human 
rights NGOs were affiliated with political parties or with a particular 
sect and frequently focused human rights efforts along sectarian lines. 
Branches of international NGOs and NGOs serving women did not generally 
subscribe to this pattern.
    The Council of Ministers Secretariat's (COMSEC) NGO Assistance 
Office continued to impede the activities of NGOs through onerous 
registration processes and excessive documentary requirements. Only one 
office in the country, located in Baghdad, accepted registrations for 
NGOs. Unlike the previous year, NGOs did not have their assets frozen 
arbitrarily by the Government, according to two well-established NGOs.
    As a standard practice, the Central Bank of Iraq froze the assets 
of organizations, including both international and domestic NGOs, 
contractors, and unions if the Government determined that the 
organization held a significant amount of funds from an unknown source. 
This practice affected NGOs that were not registered or have not held 
elections that the Ministry of State for Civil Society Affairs (MOSCA) 
has judged to be fair. Women's rights NGOs appeared especially 
vulnerable to this disruption, which many attributed to disapproval of 
their activities and services. According to NGOs, unlike last year, 
assets of women's rights NGOs were not seized.
    During the year, unannounced and intimidating visits to some NGOs 
by representatives of the COMSEC NGO Assistance Office demanding 
photographs, passport details, names, and addresses of all staff and 
their family members continued to occur.
    Terrorist organizations frequently targeted human rights 
organizations, and the poor security situation severely limited the 
work of NGOs.
    The Kurdish areas, which have been largely autonomous since 1991, 
were able to develop a stronger NGO community, although many Kurdish 
NGOs were closely linked to the PUK and KDP political parties. The KRG 
and Kurdish political parties generally supported humanitarian NGO 
activities and programs.
    The national government and the KRG were both ``strongly critical'' 
of UNAMI's April 2007 assessment of the human rights situation in the 
country, based largely on the tone rather than the substance of the 
report, according to UNAMI. There was little criticism of UNAMI's 
January-June report.
    Although no ombudsman existed, a national MOHR and a KRG ministry 
focused on raising awareness and knowledge of human rights and 
conducting prison visits. Each ministry reported to its respective 
prime minister. The MOHR published a 2007 report on prison conditions, 
but not a new report by year's end. The KRG published no similar 
report. The national MOHR attempted to monitor human rights abuses and 
advocate for and assist victims, and issued public reports on prisons 
and detention centers, minorities, and victims of terrorism. Limited 
resources and poor cooperation from other ministries limited the 
Ministry's effectiveness. The effectiveness of the KRG MOHR was limited 
by a lack of trained human resources and effective follow-up throughout 
the Government on human rights issues. The KRG MOHR and the KRG's Honor 
Killing Monitoring Commission, established in June 2007, were active on 
women's issues, particularly on steps to end honor killings. The KRG 
MOHR collated and published monthly data on honor killings.
    On November 16, the COR Committee on Human Rights passed 
legislation establishing an Independent High Commission of Human 
Rights. On December 14, the legislation was ratified. The COR Committee 
also advocated publicly the raising of standards in government 
detention facilities and prisons. The KRG's legislative body, the 
Kurdistan National Assembly, formed a special committee to deal with 
human rights and detainee issues in 2007 but did not issue any public 
reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides that all citizens are equal before the 
law without regard to gender, sect, opinion, belief, nationality, 
religion, or origin. The law prohibits discrimination on the basis of 
race, disability or social status. The Government did not effectively 
enforce these provisions.

    Women.--The constitution provides for equal treatment before the 
law without discrimination based on gender; however, in practice, 
discrimination existed, and enforcement of equal treatment was uneven.
    The general lack of security in the country and increasingly 
conservative societal tendencies had a serious, negative impact on 
women. Women's rights activists continued to be targeted by militant 
groups. On December 18, Nahla Hussain, the leader of the women's league 
of the Kurdish Communist Party, was killed by gunmen in Kirkuk. The 
MOHR reported in its annual Victims of Terrorism report that 580 women 
were killed and 1,940 wounded in various acts of violence during the 
year. UNAMI reported in its January-June human rights report that 
kidnapping of young women increased in the second quarter of the year. 
UNAMI received information of 26 kidnapping cases of women aged 11 and 
older. Most of the women were released within days; there was no 
further information into the circumstances of the kidnappings.
    The penal code prohibits rape, does not address spousal rape, and 
imposes a maximum sentence of seven years' imprisonment on 
perpetrators. It was difficult to estimate the incidence of rape or the 
effectiveness of government enforcement of the law; however, there were 
many allegations of rape at police stations during the initial 
detention of prisoners.
    The constitution prohibits all forms of violence and abuse in the 
family, school, and society. Anecdotal evidence from local NGOs and 
media reporting indicated that domestic violence often went unreported 
and unpunished by the judicial system, with abuses customarily 
addressed within the family and tribal structure. Harassment of legal 
personnel working on domestic violence cases, as well as a lack of 
police and judicial personnel, further hampered efforts to bring 
perpetrators to justice.
    There are no specific laws that concern domestic violence. Under 
the Penal Code, a husband is legally entitled to punish his wife 
``within certain limits prescribed by law or custom.'' Existing laws 
were widely unenforced, including those on domestic violence.
    During the year, NGOs reported that domestic violence against women 
increased, although no reliable statistics existed. On June 23, the NGO 
Iraqi Women's Network reported that violence against women increased in 
the first half of the year. Throughout the year 72 women were 
reportedly killed in Basrah for various reasons, according to local 
statistics. According to statistics from the Basrah Police Directorate 
Statistics Division, 147 women were killed in 2007, the majority due to 
terrorism.
    ``Honor killings'' were a serious problem. Legislation in force 
permits ``honor'' considerations to mitigate sentences. During the 
first three months of the year before ISF operations in Basrah, 35 
women were killed. From April to December 37 women were killed, 
including six honor killings and nine killings from domestic violence. 
On December 19, the Basrah Police spokesman reported that honor 
killings had dropped 90 percent during the year compared to 2007 due to 
the improved security situation. Rand Abdel-Qade was killed by her 
father on March 16 for befriending a British soldier. Her mother, Leila 
Hussein was killed on May 17 after denouncing and divorcing her 
husband. On December 19, national media reported that two women were 
killed in honor crimes in Basrah.
    Honor killings were also widespread in the Kurdish region. The KRG 
minister of human rights reported on December 16 that the KRG does not 
consider an honor killing legally different from murder, thus making 
punishment for an honor killing equal to punishment for murder. The KRG 
MOHR reported that between January and August, 77 women were killed in 
honor killings. During this period, 211 women were burn victims. 
According to the Erbil hospital, 154 women were killed in Erbil between 
January and November. On April 2, three persons accused of an honor 
killing in Sulaymaniyah were arrested by the Asayish, according to 
press reports, but were later released. The suspects reportedly fled 
the country. The KRG reported that there were 528 honor killings in 
2007; civil society observers and UNAMI in its human rights report 
considered the number to err on the low side. During the year, there 
were anecdotal reports from an NGO that between 200 and 250 women self-
immolate in the region each year.
    On May 13, two days after a shooting at a women's shelter, the KRG 
Violence Against Women Commission, which is under the direct 
supervision of the prime minister and deputy prime minister, created 
monitoring boards to ensure that the region's existing laws to protect 
women are upheld and enforced by the courts. The commission also 
recommended that ``komalayati'' bodies, or traditional panels led by 
village elders to reconcile disputes, no longer play a role in deciding 
legal cases. The monitoring boards are reportedly underfunded, and 
members lack appropriate training. Komalayati boards still play a role. 
In October and November, five murder cases were resolved by these 
boards.
    Private shelters for women exist; however, space was limited. 
Information regarding their locations was closely held. Some NGOs 
worked with local provincial governments to train community health 
workers to treat victims of domestic violence. Victims of domestic 
violence received no substantive assistance from the Government. On May 
11, armed gunmen attacked the women's shelter Asuda, a Sulaimaniyal-
based women's NGO that provided shelter for victims of violence and 
abuse, seriously wounding one of the shelter's residents. Asuda had 
worked since 2000 to highlight the plight of female victims of 
violence, domestic abuse, and tribal honor killings.
    Prostitution is illegal. During the year, reports of prostitution 
increased. According to the NGO Organization for Women's Freedom in 
Iraq, some women have resorted to prostitution in order to provide for 
their children. On June 15, the Kurdish Lvin magazine published a 
detailed report on police involvement in a major Kirkuk prostitution 
ring, which routinely bribed government officials with prostitutes. The 
woman who ran the network asserted that there are over 200 brothels in 
Kirkuk. The author of the Lvin article, Soran Hama, was killed on July 
21. The case remained unsolved at year's end.
    Although the constitution forbids discrimination on the basis of 
gender, in practice conservative societal standards impeded women's 
abilities to exercise their rights. Throughout the country women 
reported pressure to wear veils. Women were targeted for undertaking 
normal activities, such as driving a car, and wearing trousers, in an 
effort to force them to remain at home, wear veils, and adhere to a 
conservative interpretation of Islam.
    Islamic extremists reportedly continued to target women in a number 
of cities, demanding they stop wearing Western-style clothing and cover 
their heads while in public. On April 30, according to international 
press reports Basrah police acknowledge that 15 women a month were 
killed for breaching Islamic dress codes. In December 2007, Basrah's 
police chief Major General Abdul Jalil Khalaf, who has since been 
replaced with Adil Daham in June, confirmed that police documented that 
57 women were killed and their bodies dumped in the streets of Basrah 
since mid 2007 for behavior deemed un-Islamic.
    Women's NGOs reported that during the beginning of the year warning 
messages were posted in public areas in Basrah threatening women 
against wearing makeup or appearing in public without a headscarf. 
Several sources suggested the restrictions against women significantly 
decreased since the March ISF operations in Basrah.
    The MOI's Passport Office maintained a national policy requiring 
women to obtain the approval of a close male relative before receiving 
a passport.
    The Ministry of State for Women's Affairs, with an approximately 
20-person professional staff, functioned primarily as a policy office 
without an independent budget or the ability to hire more employees.
    Weak labor laws and the lack of an equal opportunity employment law 
left women vulnerable to arbitrary dismissal. The deteriorating 
security situation disproportionately affected women's ability to work 
outside the home.
    The MOLSA Social Care Directorate administered a variety of social 
care institutions, among them institutions for orphans and the elderly. 
No substantive shelter assistance was offered for victims of domestic 
violence. Women who were heads of single-parent households received a 
minimal cash stipend from the ministry; however, the budget for this 
assistance did not meet the need.

    Children.--The Government in general was committed to children's 
rights and welfare, although non-citizen children were denied 
government benefits. They had to pay for services that were otherwise 
free, such as public schools, health services, and, except for several 
hundred Palestinian families, were not eligible for the national food 
rationing program.
    Unlike in 2006 the Higher Education Commission set up by the Tameem 
(Kirkuk) Provincial Council stated that any student could enroll in 
school if they had Tameem registration papers. Free primary education 
is compulsory for citizen children for six years, and 89 percent of 
students reached the fifth grade. According to the Ministry of 
Education, total elementary school enrollment during the 2007-2008 
school year was 4.33 million students, an increase from 4.15 million 
during the 2006-2007 school year.
    According to information from the Central Organization for 
Statistics and Information Technology in the Ministry of Planning, 
literacy (15 to 45 years-old) was 65 percent. There was an increase in 
the number of illiterate children between the ages of six to 11 who are 
not in school due to security, poverty, and homelessness. NGOs and 
international organizations noted increasing numbers of street children 
since mid-2007. Approximately 66 percent of women between the ages of 
15-24 were literate. Literacy varied considerably between urban and 
rural areas of residence, with less than half the women in rural areas 
literate compared to 80 percent in metropolitan areas and 72 percent in 
other urban areas.
    MOH clinics provided health care, which was largely free to all 
citizens. There was no systemic difference in the care provided to boys 
and girls.
    Female genital mutilation (FGM) is not illegal and was reported in 
the rural areas of the Kurdish region. The Government offered no 
substantive assistance for victims of FGM.
    Although there were no statistics, a tradition of marrying young 
girls (14 or older) continued, particularly in rural areas.
    MOLSA operated 19 orphanages for older children in Baghdad and the 
provinces, housing a total of 392 children, and 40 orphanages for young 
children, housing approximately 2,000 children.
    In June 2007, an orphanage in Baghdad was discovered to be housing 
24 severely malnourished boys from 3 to 15 years-old. The boys were 
found naked in a darkened room without windows and were tied to their 
beds. The children were provided medical treatment (six had cholera) 
and moved to another orphanage. Arrest warrants were issued for three 
employees of the orphanage, all of whom remained at large at year's 
end.
    Despite laws against child labor, children often worked illegally 
on farms or in street commerce.
    In April, the UN Special Representative of the Secretary-General 
for Children in Armed Conflict issued a report that highlighted 
widespread child recruitment into armed militia groups throughout the 
country. There were numerous reports of children being used to fight 
government forces during military operations in Sadr City in March and 
April. The MOHR reported in its annual Victims of Terrorism report that 
376 children were killed and 1,594 wounded from various acts of 
terrorism during the year.

    Trafficking in Persons.--The constitution states that forced labor, 
slavery, slave trade, trafficking in women or children, and the sex 
trade should be prohibited; however, there were reports that persons 
were trafficked to, from, and within the country. In October, the 
Government established a committee to examine trafficking problems 
after the MOHR raised concerns about the existence of trafficking in 
the country.
    Although reliable statistics did not exist, Iraq was a source and 
destination country for men and women trafficked for commercial sexual 
exploitation and involuntary servitude. Children are trafficked within 
the country and abroad for commercial sexual exploitation. Women are 
trafficked within the country, as well as to Syria, Jordan, Kuwait, 
Qatar, United Arab Emirates, Turkey, and Iran for the purpose of 
commercial sexual exploitation. The country is also a destination for 
men and women trafficked from Georgia, India, Pakistan, Indonesia, 
Nepal, Philippines, and Sri Lanka for involuntary servitude as 
construction workers, cleaners, and handymen. Women from the 
Philippines and Indonesia are trafficked into the Kurdish territory for 
involuntary servitude as domestic servants. Some of these workers are 
offered fraudulent jobs in Kuwait or Jordan, but are then tricked or 
forced into involuntary servitude in Iraq instead; others went to the 
country voluntarily, but were still subjected to conditions of 
involuntary servitude after arrival.
    On January 29, the domestic press reported that two Swedish 
journalists discovered a market for selling children in Baghdad. On 
February 26, Tariq Al Ta'e, chairman of the NGO Iraqi Human Rights 
Justice Center in Baghdad, stated his center was following 16 cases of 
missing children.
    On April 23, 42 Bangladeshis were repatriated with the help of IOM 
after being trafficked into the country by illegal traders. Those who 
returned estimated that an estimated 10,000 more Bangladeshis were 
still in the country, without jobs and proper documents, and stated 
that agents seized passports from workers in and around Kurdistan. On 
August 14, press reports indicated 43 Nepalis were repatriated after 
allegedly coming to the country for work but found upon arrival that 
their passports were seized, and they were forced to live in one hotel 
room. In December, IOM began investigations into the cases of third 
country nationals who had been abandoned after seeking employment in 
Iraq and were forced to live in transit housing and makeshift camps by 
the Baghdad Airport. IOM began facilitating the return of some of the 
workers; others found jobs with international contracting companies.
    Anecdotal evidence and media reports suggested that some 
trafficking victims were taken from orphanages and other charitable 
institutions by employees of these organizations. MOLSA and the 
Ministry of State for Women's Affairs continued to accuse private 
orphanages of involvement in these activities and stated a private 
orphanage in Sadr City trafficked young girls for forced prostitution. 
MOLSA called for all private orphanages to be under its purview and 
inspection authority; however, MOLSA did not achieve this goal by 
year's end. There were also reports that criminal gangs used threats 
and blackmail to exploit teenage boys sexually for commercial and other 
motives.
    Both the MOI and the KRG MOI have responsibility for trafficking-
related issues. However, the demands of the security situation 
relegated trafficking to a lower priority. Trafficking crimes were not 
specifically enumerated in MOI statistics on criminal activity. During 
the year, the Government neither prosecuted any trafficking cases nor 
convicted any traffickers. The Government offered no protection 
services to victims of trafficking, reported no efforts to prevent 
trafficking in persons, and did not acknowledge trafficking to be a 
problem in the country. On August 11, KRG Parliamentarian, Kareen 
Bahri, told the press that there is no trafficking of women in the KRG.
    The MOI did not monitor trafficking crimes, include them in the 
police-training curriculum, or conduct trafficking-related 
investigations.
    The MOLSA and MOHR also had roles in anti-trafficking efforts. The 
Government did not have programs to prevent trafficking; however, it 
operated orphanages and homeless shelters, which may have prevented 
vulnerable individuals from becoming trafficking victims.
    Victims of trafficking reportedly were prosecuted for a number of 
crimes, including prostitution and document and passport fraud. There 
were also documented cases of female victims being kept in ``protective 
custody'' in detention centers to deter violence against them by their 
families and traffickers. Few shelters existed in the country; most 
were run 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 in 
employment, education, access to health care, and other state services 
against persons with physical disabilities. The Government enforced the 
law in the Government sector but not in the private sector.
    MOLSA operated several institutions for the education of children 
and young adults with disabilities. MOLSA also operated workshops and 
associations to provide employment opportunities to persons with mental 
disabilities.
    As of October, 17 institutes operated in Baghdad and the non-KRG 
provinces outside of the KRG for persons with mental and psychological 
disabilities and housed approximately 1,100 persons. Additionally, 
there were 34 institutes throughout the country for persons with 
physical disabilities, including homes for the blind and deaf, as well 
as vocational/rehabilitation homes. The Government, through the Prime 
Minister's Office and Ministry of Health, provided benefits for 
thousands of veterans with disabilities, many of whom supplemented 
their benefits with some employment.

    National/Racial/Ethnic Minorities.--Ethnically, the country's 
population includes Arabs, Kurds, Turkmen, Chaldeans, Assyrians, and 
Armenians. The religious mix is likewise varied. Assyrians and 
Chaldeans are considered by many to be a distinct ethnic group. These 
communities speak a different language, preserve Christian traditions, 
and do not define themselves as Arabs.
    The constitution identifies Arabic and Kurdish as the two official 
languages of the state. It also provides the right of citizens to 
educate their children in their mother tongue, such as Turkmen, Syriac, 
or Armenian, in government educational institutions in accordance with 
educational guidelines or in any other language in private educational 
institutions.
    During the year, discrimination against ethnic minorities was a 
problem. There were numerous reports of Kurdish authorities 
discriminating against minorities in the North, including Turkmen, 
Arabs, and Assyrians. According to these reports, authorities denied 
services to some villages, arrested minorities without due process and 
took them to undisclosed locations for detention, and pressured 
minority schools to teach in the Kurdish language. Ethnic and religious 
minorities in Tameem (Kirkuk) frequently charged that Kurdish security 
forces targeted Arabs and Turkmen.
    Palestinians reportedly experienced arrest, detention, harassment, 
and abuse by police, by individuals pretending to be police, and by the 
general public. A 2006 citizenship law prevents Palestinians from 
obtaining citizenship or Jews who emigrated to other countries from 
reclaiming citizenship.

    Other Societal Abuses and Discrimination.--There were continued 
reports of societal discrimination and reported violence against 
individuals based on sexual orientation.
    Since 2003, the Iraqi Lesbian, Gay, Bisexual and Transgender 
Organization stated that 430 gay men have been killed because of their 
sexual orientation. The international NGO provided shelter for an 
estimated 40 men between 14 and 28 in several Baghdad safe houses. 
During the year there were reports of discrimination and violence 
against homosexual men and women, mostly by militias. On September 25, 
a coordinator of the NGO was killed in Baghdad by militia members, 
according to press reports. There were no government statistics on 
discrimination or on government programs protecting such groups, and 
requests by news agencies for information have been largely ignored.
    According to press reports, on November 24, freelance journalist 
Adel Hussein was sentenced by a court in Erbil to six months in prison 
for violating a public decency law by writing an article about 
homosexuality. On December 7, KRG President Barzani pardoned him. The 
article was published by independent Kurdish Hawlati in April 2007.
    Other parts of this report contain related information; See 
Sections 1.c, 2.c., and 6.d.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides the right 
to form and join unions and professional associations, subject to 
regulating law. Labor Law 150 of 1987, enacted by the Saddam 
government, did not technically remove that right. However, it declared 
virtually all public sector workers to be government ``executives,'' 
and therefore legally ineligible to form or to join unions, a move 
that, in effect, eliminated unions and the right of association from 
the public sector. In the private sector, the extant 1987 Trade Union 
Organization Law allows employees to form workers' committees, with 
limited rights of association, in private sector worksites employing 
more than 50 workers. Originally, this was also intended, in practice, 
to remove the right of association from a majority of private sector 
workers, because most private sector businesses employ fewer than 50 
workers. Decree 8750 of 2005, which cancelled unions' leadership 
boards, froze their assets, and formed an inter-ministerial committee 
to administer unions' assets and assess their capacity to resume 
activity, also inhibited union activity. The laws and decree do not 
prohibit antiunion discrimination by employers or others. In addition 
to this oppressive legal and regulatory framework, violence and 
insecurity, high unemployment, and maladapted labor organizational 
structures inhibited the exercise of labor rights.
    Despite the restrictions, however, MOLSA worked with the 
International Labor Organization (ILO) during the year to prepare 
modern labor legislation that was expected to supersede the 1987 laws 
and the 2005 decree, and conform to international statutes and to 
retrain ministry staff in applying its provisions. The legislation was 
under constitutional review at year's end.
    During the year MOLSA also made some progress toward reforming and 
removing some the limitations the Saddam regime had imposed on workers' 
rights. In the private sector, MOLSA extended the right to form 
workers' committees to work sites employing fewer than 50 persons. In 
the public sector, it permitted workers in several state-owned 
enterprises (SOEs) and in some sectors of the Ministry of Oil to form 
workers' committees. Several of these committees were in the nascent 
phase of their existence, so there was little reliable information as 
to their numbers or their effectiveness at year's end. However, MOLSA 
officials stated that the committees are already cooperating with MOLSA 
to help enforce occupational safety standards. However, public sector 
unions were still not permitted in practice, while private sector 
unions enjoy the right to seek government arbitration for labor 
disputes, but not the right to strike.
    The MOLSA Labor Directorate has jurisdiction over the labor code, 
child labor, wages, occupational safety and health issues, and labor 
relations.
    The Government was the largest employer in the country; reliable 
estimates indicate the public sector accounted for 30 to 35 percent of 
the total workforce. There were no government-sponsored prosecutions or 
attacks on trade union activists during the year.
    During most of the year MOLSA only recognized and dealt with 
private sector unions belonging to the General Federation of Iraqi 
Workers (GFIW). The GFIW formed in 2005 when the Iraqi Federation of 
Workers' Trade Unions, the General Federation of Trade Unions, and 
General Federation of Iraqi Trade Unions merged. During the year MOLSA 
also worked to monitor workplace safety and workers' rights with 11 
independent unions, which were officially registered with the 
Government but would not be formally recognized unless the new ILO-
compatible legislation is enacted.
    The constitution states that every citizen has the right to 
demonstrate and strike peaceably in accordance with the law; however, 
the extant 1987 labor code rules out the existence of public sector 
labor unions capable of carrying out industrial action and prohibits 
striking in the public and private sectors. There were no major 
strikes. However, workers at state-owned companies affiliated with the 
Ministry of Oil in Basrah walked off the job briefly in June to protest 
a government decision to transfer eight labor activists and to demand 
the legal right to strike. The event was resolved following MOLSA 
mediation. Public sector workers in several areas also engaged in 
organized protests or brief work stoppages in August in support of a 
government bill to raise wages.

    b. The Right to Organize and Bargain Collectively.--The extant 1987 
labor code in effect rules out the existence of labor unions able to 
carry out any free and independent labor union activity and therefore 
effectively prohibits independent organizing and collective bargaining 
in the public and private sectors.
    Because unions have no legal power to negotiate with employers, 
proactive protection of workers' rights through collective bargaining 
and written collective contracts is not possible. Unions, however, can 
play a reactive role when there are labor disputes, and they have the 
right to demand government arbitration. The 1987 Trade Union 
Organization Law defines ``labor disputes'' as collective conflicts 
arising between workers and employers over the provisions of the labor 
code and/or individual employment contracts. Government labor courts 
are empowered to rule on labor code violations and disagreements. MOLSA 
officials, who are charged with ensuring that public and private sector 
employers provide workers government-mandated social security, pension, 
health care, and other benefits regardless of the size of the company, 
readily acknowledged that enforcing these social safety net laws was 
made more difficult without the partnership and cooperation of strong 
unions.
    The absence of collective bargaining and collective contracts at 
national and local levels significantly diminished unions' power to 
defend workers' rights pertaining to their access to social protection.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, according 
to press reports, foreign workers were sometimes subjected to abusive 
forced labor. Foreign workers were also reportedly induced, tricked, or 
forced to enter the country for work via nearby countries. In some 
cases, they were the victims of involuntary servitude involving high 
indebtedness, passport confiscation, and virtual imprisonment, or fraud 
amounting to involuntary servitude and trafficking. There were reports 
throughout the year that foreign workers in the Kurdish region 
complained they were unable to return to their countries of origin 
because their employment agencies seized their passports when they 
arrived in the country. Some countries of origin undertook efforts to 
repatriate workers.
    Other parts of this report contain related information; See Section 
5.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the worst forms of child labor; however, the Government 
did not effectively enforce these laws. The law limits working hours 
for workers less than 18 years of age and prohibits their employment in 
dangerous occupations. The minimum age for employment was 15 years; 
however employment of anyone under 16 years in work detrimental to 
health, safety, or morals was prohibited. MOLSA's Child Labor Unit 
sought to enforce child labor standards, but its work suffered from 
insufficient personnel and budget resources.
    Poor families routinely used children to augment their income-
earning potential. This work often took the form of seasonal labor in 
rural areas or begging or peddling in urban settings. There were 
anecdotal reports of children working in hazardous famil.--owned 
automobile shops or on construction sites.
    The Government introduced a targeted, means-tested social safety 
net (SSN) program in 2005 to reduce poverty and protect children 
against the deteriorating living conditions in their households. To 
date, one million families have received benefits and services 
administered by MOLSA. The SSN package included a child allowance, 
conditional upon school attendance, and programs to assist former and 
current street children were also funded by the Government. Additional 
projects to enhance the protection of children have been funded by 
international organizations and NGOs.
    Other parts of this report contain related information; See Section 
5.

    e. Acceptable Conditions of Work.--Wages are set by contract in the 
private sector and set by the Government in the public sector. The 
national minimum wage for a skilled worker was less than 10,500 dinars 
(approximately $7) per day and for an unskilled worker less than 5,250 
dinars ($3.50) per day. The standard workday is eight hours with one or 
more rest periods. Up to four hours of overtime work per day is 
permitted, and premium pay for overtime is required. The average salary 
was approximately 1.875 million dinars ($1,250) per year. These 
earnings were barely above poverty level ($2 or 3,000 dinars per day) 
and did not provide a decent standard of living for a worker and 
family.
    According to international governmental organizations, NGOS, and 
press reports, some foreign workers in the country were subjected to 
abusive treatment, including confiscation of travel and identity 
documents, confinement, physical abuse, unwanted sexual advances, 
delayed or no pay, forced daily and weekly overtime, and hazardous 
working conditions; no legal action in this area was reported.
    The occupational safety and health component of MOLSA had staff 
located throughout the country. The law provides that workers have the 
right to remove themselves from a situation endangering health and 
safety without prejudice to their employment. Occupational safety and 
health standards and programs existed and were sometimes enforced in 
state-owned enterprises. However, MOLSA officials acknowledged that 
enforcing occupational safety and health standards was made more 
difficult without the partnership and cooperation of strong unions.


                               __________


                  ISRAEL AND THE OCCUPIED TERRITORIES

    Israel is a multiparty parliamentary democracy with a population of 
approximately 7.3 million, including Israelis living in the occupied 
territories. Israel has no constitution, although a series of ``Basic 
Laws'' enumerate fundamental rights. Certain fundamental laws, orders, 
and regulations legally depend on the existence of a ``State of 
Emergency,'' which has been in effect since May 19, 1948. The 120-
member, unicameral Knesset has the power to dissolve the Government and 
mandate elections. March 2006 elections for the Knesset were considered 
free and fair. On September 17, Prime Minister Ehud Olmert announced 
that he would resign following a Kadima Party primary election but 
remain as caretaker prime minister pending the outcome of general 
elections scheduled for February 10, 2009. Civilian authorities 
generally maintained effective control of the security forces within 
Israel. (An annex to this report covers human rights in the occupied 
territories. This report deals only with human rights in Israel and the 
Israeli-occupied Golan Heights.)
    The Government generally respected the human rights of its 
citizens, although there were problems in some areas. There were 
several high-profile cases involving corruption by political leaders. 
Institutional, legal, and societal discrimination against Arabs, non-
Orthodox Jews, and other religious groups continued, as did societal 
discrimination against persons with disabilities. Women suffered 
societal discrimination and domestic violence. The Government 
maintained unequal educational systems for Arab and Jewish students. 
Trafficking in and abuse of women and foreign workers remained a 
problem, as did societal discrimination against persons with 
disabilities.
    Palestinian rocket and terrorist attacks killed 24 civilians in 
Israel during the year. One terrorist attack allegedly perpetrated by 
radical members of the Jewish settlement movement injured one Israeli 
civilian.
                        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 politically motivated killings.
    On March 21, two police officers beat Sabri al-Jarjawi, a 25-year-
old Bedouin man from the Negev, until he fell into a coma for three 
months before dying. A friend of al-Jarjawi, who was present during the 
incident, stated that the attack was unprovoked. According to a police 
statement, the two officers resorted to force after one of the two 
Bedouin men assaulted one of the officers. A Police Investigation 
Department (PID) investigation continued at year's end.
    In October 2007 a Palestinian prisoner, Mohammed al-Askar, was 
killed during a riot at Ketziot Prison in southern Israel. Prisoners 
alleged that security forces improperly used crowd-dispersal weapons, 
including rubber bullets and bean bag projectiles. An internal Israel 
Prison Service (IPS) investigation concluded during the year and was 
forwarded to the district attorney for review, according to the 
Government. The result of the IPS investigation was not revealed to the 
public, and there were no further developments at year's end.
    On January 17, border policeman Avraham Tomer was convicted of 
manslaughter for killing Palestinian laborer Iyad Abu Aya during a 2006 
raid near Tel Aviv. Court documents revealed that Tomer and two other 
border police officers detained and beat three undocumented Palestinian 
laborers with clubs before Tomer shot and killed Abu Aya. On November 
9, Tomer was sentenced to one year in prison.
    On November 11, in an initial hearing, a border policeman pled not 
guilty in the 2006 killing of Nadim Milham, an Israeli Arab. The 
policeman, searching for weapons in Milham's home, allegedly beat and 
shot him from behind when he attempted to escape, according to the 
nongovernmental organization (NGO) Mossawa Advocacy Center for Arab 
Citizens of Israel (Mossawa).
    In 2006 the attorney general ordered a review of the PID decision 
to end its investigation of the 2000 police killings of 13 protesters. 
Following the review the attorney general announced on January 27 that 
he was upholding the PID decision to close the case without 
indictments. The decision was met with protests and strikes throughout 
the Arab-Israeli community.
    Palestinians killed 24 civilians (23 Israelis and one noncitizen) 
in rocket and other terrorist attacks.
    For example, on February 4, a Palestinian suicide bomber struck a 
shopping mall in the southern town of Dimona, killing one person and 
injuring nine others. Israeli police killed a second attacker before he 
was able to detonate his bomb belt. Two terrorist groups, the al-Aqsa 
Martyrs Brigades and the Popular Front for the Liberation of Palestine, 
claimed joint responsibility for the attack.
    On March 6, a Palestinian resident of East Jerusalem shot and 
killed eight students and wounded 11 others at the Mercaz Harav Kook 
Yeshiva (Jewish religious school) in West Jerusalem. An off-duty 
soldier entered the yeshiva and killed the assailant.
    On July 2, a Palestinian resident of East Jerusalem killed three 
persons and wounded at least 18 others with a bulldozer in West 
Jerusalem before being shot and killed by an off-duty soldier. The 
Government defined the incident as a terrorist attack, but the police 
were unable to determine a clear motive.
    Palestinian terrorists routinely fired rockets and mortars from the 
Gaza Strip into Israel. According to the Government, citing numbers 
from the Intelligence and Terrorism Information Center, Palestinians 
fired 1,571 rockets and 1,531 mortars into Israel, up from 896 rockets 
and 749 mortars in 2007. Rocket, mortar, and sniper fire from the Gaza 
Strip killed 10 civilians during the year.
    According to the NGO B'Tselem, Israeli military operations killed 
an estimated 782 Palestinians in the West Bank and Gaza, including at 
least 315 by year's end as a result of Israeli Air Force (IAF) 
airstrikes. The strikes were targeted against Hamas security 
installations, personnel, and other facilities in the Gaza Strip. The 
Israeli military operation continued at the end of the calendar year 
(See Annex).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--According to a 1999 High Court ruling, torture and the 
application of physical or psychological pain are illegal. However, 
Israel Security Agency (ISA) interrogators may be exempt from criminal 
prosecution if they use such methods in extraordinary ``ticking bomb'' 
cases. Human rights NGOs alleged that the ISA applied this exemption 
more often than the court intended. In November three NGOs--the 
Association for Civil Rights in Israel (ACRI), HaMoked: Center for the 
Defense of the Individual, and the Public Committee against Torture in 
Israel (PCATI)--filed a contempt of court motion to enforce the High 
Court's ruling. The motion was pending at year's end.
    During the year NGOs filed numerous complaints alleging that 
security forces tortured or abused Palestinians from the occupied 
territories (see Annex).
    On June 20, HaMoked reported that three police officers detained 
and severely beat one of its employees, East Jerusalem resident Tareq 
Abu Laban, while he was visiting friends in Tel Aviv. A PID 
investigation continued at year's end.
    On July 19, police arrested two soldiers for attacking two Druze 
families on a beach near Haifa. One of the victims, an off-duty border 
policeman, suffered moderate injuries when he was beaten with rifle 
butts, batons, and a fire hydrant, according to witnesses cited in 
press reports. The victims told police the two soldiers were drunk and 
made racist remarks throughout the attack. The police investigation 
continued at year's end.
    The NGO Hotline for Migrant Workers (Hotline) reported receiving 
four complaints regarding violence by the immigration police, down from 
six in 2007.
    On April 13, two policemen allegedly detained and beat Fadi 
Darab'i, an undocumented Palestinian laborer, at a construction site in 
the Israeli town of Gan Yavneh. Darab'i accused one of the policemen of 
twisting his arm while the other kicked him in the groin. According to 
Darab'i and other Palestinian detainees, police at the station where 
Darab'i was taken refused his request for an ambulance. Darab'i 
eventually received treatment for his injuries at a Palestinian 
hospital in the West Bank, where he underwent surgery to remove a 
damaged testicle. On October 28, the PID indicted officers the two 
officers, Iyad Huzeyl and Dani Havery, for assault involving grievous 
injury. The case continued at year's end.
    On September 25, prominent Hebrew University professor and critic 
of the settlements Ze'ev Sternhell was wounded when a pipe bomb, 
allegedly planted by radical members of the settlement movement, 
exploded as he opened the door of his home in West Jerusalem. After the 
attack police found flyers near Sternhell's home calling for the 
establishment of a new state in the West Bank based on Jewish religious 
law. The flyers, signed by a Jewish extremist group called the Army of 
the State Liberators, also offered 1.1 million NIS ($314,000) to anyone 
who killed a member of the NGO Peace Now.
    In 2006 three border police officers--Eliran Levy, Moshe Yekutiel, 
and Almit Asarsa--were indicted on charges of aggravated assault for 
abusing Abd Tareq Ahrub, a West Bank resident caught in Jerusalem 
without a permit. During the year the case was scheduled for a hearing 
in January 2009.
    In October 2007 the Supreme Court began considering the state's 
appeal of a district court decision not to dismiss a lawsuit filed 
against the state by Lebanese citizen Mustafa Dirani, who charged that 
Israeli security forces tortured and raped him during interrogations 
between 1994 and 2004. The case was awaiting a Supreme Court hearing 
date at year's end.

    Prison and Detention Center Conditions.--The law provides detainees 
the right to conditions that do not harm their health or dignity. 
Conditions in IPS facilities for common criminals and security 
prisoners generally met international standards. (Conditions in four 
facilities for detainees are covered in the annex.) The International 
Committee of the Red Cross (ICRC) regularly monitored IPS facilities, 
interrogation facilities, and the two Israel Defense Forces (IDF) 
Provisional Detention Centers. The Israel Bar Association (IBA) and 
public defenders were permitted to inspect IPS facilities. Overcrowding 
remained a significant problem. Regulations require at least 48 square 
feet of living space per person, but the Prison Authority reported in 
October 2007 that the average space was 31 square feet per prisoner.
    In August the IBA issued a report on Sharon and Hadarim prisons 
alleging that security prisoners did not receive adequate health care, 
and that special IPS units assigned to the prisons routinely used dogs 
to attack prisoners. Unsanitary and poorly lit cells were also cited as 
problems. The IPS disputed the report and stated that the accusation 
that prison guards used dogs to abuse prisoners had been examined and 
found false.
    In July the Public Defender's Office released its annual report 
covering conditions in Israeli prisons and detention centers in 2007. 
The report revealed that in one-third of prisons visited, inmates and 
detainees complained that guards regularly treated them with violence, 
threats, and humiliation. The report applauded the IPS for creating a 
special team to deal with shortcomings in the previous year's report 
but noted that almost nothing had been accomplished to improve 
conditions.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions for citizens. Arab Israelis are subject to the same laws 
as all citizens. Noncitizens of Palestinian origin detained on security 
grounds fell under military jurisdiction even if detained in Israel 
(see Annex). Non-Israeli residents of the Israeli-occupied Golan 
Heights were subject to the same laws as Israeli citizens.

    Role of the Police and Security Apparatus.--The ISA (or Shin Bet), 
under the authority of the prime minister, combats terrorism and 
espionage in Israel and the occupied territories (see Annex). The 
National Police, including the Border Police and the Immigration 
Police, are under the authority of the Ministry of Internal Security. 
Police corruption generally was not a problem.
    The PID, within the Ministry of Justice, reviews complaints against 
police officers and may impose disciplinary measures or recommend 
indictments. Human rights groups alleged that the PID lacked 
independence and failed to investigate adequately complaints filed 
against police officers by Arab Israelis and Palestinians. In 2006 in 
response to a State Comptroller report, the PID announced a six-year 
plan to cede control over police investigations to a new civilian body. 
According to the Government, the PID hired and trained 15 civilian 
investigators during the year.
    The police carried out training programs in coordination with 
academic institutions and human rights NGOs to promote human rights 
awareness and cultural sensitivity. During the year the National Police 
provided mandatory Arabic language and culture classes for all new 
cadets.

    Arrest and Detention.--The law provides that an arrested citizen is 
considered innocent until proven guilty and has the right to habeas 
corpus, to remain silent, to be represented by an attorney, to contact 
family members, and to receive a fair trial. The Government may 
withhold evidence from defense lawyers on security grounds; however, 
the evidence must be made available to the court. A bail system exists, 
and a decision denying bail can be appealed. As a general practice, 
non-Israelis of Palestinian origin detained for security violations 
were not granted bail. An individual suspected of a criminal offense 
may be held without charge for 24 hours before being brought before a 
judge. Suspects in nonsecurity cases were apprehended openly with 
warrants based on sufficient evidence and issued by an authorized 
official. Detainees in such cases generally were informed promptly of 
the charges against them. Persons detained on security grounds may fall 
under one or more of the legal regimes described below.
    Under a 2006 ``temporary law'' on criminal procedures that has 
twice been renewed, individuals suspected of a security offense may be 
held for 96 hours before being brought before a judge. The law, which 
is set to expire again in December 2010, allows the court to authorize 
holding a detainee for up to 20 days without an indictment and to bar a 
detainee from consulting a lawyer for up to 50 days. Decisions may be 
further extended and made without the detainee being present or, in 
some cases, informed of the hearing.
    The 1979 Emergency Powers Law allows the Defense Ministry to detain 
persons administratively without charge for up to six months, renewable 
indefinitely. Such detainees, almost all Palestinians, were permitted 
legal representation. The court may rely on classified evidence denied 
to detainees and their lawyers. Detainees can appeal their cases to a 
military court and ultimately to the Supreme Court.
    Persons detained under the 2002 Illegal Combatant Law have the 
right to see an attorney within seven days, can be held for 14 days 
without judicial review, may be denied access to counsel for up to 21 
days, and may be held indefinitely subject to twice yearly district 
court reviews. The law also established a military court system inside 
Israel that may, under certain circumstances, rule on requests to 
extend a detainee's incarceration. In June the Government extended for 
an additional four years a ``temporary provision'' that exempts law 
enforcement personnel from the law requiring them to film and audio 
record all interrogations of detainees suspected of security offenses.
    Human rights groups alleged administrative security detention 
orders by military commanders based on ``security reasons'' were used 
even when the accused posed no clear danger. As of November 30, 
according to the NGO B'Tselem, there were 569 administrative detainees 
in IPS detention centers, while the IDF held none as of October 29. 
While most administrative detainees were held for periods ranging from 
six months to three years, in August the IBA reported that at least one 
administrative detainee in Sharon Prison, Mahmoud Azan, had been 
imprisoned for 10 years without charge.
    The law provides that a foreign national suspected of immigration 
violations be afforded a hearing within four days of detention. They 
have the right to, but no guarantee of, legal representation. According 
to Hotline, appropriate interpreters were not always present at the 
hearings, despite a 2002 written commitment by the Government to the 
Supreme Court to provide translators. Hotline reported that in Ketsiot, 
where most asylum seekers are detained, translators were rarely present 
during hearings. According to Hotline, persons held in immigration 
detention rarely were released pending judicial determination of their 
status. Moreover, if the detainee's country of origin had no diplomatic 
or consular representation, he or she could remain in detention for 
months. According to Hotline, at the end of the year more than 1,000 
detainees were waiting for determination of their asylum claims, more 
than 100 of them children.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government respected this provision in 
practice. The judiciary has ruled against the executive, including in 
security cases.
    The judicial branch comprises magistrate courts, six district 
courts, the Supreme Court, and High Court of Justice. Magistrate courts 
adjudicate misdemeanors and lesser civil disputes; district courts 
adjudicate felonies and serious civil cases. There are also military, 
religious, labor relations, and administrative courts, with the High 
Court of Justice as the ultimate judicial authority. The High Court of 
Justice is a court of first instance for claims against the Government. 
Its members also sit as the Supreme Court, adjudicating appeals of 
lower court rulings. Religious courts have jurisdiction over matters of 
personal status for their adherents.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The 
country's criminal justice system is adversarial, and professional 
judges decide all nonmilitary court cases. Administrative detainee 
hearings are not trials and do not follow established trial procedures.
    Trials are public except when the court determines that a closed 
trial is required to protect state security, foreign relations, a 
party's or witness's right to privacy, or a sexual offense victim. 
Security or military trials are open to independent observers at the 
discretion of the court but not to the general public. All indigent 
defendants facing imprisonment receive mandatory representation. 
According to the Government, counsel represented all defendants in 
district and Supreme Court trials and in approximately 80 percent of 
cases in the magistrate courts.
    Defendants have the right to question witnesses against them, to 
present witnesses on their behalf, to access evidence (except when the 
court determines such access would compromise state security), and to 
appeal.
    Military courts provide some, but not all, of the procedural rights 
granted in civil criminal courts. The 1970 evidentiary rules governing 
trials under military law of Palestinians and others applicable in the 
occupied territories are the same as evidentiary rules in criminal 
cases. Convictions may not be based solely on confessions; however, 
B'Tselem, PCATI, and other NGOs alleged that in practice security 
prisoners have been sentenced on the basis of coerced confessions, 
coerced testimony of others, or both. The use of secret evidence is 
widespread in military trials. Counsel may assist the accused in such 
trials, and a judge may assign counsel to defendants. Indigent 
detainees do not automatically receive free legal counsel for military 
trials. The defendant and the public receive the charges in Hebrew, and 
the court can order an Arabic translation. Interpreters and translators 
were not always available. Defendants can appeal through the Military 
High Court and petition the High Court of Justice. Military courts 
treat Palestinian minors ages 16 and 17 as adults.
    There are also custodial courts and four deportation courts to 
address the removal of illegal immigrants.

    Political Prisoners and Detainees.--There were no reports of 
Israeli citizen political prisoners or detainees (See Annex).

    Civil Judicial Procedures and Remedies.--An independent and 
impartial judiciary adjudicates lawsuits seeking damages for, or 
cessation of, human rights violations. Administrative remedies exist, 
and court orders were usually enforced.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides for protection of privacy of the 
individual and the home. In criminal cases the law permits wiretapping 
under court order; in security cases, the defense ministry must issue 
the order. Under emergency regulations authorities may open and destroy 
mail on the basis of security considerations.
    On June 27, a new law went into effect allowing police officers and 
other public investigators to request court orders to obtain personal 
information from private communications companies, including landline 
and cellular telephones and Internet service providers (ISPs). To 
access private communications records under the new law, investigators 
must demonstrate that their goal is to save or preserve life, 
investigate or prevent crime, or seize property in accordance with the 
law. Civil rights NGOs accused the Government of seeking to interfere 
with citizens' right to privacy. The Government countered that the law 
codified existing practices and was necessary to fight crime.
    Separate religious court systems adjudicate personal status, such 
as marriage and divorce, for the Jewish, Muslim, Christian, and Druze 
communities. Jews can marry only in Orthodox Jewish services. Civil 
marriages, marriages of non-Orthodox Jews, or marriage to someone from 
another faith must take place abroad in order to be recognized. 
According to the NGO New Family Organization, more than 5,000 couples 
marry in civil ceremonies abroad each year, most in Cyprus. The 
Government allows consular marriages as long as both parties are 
classified as having no religion or belonging to a religious community 
the state does not recognize.
    The authority to grant status (citizenship and residency) to a non-
Israeli spouse, including Palestinian and other non-Jewish foreign 
spouses, resides with the Ministry of the Interior (MOI). On July 1, 
the Knesset extended for another year the temporary 2003 Citizenship 
and Entry Law, which prohibits a citizen's Palestinian spouse from the 
occupied territories from residing in the country. A Palestinian male 
spouse age 35 and older and female spouse age 25 and older may apply 
for temporary visit permits. In 2007 Mossawa, citing MOI statistics, 
claimed the law affected ``at least 21,298 families,'' including 
couples with long-1standing marriages. Civil rights groups criticized 
the denial of citizenship and residency status to spouses of Israeli 
Arabs, who constitute the majority of Israelis married to residents of 
the occupied territories. In March 2007 the Knesset also expanded the 
law to bar family reunification in cases where one spouse is a non-
Jewish citizen of Iran, Iraq, Syria, or Lebanon.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. The law prohibits hate speech and incitement to 
violence, and the 1948 Prevention of Terrorism Ordinance prohibits 
expressing support for illegal or terrorist organizations.
    Israel has 13 daily newspapers, at least 90 weekly newspapers, more 
than 250 periodicals, and a number of Internet news sites. All 
newspapers were privately owned and managed. Journalism laws dating 
from the British mandate period require that the MOI license newspapers 
and allow the minister, under certain conditions, to close a newspaper.
    The state-owned Israel Broadcast Authority controls the Hebrew-
language Israel Television and an Arabic-language channel, as well as 
Kol Israel (Voice of Israel) radio, which airs news and other 
programming in Hebrew, Arabic, and other languages. The Second 
Television and Radio Authority, a public body, supervises the two 
privately owned commercial television channels and 14 privately owned 
radio stations.
    A cable company, HOT, and one satellite television company carried 
international networks and programs produced for domestic audiences. In 
July 2007 HOT dropped the Christian network Daystar TV from its 
subscriber package citing ``editorial and content considerations'' 
following complaints about proselytizing. A petition by Daystar TV to 
the Supreme Court was pending at year's end.
    The law authorizes the military to censor sensitive material 
reported from Israel or the occupied territories. Under an agreement 
between the Government and media representatives, all media 
organizations must submit to military censors materials that deal with 
specific military issues as well as strategic infrastructure issues, 
such as oil and water supplies. The censor's decisions may be appealed 
to the High Court, and the censor cannot appeal a court judgment. 
Foreign journalists were required to submit sensitive articles and 
photographs to the military censor but in practice rarely complied. The 
MOI has no authority over the military censor.
    All journalists operating in Israel must be accredited by the 
Government Press Office.
    News printed or broadcast abroad may be consumed in Israel without 
censorship, apart from security exceptions. There were no reports that 
the Government fined newspapers for violating censorship regulations 
during the year.
    The Government prohibited Israeli journalists from entering the 
Gaza Strip, and those who did were subject to legal penalties such as 
fines and restraining orders. In early November the Government also 
started preventing foreign journalists from entering the Gaza Strip. On 
November 24, the Foreign Press Association (FPA) in Israel filed a 
petition to the High Court requesting that it overturn the ban on 
foreign journalists entering the Gaza Strip. On December 31, the High 
Court ruled in favor of the FPA petition. The Government had not 
complied at year's end.

    Internet Freedom.--There were generally no restrictions on Internet 
access. The Government monitored cellular and landline telephones and 
ISPs. The December 2007 survey results published in Globes newspaper 
indicated Israelis averaged 37.4 hours per month of Internet usage. 
Approximately four million persons had Internet access.

    Academic Freedom and Cultural Events.--There were generally no 
government restrictions on academic freedom or cultural events.
    Israeli universities are required to justify to the IDF acceptance 
of Palestinian students from the occupied territories. According to 
revised government criteria submitted in response to a November 2007 
High Court order, as many as 70 students from the West Bank may pursue 
graduate studies in Israeli universities at any given time, provided 
there is no practical alternative and the chosen program is not in a 
field that could provide knowledge or skills capable of harming Israel. 
There were no students from Gaza (See also Annex).

    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.
    On May 15, approximately 15,000 Arab Israelis and other activists 
marched to the former Arab village of Safouriya, now a Jewish 
community, as part of a demonstration to mark the 60th anniversary of 
the establishment of the State of Israel. The procession, which started 
peacefully, ended with clashes between demonstrators and security 
forces. The police stated that they acted with restraint and 
appropriate force after several demonstrators began throwing stones at 
them, while the demonstrators claimed that the police attacked first. 
The Israeli NGOs Adalah and the Arab Association of Human Rights (AAHR) 
released video footage that, according to press reports, showed police 
beating or kicking some demonstrators in the head and face as they sat 
handcuffed on the ground. According to press and NGO reports, police 
attacked several local and international journalists, including a CNN 
correspondent, and in some cases confiscated cameras and erased 
footage. On September 25, Adalah and AAHR submitted a formal complaint 
to the PID. The PID investigation continued at year's end.

    Freedom of Association.--The law provides for the right of 
association, and the Government generally respected this right in 
practice.
    On April 10, Adalah appealed to the attorney general to halt ISA 
interrogations of political activists from the Israeli-Arab Balad 
party, which holds three Knesset seats. Adalah stated that the ISA was 
intimidating Balad members and interfering with the legitimate 
political activity of the Arab minority. In his May 12 response, the 
attorney general denied Adalah's appeal and argued that the ISA's 
activities were necessary to ensure that relationships between former 
Balad leader and Knesset member Azmi Bishara (who fled the country in 
2007 amid espionage allegations) and Balad members still in the country 
could not be exploited to harm Israel.

    c. Freedom of Religion.--The law provides for freedom of worship, 
and the Government generally respected this right in practice.
    The Basic Law and Declaration of Independence recognize the country 
as a ``Jewish and democratic state,'' while also providing for full 
social and political equality, regardless of religious affiliation. The 
Government recognized only Orthodox Jewish religious authorities in 
personal and some civil status matters concerning Jewish persons. The 
Government implemented policies including marriage, divorce, education, 
burial, and observance of the Sabbath based on Orthodox Jewish 
interpretation of religious law, and allocations of state resources 
favored Orthodox Jewish institutions. According to government figures, 
during the year the budget for religious services and religious 
institutions for the Jewish population was approximately 1.6 billion 
NIS ($457 million). Religious minorities, which comprised slightly more 
than 20 percent of the population, received approximately 65 million 
NIS ($18.6 million), or just less than 4 percent of total funding.
    The law confers recognition on some religious communities, granting 
them authority over their members in personal status matters. 
Recognized communities are: Eastern Orthodox, Latin (Roman Catholic), 
Gregorial-Armenian, Armenial-Catholic, Syrian (Catholic), Chaldean 
(Uniate), Greek Catholic Melkite, Maronite, Syrian Orthodox, Orthodox 
Jewish (both Ashkenazic and Sephardic rites), Druze, the Evangelical 
Episcopal Church, and the Baha'i. The status of several Christian 
denominations is defined by arrangements with government agencies. 
Legislation enacted in 1961 afforded Muslim courts exclusive 
jurisdiction in matters of personal status concerning Muslims, although 
the state regulates judicial appointments to these courts. Secular 
courts have primacy over questions of inheritance, but parties may 
bring cases to religious courts by mutual agreement. Muslims also may 
bring alimony and property division matters associated with divorce to 
civil courts.
    Several religious communities, including Protestant groups, were 
not recognized. Unrecognized communities generally practiced their 
religion freely and maintained communal institutions but were 
ineligible to receive government funding for religious services.
    Under the Law of Return, the Government grants immigration and 
residence rights to individuals who meet established criteria defining 
Jewish identity. Included in this definition is a child or grandchild 
of a Jew, the spouse of a Jew, the spouse of a child of a Jew, and the 
spouse of a grandchild of a Jew. The Government uses a separate, more 
rigorous standard based on Orthodox Jewish criteria to determine the 
right to full citizenship, entitlement to government financial support 
for immigrants, the legitimacy of conversions to Judaism performed 
within the country, and Jewish status for purposes of personal and some 
civil status issues.
    Many Jewish citizens objected to exclusive Orthodox control over 
aspects of their personal lives. Approximately 310,000 citizens who 
immigrated either as Jews or as family members of Jews are not 
considered Jewish by the Orthodox Rabbinate. They cannot be married, 
divorced, or buried in Jewish cemeteries within the country. A 1996 law 
requiring the Government to establish civil cemeteries has not been 
fully implemented.
    The 1967 Protection of Holy Sites Law protects all holy sites, but 
the Government implemented regulations only for 137 Jewish sites, 
leaving many Muslim and Christian sites neglected, inaccessible, or 
threatened by property development. The Holy Sepulchre and other well-
known sites have de facto protection as a result of their international 
importance; however, community mosques, churches, and shrines often 
faced threats from developers and municipalities that Jewish sites did 
not face. Christian pilgrimage sites around the Sea of Galilee faced 
regular threats of encroachment from district planners who wanted to 
use parts of the properties for recreation.
    In response to a court order, in 2006 the Government appointed an 
interministerial committee to examine the administrative and budgetary 
management of holy sites. In August 2007 the Supreme Court ordered the 
Government to explain its failure to protect Islamic holy sites and to 
provide funds for their maintenance. On March 5, the Government 
responded that the promulgation of specific regulations was not 
necessary to maintain and protect the holy sites of any religion. The 
Government also announced it would grant a special two million NIS 
($571,000) budget to the Israel Land Administration (ILA) for the 
upkeep of unused mosques on lands the ILA manages.
    Offering or receiving material inducements for conversion, as well 
as converting persons under 18 years of age, remained illegal unless 
one parent was of the religion to which the minor wished to convert. 
The Church of Jesus Christ of Latter-day Saints refrained from 
proselytizing under an agreement with the Government. While officially 
legal, missionaries faced harassment and discrimination by some Haredi 
(Ultra-Orthodox) Jewish activists and organizations and certain local 
government officials.
    On April 28, immigration police arrested German student Barbara 
Ludwig and prepared to deport her for failing to maintain a valid 
student visa. According to Ludwig and her attorneys, Ludwig made 
repeated attempts to renew her student visa but was denied because the 
Interior Ministry determined that she was a Messianic Jew. In an April 
29 article, the Jerusalem Post described letters addressed to Ludwig 
from the MOI criticizing her alleged missionary activity.
    The legal defense NGO Jerusalem Institute of Justice (JIJ) also 
alleged that MOI officials denied services to certain citizens based on 
their religious beliefs. The JIJ's legal defense caseload for such 
cases contained approximately 143 open files during the first half of 
the year. This included numerous cases dealing with MOI attempts to 
revoke citizenship or failure to process immigration applications from 
persons entitled to citizenship under the Law of Return, if it was 
determined such persons held Messianic or Christian beliefs.
    On April 16, the High Court responded to a petition filed by the 
JIJ on behalf of 12 immigration applicants born of Jewish fathers and 
non-Jewish mothers by ruling that the Government could not deny status 
to a person eligible to immigrate under the Law of Return on the basis 
of that person's identification as a Messianic Jew, as long as that 
person was not defined as Jewish according to the Chief Rabbinate's 
Orthodox criteria. The High Court did not prohibit the Government from 
discriminating on the basis of religious belief in cases involving 
immigrants who meet the Orthodox criteria for being a Jew, for example 
by having a Jewish mother or by undergoing a Chief Rabbinate-recognized 
Orthodox conversion.

    Societal Abuses and Discrimination.--There were reports of societal 
abuses or discrimination based on religious belief or practice.
    Members of Jehovah's Witnesses reported an increase in assaults and 
other crimes against their membership in 2007 and during the year and 
noted the difficulties their members faced convincing the police to 
investigate or apprehend the perpetrators. Between September 2007 and 
September, members of Jehovah's Witnesses filed 46 criminal complaints 
against antimissionary activists, most of whom belong to the Haredi 
antimissionary organization Yad L'Achim. The crimes ranged from 
harassment to assault. Police responded to 15 of 35 calls for 
assistance during the same time period, according to the Jehovah's 
Witnesses legal department. The JIJ noted a similar increase in crimes 
and violent assaults against members of the congregations it 
represents. In September the police reissued a 1999 directive to police 
reminding them of their duty to investigate fully crimes against 
minority religious communities.
    On May 15, residents of the Tel Aviv suburb of Or Yehuda publicly 
burned hundreds of Christian Bibles missionaries had distributed in the 
community. The incident was reportedly organized by the deputy mayor of 
Or Yehuda, Uzi Aharon, after he received complaints about the Messianic 
Jewish presence from area residents. Aharon told the newspaper Maariv 
the municipality operated a team of activists devoted entirely to 
uprooting missionary activity, including the burning of New Testaments, 
and that their activities were a fulfillment of the commandment to 
``burn the evil from your midst.'' Aharon subsequently expressed regret 
for any damage done to Jewish-Christian relations, but he later stated 
on the country's Army Radio that it was necessary to ``purge the evil 
among us.''
    On May 27, the Chief Rabbinate, joined by Christian and Muslim 
leaders from the country and the West Bank, issued a statement 
condemning the Or Yehuda New Testament burnings but also condemning all 
attempts to convert a person from one faith to another. On May 29, the 
Foreign Ministry condemned the burnings as ``contrary to the values of 
the State of Israel.''
    On March 3, unknown vandals broke into the Hassan Bek Mosque in Tel 
Aviv, damaging the gardens and property.
    On August 13, unknown arsons attacked the Beit Yaakov Synagogue in 
the Tel Aviv suburb of Bnei Brak, destroying the synagogue's Torah 
scrolls.
    In September 2007, during the Jewish Holy Day of Yom Kippur when 
driving is prohibited in Jewish areas, a 20-year-old Arab-Israeli man, 
Ashad Shibli, ran over a 9-year-old girl while she was riding her 
bicycle in the northern town of Kfar Tavor. Witnesses stated that he 
had tried to run over two other residents earlier in the same day. On 
October 12, authorities indicted Shibli for manslaughter. The trial 
continued at year's end.
    In 2006 approximately 100 Haredi Jews assaulted approximately 50 
Christian tourists in a Jerusalem neighborhood, injuring three. Two of 
the attackers were subsequently convicted of assaulting a policeman and 
participating in a riot. Sentencing was scheduled for November 10.
    The national public bus service operated sex-segregated 
transportation for Haredi Jews. Haredi passengers also tried to impose 
sex segregation on some mixed buses. According to press reports, women 
who refused to sit in the rear of such buses were regularly harassed 
and sometimes assaulted. Following a legal petition against the 
legality of sex-segregated public buses, the High Court recommended on 
January 21 that the Government establish a committee to examine legal 
and operational issues related to the operation of sex-segregated 
buses. The committee, headed by the transportation ministry, continued 
to deliberate at year's end.
    During the year Haredi Jews threw rocks at motorists to protest 
driving on the Sabbath, and soccer fans from certain teams chanted 
``death to Arabs'' and anti-Muslim slogans during games between Israeli 
Jewish and Arab teams.
    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 these rights, and 
the Government generally respected them in practice for citizens (See 
Annex).
    Citizens generally were free to travel abroad and to emigrate, 
provided they had no outstanding military obligations and no 
administrative restrictions. The Government may bar citizens from 
leaving the country based on security considerations. Citizens, 
including dual nationals, must enter and leave the country using their 
Israeli passports only. In addition no citizen is permitted to travel 
to any state officially at war with the country without government 
permission.
    During the year there were numerous reports of foreign nationals 
with Arab or Muslim names subjected to harsh and degrading treatment at 
border crossings. Diplomatic missions regularly protested such 
treatment regarding their nationals.
    Arab Israelis required a special permit to enter area A (the area, 
according to the Interim Agreement, in which the Palestinian Authority 
exercises security responsibility). They could travel abroad using 
their Israeli passports without restriction. Arab Israelis regularly 
complained of discrimination and degrading treatment by airport 
security officials. In May 2007 ACRI and Adalah petitioned the High 
Court to demand that the Israel Airports Authority, Shin Bet, and the 
Ministry of Transportation no longer use Arab ethnicity as a sufficient 
reason for conducting intensive security checks at Israeli airports. 
The case was pending at year's end.
    An August 4 Physicians for Human Rights Israel report accused the 
ISA of preventing Palestinians from leaving Gaza to seek medical 
treatment in Israel or abroad unless they agreed to become informers 
for Israeli intelligence. According to testimony collected in the 
report, the ISA used blackmail and coercion to elicit cooperation from 
gravely ill patients, some of whom required urgent treatment for life-
threatening illnesses. The ISA denied the allegation.
    The law prohibits forced exile of citizens, and the Government 
generally respected this prohibition in practice.

    Protection of Refugees.--Israel is party to the 1951 UN Refugee 
Convention and its 1967 protocol. Israel has not enacted any 
legislation implementing the 1951 Convention or 1967 Protocol but in 
practice has established a system for the reception and consideration 
of asylum claims.
    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 in Israel.
    UNHCR registered 7,483 new asylum seekers during the year, of whom 
40 percent were Eritrean and 29 percent were Sudanese, and estimated 
that almost every new arrival transited Egypt en route to Israel. The 
Government estimated that there were approximately 15,000 asylum 
seekers in Israel at year's end; approximately 4,000 were Sudanese, and 
5,000 to 7,000 were Eritrean.
    Although the Government complied with its obligation not to return 
persons to a country where their lives or freedom would be threatened, 
Israeli and international NGOs and UNHCR protested ``coordinated 
returns'' of some asylum seekers to Egypt because of allegations that 
those individuals were later sent back to their countries of origin in 
violation of international agreements against refoulement. Between 
August 24 and 28, the IDF Liaison Unit turned 91 asylum seekers who 
crossed into Israel from Egypt over to Egyptian authorities. According 
to NGO and media reports, the number was higher, and they were at risk 
because Egypt often deported such persons to their countries of origin. 
Hotline submitted portions of what it claimed were letters of protest 
to the minister of defense from two reserve soldiers who participated 
in the deportation. One section stated that while performing reserve 
duty during August, the soldier participated in or witnessed four or 
five occasions in which asylum seekers were returned to Egyptian 
authorities after they entered Israel. The letter claimed the asylum 
seekers were blindfolded and handcuffed.
    The Government considered the Eritreans and Sudanese to be 
receiving temporary protection, as their status was considered 
differently than other asylum seekers and ``infiltrators.'' On that 
basis, the Government provided temporary protection to approximately 
9,000 to 11,000 individuals during the year.
    The Government does not have its own status determination system 
and relies on UNHCR, which referred eligible refugee applicants to an 
advisory committee, the National Status Granting Body (NSGB). The MOI 
renders final adjudications based on NSGB recommendations. The Tel Aviv 
University Refugee Rights Clinic argued that the NSGB's procedures were 
not transparent.
    Refugees recommended by UNHCR and recognized by Israel received 
six-month visas renewable until final status determination. A refugee's 
status is evaluated after one year. No legal option exists for a 
refugee to become a naturalized citizen.
    Those denied asylum and unwilling to leave may remain in 
immigration detention indefinitely. Some newly arrived illegal migrants 
were placed in hotels, kibbutzim (Israeli cooperative communities), and 
other employment situations. UNHCR reported that the MOI released an 
unknown number of asylum seekers from detention during the year without 
reference to the Immigration Tribunal and UNHCR. Hotline reported that 
most asylum seekers who entered during the year were taken to the 
Ketziot facility and released after several months, under 
geographically restricted conditions.
    A July MOI decision stated that Eritrean asylum seekers would be 
restricted to locations removed from the center of the country to 
improve employment opportunities. NGOs argued that this placement 
hindered access to social services in the Tel Aviv area. On January 7, 
the MOI started giving six-month work visas to approximately 2,000 
Eritreans who arrived in Israel prior to December 2007. Hotline stated 
that the approximately 3,000 Eritreans who arrived after this date 
spent months with no legal possibility of work and were forced to live 
in substandard conditions in crowded shelters in Tel Aviv. For asylum 
seekers from states officially at war with Israel, the Government 
attempted to find a third country to accept them.
    According to the state comptroller's annual report submitted to the 
Knesset in May, between 2000 and 2007, 8,377 Africans requested refugee 
status and political asylum; 109 were granted refugee status and 
asylum.
    In July the Government created the Authority for Immigration and 
Border Crossings to implement government policy and hold MOI authority 
over foreign nationals and population issues. The authority was 
designed to consolidate all relevant bodies dealing with immigration 
issues, including asylum seekers. Most asylum officers have not yet 
received sufficient training to make refugee status determinations, and 
at year's end the Government had not yet assumed status determination 
responsibility from UNHCR.
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.--Israel is a parliamentary 
democracy with an active multiparty system. Relatively small parties, 
including those primarily supported by Arab Israelis, regularly win 
Knesset seats. The Basic Law requires that a party obtain 2 percent of 
the vote to win Knesset seats. Prime Minister Ehud Olmert resigned 
following a Kadima Party primary election on September 17 but remained 
as caretaker prime minister at year's end.
    The Basic Law prohibits the candidacy of any party or individual 
that denies either the existence of the State of Israel as the state of 
the Jewish people or the democratic character of the state, or that 
incites racism. Otherwise, political parties operated without 
restriction or outside interference.
    At year's end the 120-member Knesset had 18 female members, 
including the speaker. The Knesset included 10 Arabs and two Druze. The 
29-member cabinet included two women, one Druze, and one Arab-Israeli 
Muslim. Five members of the 14-member High Court, including its 
President, were women. An Arab Christian was on the High Court, but no 
Muslim or Druze citizens have served.

    Government Corruption and Transparency.--The law penalizes official 
corruption, and the Government generally sought to implement the law. 
Investigations of numerous allegations of misconduct by senior 
political figures and in government ministries occurred during the 
year. The national police, the state comptroller, the attorney general, 
and the finance ministry accountant general officially were responsible 
for combating official corruption. Senior officials were subject to 
comprehensive financial disclosure laws.
    Prominent political figures were prosecuted. For example, on April 
1, Member of Knesset (MK) Shlomo Benizri was convicted of bribery, 
fraud, and breach of trust for crimes committed between 1996 and 2001 
when he was minister of health and minister of social affairs. Benizri 
was sentenced to 18 months' imprisonment and an 80,000 NIS ($23,000) 
fine.
    On June 4, prosecutors indicted former finance minister Avraham 
Hirchson, who resigned from the cabinet in July 2007, on charges of 
bribery and aggravated fraud, money laundering, breach of trust, and 
falsifying corporate documents. The case continued at year's end.
    During the year the state comptroller and attorney general 
investigated Prime Minister Olmert for a range of alleged crimes, 
including fraud, bribery, breach of trust, money laundering, and tax 
offenses. Six separate criminal investigations were under way 
throughout the year, one of which was closed for lack of evidence on 
December 4. No charges had been filed by year's end. The public 
reaction to the allegations forced Prime Minister Olmert to announce 
his resignation on September 20.
    Criminal investigations or trials of other officials, including 
Finance Minister Ronnie Bal-On, MK Tzachi Hanegbi, MK Ruhama Avraham, 
MK Yaakov Edri, MK Yitzhak Ziv, and numerous senior law enforcement and 
civil service officials continued throughout the year.
    On February 27, former MK Omri Sharon began serving a seven-month 
prison sentence following a 2005 conviction on corruption and fraud 
charges for crimes committed during the 1999 Likud party primary 
campaign of his father, former prime minister Ariel Sharon. Omri Sharon 
was released after five months for good behavior.
    The Government does not effectively implement its 1998 Freedom of 
Information Law. Many government bodies did not disclose their internal 
regulations as required, and others failed to publish annual reports. 
The 2008 State Comptroller's report found that approximately half of 
government authorities investigated did not make available to the 
public their administrative directives or procedures for requesting 
information or services. In April 2007 the High Court started 
deliberations on a 2005 ACRI petition demanding that the IDF and 
Ministry of Defense make their unclassified archives available to an 
Israeli journalist for research purposes. At year's end the case 
continued.
    In December 2007, in response to a petition filed by five human 
rights NGOs, the Jerusalem Administrative Court ruled that the MOI 
violated the law by withholding from the public its regulations 
concerning the Population Registry, which governs determinations 
regarding citizenship, residency, and entitlements. The court ordered 
the ministry to publish its regulations on the ministry's Web site 
within 30 days, which it did by January 7.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Numerous domestic and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials were cooperative 
to varying degrees, and some NGOs, including those critical of the 
Government, were routinely invited to participate in Knesset hearings 
on proposed legislation. A Foreign Ministry liaison unit maintained 
relations with certain international and domestic NGOs. The Government 
responded publicly to criticisms that it believed to be unfounded.
    Under the 1980 Law of Associations governing nonprofit 
organizations, NGOs must register and pay annual fees.
    Some registered NGOs were eligible to receive funding from 
government ministries. According to government figures, such funding 
amounted to approximately 2.5 billion NIS ($715 million) per year. 
Government funding for NGOs disproportionately favored Jewish NGOs, 
especially those that promote ``traditional and religious Jewish 
activities.''
    During the year the MOI, operating under a 2002 order, barred entry 
to all foreign nationals affiliated with certain Palestinian human 
rights NGOs and solidarity organizations (see Annex).
    Between January 20 and 27, Asma Jahangir, UN special rapporteur on 
freedom of religion and belief, visited the country. Special 
rapporteurs on three other subjects had outstanding requests to visit 
at year's end. Nine special rapporteurs or UN missions concerned with 
human rights visited the country in the last three years, according to 
the UN High Commissioner for Human Rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, gender, 
marital status, political beliefs, or age.

    Women.--Rape is illegal, and the law doubles the penalty if the 
perpetrator assaults or rapes a relative. Through September the 
Government reported 796 open rape files, 342 prosecutions, and six 
convictions.
    On April 8, former President Moshe Katsav withdrew from a plea 
bargain he had agreed to in 2007. Women's rights activists and 
government transparency NGOs had opposed the plea bargain, which 
carried convictions for indecent acts and sexual harassment but dropped 
two rape charges against him and imposed a suspended prison sentence. 
At year's end no charges had been refiled.
    The Equality of Women Law provides equal rights for women and 
protection from violence, harassment, exploitation, and trafficking; 
however, domestic violence against women was a problem. Through 
September the Government received 13,612 spousal abuse complaints filed 
by women.
    The Social Affairs Ministry provided a battered women's shelter and 
operated a hot line. The police operated a call center to inform 
victims about their cases. Women's organizations provided counseling, 
crisis intervention, legal assistance, and shelters. Prostitution is 
not illegal and was widespread but not highly visible. The law 
prohibits operation of brothels and organized sex enterprises. Between 
January and November the police opened 244 cases for managing a place 
for the purpose of prostitution and arrested 46 suspects in these 
cases. In addition, 50 brothels were closed, and 78 suspects were 
arrested for trafficking or related offenses, of whom 11 remained in 
custody pending completion of their trials.
    The Prevention of Stalking Law and the Prevention of Family 
Violence Law require that suspected victims be informed of their right 
to assistance. During the year the Government opened 290 files, and the 
State Attorney's office opened 58 cases of sexual harassment, resulting 
in six indictments and one conviction. At year's end 81 police files on 
sexual harassment were pending.
    In December Mahmoud Abu-Ghanem was arrested for allegedly murdering 
his teenage sister Dalia of Ramle, who had been missing for more than 
two weeks. Police believed she was the ninth woman in the Abu-Ghanem 
family to fall victim to an honor killing. According to the November 7 
Kull al-Arab newspaper, human rights activist Ayidah Tuma-Sulayman, 
head of Association of Women Against Violence, charged that at least 
three other women were the victims of honor killings and that families 
may claim the acts were something other than honor killings because of 
the severe sentences such crimes receive.
    ``Modesty patrols'' harassed Haredi women in Haredi communities. 
According to one indictment, in June seven men entered a woman's 
apartment in Jerusalem, beat her as they interrogated her about her 
relations with men, and threatened further assaults and death if she 
did not move out of her apartment building. Also in June, a 14-year-old 
girl in Betar Illit, predominantly an ultra-Orthodox community, 
reportedly had acid thrown on her face and body in an incident the 
press attributed to a modesty patrol.
    Religious courts restricted the rights of Jewish and Muslim women. 
A Jewish woman is not allowed to initiate divorce proceedings without 
her husband's consent. Consequently, thousands of so-called agunot 
(chained women) may not remarry or have legitimate children because 
their husbands disappeared or refused to grant divorces. Rabbinical 
tribunals may sanction a husband who refuses divorce but may not grant 
a divorce without his consent. Women do not have redress to civil 
courts; only religious courts can rule on personal status issues.
    A Muslim woman may petition for and receive a divorce through the 
Shari'a courts without her husband's consent under certain conditions, 
and a marriage contract may provide for other cases where she may 
obtain a divorce without her husband's consent. A Muslim man may 
divorce his wife without her consent and without petitioning the court.
    On November 10, the High Court of Justice accepted an appeal 
submitted by the Wake Up Jerusalem movement, which ran candidates for 
the capital's city council, and ruled that companies in Israel cannot 
refuse to display election posters of female political candidates.
    The law provides for class action suits and requires equal pay for 
equal work. As of August women comprised 38.5 percent of officers of 
corporations listed with the Board of Government Corporations. Numerous 
government policies and programs worked to eliminate economic 
discrimination against women. For example, the Government enacted 
several amendments during the year to the Women's Employment Law that 
improved women's maternity benefits. In April legislation provided 
further incentives to employers to modify workplaces and work 
conditions for women and parents. The Ministry of Education established 
a department dedicated to the promotion of gender equality within the 
school system.
    The Mahut Feminist Center in Haifa reported that more than 65 
percent of employees in part-time jobs were women, more than 35 percent 
of working women earned minimum wage or less (compared to 14.2 percent 
of working men), and women made up 70 percent of employees working in 
contractor companies that provided lower wages, lack of employment 
stability, and no social benefits.

    Children.--The law provides for the overall protection of 
children's rights and welfare, and the Government generally was 
committed to ensuring enforcement of these laws. According to the 
National Council for the Child, social welfare offices treated a record 
number of 62,273 children in 2006 considered at risk from physical, 
sexual, or emotional abuse or neglect.
    Education is compulsory through the ninth grade. The Government 
operated separate school systems for Hebrew-speaking children, Arabic-
speaking children, and Orthodox Jews. Haredi political parties 
continued to oppose government regulation of their government-funded 
school systems.
    Academic institutions and advocacy groups have long charged that 
resources devoted to the education of Arab children were inferior to 
those devoted to Jewish children in the public education system. The 
State Comptroller's February 10 report on local governments noted that 
in the 28 Arab communities surveyed, there was a combined shortage of 
1,082 classrooms in local schools. In June a joint committee of the 
Education Ministry and the Higher Arab Monitoring Committee reported 
the Arab sector would need an additional 9,236 classrooms by 2012 to 
keep pace with national standards.

    Trafficking in Persons.--Trafficking in persons for the purposes of 
both prostitution and labor is prohibited under the law. Israel is a 
destination country for trafficking for the purposes of labor and 
prostitution. Neither the Government nor NGOs could quantify accurately 
the extent of the problem. The Government, NGOs, and the media 
expressed concern at an apparent rise in internal trafficking of 
citizens for the purposes of prostitution, although the Government's 
antitrafficking coordinator classified such cases as prostitution 
rather than trafficking.
    The Government reported that most victims of trafficking for 
prostitution in the country came from the former Soviet Union, 
primarily from Ukraine, Moldova, Russia, and Uzbekistan. 
Antitrafficking and women's advocacy NGO Isha L'Isha reported a new 
trend of trafficking women from China and the Philippines for 
prostitution. Organized crime groups trafficked women for prostitution, 
luring them with promises of service-sector jobs. Some reportedly sold 
women to brothels.
    The penal code stipulates that coercion to engage in prostitution 
is a criminal offense, punishable by four to 20 years' imprisonment, 
depending on the specific type of crime. Civil law verdicts have begun 
to favor the victims, and most verdicts involved compensation, although 
NGOs expressed a need for larger compensation awards.
    Hotline charged that there are forms of trafficking the law does 
not cover, including what it described as ``trafficking to obtain 
financial advantage'' or a ``flying visa,'' whereby a worker pays a 
commission to an agency in the home country to get a work permit for 
work in Israel but arrives in Israel to find that there is no job. In 
such a case, the worker does not have a valid permit under Israeli law 
and is subject to arrest and deportation.
    The Government reported that during the year the police conducted 
nine criminal investigations on trafficking in persons for the purpose 
of prostitution, which resulted in six indictments and five convictions 
for trafficking for the purpose of prostitution and related offenses. 
The Government reported 12 cases were pending at year's end, in 
addition to seven pending appeals.
    Victims of labor trafficking varied by sector. The most significant 
groups were Thai agricultural workers, Chinese construction workers, 
and domestic/nursing care workers from the Philippines, India, Nepal, 
and Sri Lanka.
    The labor law was amended in 2006 to criminalize trafficking for 
slavery, forced labor, prostitution, pornography, sexual abuse, and 
organ selling, and provides a maximum sentence of seven to 20 years 
depending on the offense. In November the State Attorney's Office and 
the Immigration Administration jointly filed the first indictment for 
forced labor under the new amendments to the trafficking law. The case 
remained pending at year's end. Four additional cases were in various 
stages of preparation and review by the State Attorney's Office at 
year's end (See Section 6.c.). Two additional cases (involving four 
defendants) concerning fraud perpetrated against migrant workers were 
also pending at year's end.
    The Tel Aviv shelter, the only government-operated shelter for 
victims of trafficking for commercial sexual exploitation, had the 
capacity for 50 women. The Government reported that at year's end, the 
shelter housed 25 women and five children, all of whom police referred 
to the shelter during the year. The shelter provided free medical care 
and other services. The Government reported that all trafficking 
victims in the shelter received temporary visas and work visas if 
requested, whether or not they chose to testify against their 
traffickers. A woman who chose to testify also received a visa for the 
duration of the court proceedings, generally lasting one year. Isha 
L'Isha reported that it was difficult to admit trafficked women into 
the shelter if they had children and noted the Ministry of Health had 
not yet found a solution outside the shelter for women who had no 
medical insurance.
    On November 16, the Government enacted an amendment to the Legal 
Aid Law to provide free legal aid to every victim of trafficking and 
slavery. On the same day, the Protection of Witnesses Law was also 
enacted.
    The Department of State's annual Trafficking in Persons Report can 
be found at www.state.gov/g/tip.

    Persons With Disabilities.--The law provides for protection and 
equality of the rights of persons with disabilities, although societal 
discrimination and accessibility issues persisted in areas such as 
employment and housing.
    The Commission for Equal Rights of People with Disabilities (CERPD) 
within the Justice Ministry took legal action in the areas of 
accessibility and employment. In a 2007 study, the CERPD found that 85 
percent of employers do not employ any persons with disabilities, and 
25 percent of employees stated they had no interest in employing such a 
person in the future.
    The law requires television stations to include subtitles and sign 
language and the courts to accommodate testimony from persons with 
intellectual disabilities or mental illness. Accessibility to public 
transportation was mandated by law but not always available.

    National/Racial/Ethnic Minorities.--Arab Israelis continued to 
suffer various forms of discrimination in public and private life. 
Tensions between Arabs and Jews also remained high in areas where the 
two communities overlap, such as the Galilee and Negev, and in certain 
mixed cities with separate Jewish and Arab neighborhoods.
    According to press reports, Jewish residents of Jerusalem 
perpetrated at least 20 violent assaults against Palestinian residents 
of Jerusalem during the year, most often using knives, clubs, and other 
weapons. Many of these attacks were reportedly premeditated.
    On March 14, a policeman from the town of Kfar Saba attacked two 
Arab Israelis while shouting, ``Death to Arabs.'' Another police 
officer who witnessed the attack intervened to prevent injury.
    On October 8, violence erupted between Israeli-Jews and Arabs in 
the city of Acre (Akko) at the beginning of the Jewish Holy Day of Yom 
Kippur after an Arab resident drove into a predominantly Jewish 
neighborhood. Driving on Yom Kippur was generally prohibited in Israel. 
Rioting ensued for several days, as Jewish and Arab extremists incited 
their communities against one another. While the inflammatory rhetoric 
was mutual, the majority of those inciting to violence were Jewish, 
according to the Northern District police commander. According to press 
reports, both communities suffered significant property damage, and 
several Arab families were displaced from their homes in or near Jewish 
neighborhoods. Police continued to pursue and arrest the chief 
instigators after the violence subsided. On October 20, police arrested 
six young Jewish men in Tel Aviv for allegedly firebombing two Arab 
homes in an attempt to spread the anti-Arab incitement to Jaffa and 
other mixed neighborhoods around Tel Aviv.
    On September 9, a number of Jewish local and district-level 
government leaders held a conference under the banner of the Renewing 
Zionism Movement in the Galilee town of Kfar Tavor, during which the 
leaders urged the need to ``Judaize'' the Galilee and warned of dire 
consequences if Jews lose their majority in the Galilee.
    In contrast the neighboring Gilboa Regional Council actively 
promoted Jewish-Arab coexistence, including by holding a Gilboa 
Coexistence Festival in August and cohosting, with the NGO Abraham Fund 
Initiatives, an interfaith breaking of the Ramadan fast on September 
11.
    During the year the Israel Land Fund NGO launched a program to 
purchase Arab land in the Galilee and market it at discounted rates to 
Jewish buyers by distributing flyers to synagogues throughout the 
region stating the time was ripe to redeem the ``Land of Israel.''
    Public debate continued over the idea of ``transferring'' Arab-
Israeli communities from Israel to the Palestinian territories (in 
return for transferring Jewish settlements in the West Bank to Israel) 
as part of a negotiated solution to the Israeli-Palestinian conflict. 
Arab Israelis overwhelmingly condemned the proposal, while Jewish 
opinion ran the gamut from support to condemnation. Members of Yisrael 
Beiteynu, a right-wing party headed by Knesset Member Avigdor 
Leiberman, advocated the idea in media interviews at public gatherings 
throughout the year. In a March poll commissioned by the Knesset 
television station, 75 percent of the Jewish public supported the 
transfer of at least some Arab Israelis as part of a peace deal with 
the Palestinians, including 28 percent who believed all Arab Israelis 
should be forcibly transferred.
    Although Arabic is an official language, the National Insurance 
Institute requires that documents submitted for claims be translated 
into Hebrew.
    Approximately 93 percent of land was in the public domain, and of 
this approximately 12.5 percent was owned by the Jewish National Fund 
(JNF), whose statutes prohibit sale or lease of land to non-Jews. In 
2005 the attorney general ruled the Government cannot discriminate 
against Arab Israelis in marketing and allocation of lands it manages, 
including those of the JNF. As an interim measure, the Government 
agreed through the Israel Lands Administration (ILA) to compensate the 
JNF for any land leased to an Arab by transferring an equal amount of 
land from the ILA to the JNF. Legal petitions against the JNF policy of 
leasing public land only to Jews were ongoing at year's end.
    Arab-Israeli advocacy organizations have challenged the demolition 
of illegal buildings in the Arab sector on grounds that the Government 
restricted building permits, limiting Arab natural growth. New 
construction is illegal in towns that do not have master plans and in 
the country's 46 unrecognized Bedouin villages. In 2004 the Supreme 
Court ruled that omitting Arab towns from specific government social 
and economic plans was discriminatory. At year's end, according to the 
Government, master plans were completed for 29 of the country's 128 
Arab communities. According to the Harvard International Human Rights 
Clinic, between January and August, authorities demolished 97 Bedouin 
homes. On December 15, authorities demolished the entire Bedouin 
village of al-Atrash, consisting of at least 12 homes.
    At year's end the Government had not complied with a 2006 Supreme 
Court ruling that government development policy making impoverished 
areas eligible for special funding was discriminatory because it 
included only four Arab communities among the 539 communities slated 
for enhanced assistance.
    Arab Israelis were underrepresented in most fields of employment, 
including government, despite a five-year-old affirmative action 
program to promote hiring Arab Israelis (including Druze and Bedouin) 
in the civil service. According to the Government, 6.2 percent of 
government employees in 2007 were Arab.
    A 2000 law requires that minorities have ``appropriate 
representation'' in the civil service and on the boards of government 
corporations. As of December 2007, Arabs (including Druze and 
Circassians) filled 51 of 528 board seats of state-run companies. Of 
the 55,000 persons working in government companies, 1 percent were 
Arab.
    The law exempts Arab Israelis from mandatory military service. 
Citizens who do not perform military service enjoy less access to 
social and economic benefits. Arab Israelis generally were ineligible 
to work in companies with defense contracts or in security-related 
fields. In June the Government started a civilian service program for 
citizens not drafted for military service, giving Arab Israelis and 
Haredi Jews the opportunity to serve and be eligible for the same 
benefits accorded military veterans. According to press reports, the 
National Service Administration registered almost 600 Arab-Israeli 
volunteers during the 2007-08 academic year.
    The Israeli Druze community comprised approximately 8.3 percent of 
the minority population, and the Circassian community numbered some 
3,000. Males of both communities were subject to the military draft, 
and the majority accepted willingly. Some Bedouin and, to a lesser 
degree, other Arab citizens not subject to the draft also served 
voluntarily. Non-Jewish military veterans complained that they 
continued to receive fewer benefits from their service than Jewish 
veterans.
    The Bedouin population was the most disadvantaged. Half of the 
160,000 Bedouin lived in seven state-planned or eight recognized 
communities, which were impoverished but received basic state services. 
The seven state-planned townships were among the eight poorest 
communities in the country, according to a March 31 report by the NGO 
Human Rights Watch. The other half of Israel's Bedouin lived in at 
least 46 unrecognized villages, which did not have water and 
electricity and lacked educational, health, and welfare services. The 
unrecognized villages, made up mostly of tents and shacks, evolved as a 
result of the Government's refusal to recognize Bedouin land claims 
based on traditional usage prior to the establishment of the state.
    Government planners noted there were insufficient funds to relocate 
Bedouin living in unrecognized villages to new townships, and the 
average Bedouin family could not afford to purchase a home in existing 
townships. Many Bedouin also complained that moving to government-
planned townships required giving up claims to land they had lived on 
for generations. On December 11, the government-appointed Goldberg 
Committee for Regulation of Bedouin Settlements in the Negev urged the 
Government to recognize officially and extend services to unrecognized 
villages where existing structures were not obstructing regional master 
plans, and to provide assistance for the relocation of others.
    On April 1, the Government acted on a 1993 pledge by the late Prime 
Minister Rabin to authorize the construction of a permanent community 
for members of two Bedouin tribes in the Negev who had appealed to 
Rabin for assistance to overcome their unrecognized status.
    In 2006 Adalah petitioned the Supreme Court to overturn a Water 
Tribunal decision not to connect unrecognized villages to water 
service. The Supreme Court's ruling was pending at year's end.
    The approximately 20,000 non-Israeli residents of the Golan Heights 
are subject to Israeli authority and Israeli law. Israel accords them 
permanent resident status, but most of them are Druze and citizens of 
Syria who largely have refused or been denied Israeli citizenship. As 
legal residents, they received Israeli travel documents and held 
identity cards that entitled them to many of the same social benefits 
as Israeli citizens. However, Druze communities in the Golan Heights 
received little or no support for municipal services or infrastructure 
maintenance (see Annex for discussion of Palestinian residents of East 
Jerusalem).
    The Government prohibits Druze citizens, like all citizens, from 
visiting Syria; the Government allowed noncitizen Druze from the Golan 
Heights to visit holy sites in Syria through the ICRC-managed 
pilgrimage program.

    Other Societal Abuses and Discrimination.--Societal violence and 
discrimination based on sexual orientation or against persons with HIV/
AIDS existed in isolated cases. The Government continued to uphold laws 
criminalizing discrimination on the basis of sexual orientation or HIV/
AIDS.
    In 2006 the High Court issued a ruling requiring the Government to 
recognize same-sex marriages legally performed in foreign 
jurisdictions. There was no information available about whether the 
Government recognized such marriages in practice.
Section 6. Worker Rights
    a. The Right of Association.--Citizens generally may join and 
establish independent labor organizations. Most unions belong to 
Histadrut (the General Federation of Labor) or to a smaller rival 
federation, the Histadrut Haovdim Haleumit (National Federation of 
Labor). Both are independent. There were no restrictions on collective 
bargaining agreements, and no prior government approval was required. 
According to a 2001 amendment to the Collective Agreements Law, workers 
are protected from discrimination resulting from their membership in or 
activity with a labor organization. The Government reported that 
litigation stemming from discrimination of this kind was negligible.
    Legal foreign workers, who constituted approximately 45 percent of 
the foreign work force, and nonresident Palestinians may join Israeli 
trade unions and organize their own unions in Israel. Benefits and 
protections in Histadrut work contracts and grievance procedures extend 
to legal nonresident workers in the organized sector, but these workers 
cannot vote in Histadrut elections. In April the Government agreed to 
approve an additional 5,000 employment permits for Palestinians within 
Israel.
    Unions have the right to strike, and workers exercised this right. 
If essential public services are affected by a strike, the Government 
may appeal to labor courts for back-to-work orders during continued 
negotiations. Worker dismissals and the terms of severance arrangements 
traditionally have been the central issues of disputes.

    b. The Right to Organize and Bargain Collectively.--Citizens' legal 
rights to organize and bargain collectively are protected by law and 
these laws are enforced. The law specifically prohibits antiunion 
discrimination, and none was reported.
    Foreign workers must pay an agency fee and can pay union dues, 
entitling them to employment protection and some entitlements won by 
collective bargaining agreements. Collective bargaining agreements 
extend to nonunion workplaces in the same sector.
    There are no export processing zones in the country.

    c. Prohibition of Forced or Compulsory Labor.--Israeli laws 
prohibit forced or compulsory labor, including by children, and 
criminalize gradations of labor exploitation.
    The law provides foreign laborers legal status, decent working 
conditions, health insurance, and a written employment contract; 
however, some employers forced individual laborers who entered the 
country, both legally and illegally, to live under conditions that 
constituted involuntary servitude.
    The Crime Unit in the Immigration Administration, working with the 
State Attorney's Office, opened 16 investigations concerning forced 
labor during the year. Following investigations by the Immigration 
Administration of cases involving migrant workers, the Government filed 
15 indictments on fraud offenses and 10 indictments on exploitation and 
withholding of passports offenses. Civil rights groups and NGOs, 
however, claimed unscrupulous employers exploited adult non-Palestinian 
foreign workers, both legal and illegal, and held them in conditions 
that amounted to involuntary servitude.
    On October 10, the newspaper Maariv quoted a representative from 
Hotline as stating that many ``pressure groups'' in Israel--the report 
named farmers, the handicapped, and contractors--enjoy cheap labor, and 
that the state was subsidizing them by not enforcing labor laws.
    There were numerous documented cases of foreign laborers living in 
harsh conditions, subject to debt bondage, and restricted in their 
movements. Hotline charged that the Immigration Police failed to act 
quickly or adequately when they alerted them to some of these cases, 
and that the police sometimes returned the person to the employer.

    d. Prohibition of Child Labor and Minimum Age for Employment.--Laws 
protect children from exploitation in the workplace and prohibit forced 
or compulsory labor; the Government generally enforced these laws.
    Children at least 15 years of age who have completed education 
through grade nine may be employed as apprentices. Those who are 14 may 
be employed during official school holidays in light work that will not 
harm their health. Working hours for those between 16 and 18 are 
restricted.
    The Government reported that through September it inspected more 
then 2,000 potential cases involving minors, opened 565 investigations, 
and imposed 293 fines on employers.

    e. Acceptable Conditions of Work.--The minimum wage was 
approximately 47.5 percent of the average wage, 3,850 NIS 
(approximately $1,100) per month for a 43-hour week. The Government 
considered the minimum wage, supplemented by special allowances for 
citizens, to provide a citizen worker a decent standard of living. Some 
union officials, NGOs, and social commentators disputed this claim. 
Histadrut charged that occupational health and safety standards were 
not adequate or adequately enforced by the Israel Institute for 
Occupational Health and Hygiene.
    The law allows a maximum 43-hour workweek at regular pay. Premium 
pay was 125 percent for the first two hours and 150 percent for any 
additional hours, with a limit of 15 hours of overtime per week. 
Histadrut reported that Israeli and foreign workers operated under the 
same rules.
    Labor laws also apply to noncitizens, although enforcement was not 
adequate, according to workers' rights NGO Kav LaOved. Documented 
foreign workers were entitled to many of the same benefits as citizens 
but not national health care. Employers were legally required to 
provide such insurance, and most employers did so. All labor laws also 
apply to undocumented foreign workers. Enforcement of labor law in the 
home health care sector, which employs numerous foreign workers, was 
particularly difficult.
    An employer must obtain a government permit to hire non-Israeli 
workers who live in the occupied territories. Most Palestinians from 
the occupied territories working legally in the country were employed 
on a daily basis and, unless employed on shift work, were not 
authorized to spend the night in the country. According to Histadrut, 
there were few such regular workers during the year.
    Palestinian employees recruited through the Ministry of Industry, 
Trade, and Labor received their wages and benefits through the 
ministry, which deducted a union fee and contributions for National 
Insurance Institute (NII) benefits workers did not receive, such as 
unemployment insurance, disability payments, and low-income 
supplements. A legal mechanism was established in 2005 for non-
Palestinian migrant workers employed in the construction sector to 
receive benefits, but in other sectors, such as agriculture and care 
giving, there was no comparable mechanism. Israeli employers paid 
Palestinian employees not employed through the ministry directly after 
deducting the union fee and NII contribution; such workers received the 
same benefits as workers paid through the ministry.
    A major issue contributing to a number of work stoppages was that 
many municipalities routinely failed to meet payrolls in recent years. 
Despite a variety of court orders and government interventions, the 
problem persisted.
    Since 2000 the Government prevented most Palestinians from 
traveling from the occupied territories to employment in Israel during 
times of closure. During periods of nonclosure, Palestinians required 
Israeli permits to enter the country for a single day or for periods of 
several months. Frequently authorities invalidated existing permits, 
requiring long-established travelers to secure new permits, so 
statistics on permit issuance did not reflect actual numbers of 
individuals allowed into the country.
    The Labor Inspection Service, along with union representatives, 
enforced labor, health, and safety standards in the workplace, although 
resource constraints affected overall enforcement.
    According to the Government, a foreign worker can remove him or 
herself from a dangerous work situation and seek alternate employment. 
However, according to Kav LaOved, a comprehensive system to do so, 
which included the home health care sector, was not implemented by 
year's end.
    All workers could challenge unsafe work practices through 
government oversight and legal agencies. Through September the 
Government imposed 1,873 administrative penalties for violations of the 
Foreign Workers Law and 64 penalties for violation of the minimum wage 
law. The Immigration Administration estimated that nursing-care workers 
from India, Nepal, Sri Lanka, and the Philippines--particularly women--
and construction workers from China were at greatest risk for abuse.
    Brokers and employers are permitted to collect hiring fees from 
migrant workers. The Government limited such fees to 3,135 NIS 
(approximately $895) per worker, but NGOs charged that many foreign 
workers continued to pay as much as 80,000 NIS ($23,000). The 
Government reported that through September it held 79 hearings on 
cancelling or restricting permits to employ foreign workers, resulting 
in 23 restricted and nine cancelled permits in the nursing sector, two 
restricted and 44 cancelled permits in the agriculture sector, and one 
permit cancelled in the construction sector.
    During the year the Enforcement Division of the Foreign Workers 
Department in the Ministry of Industry, Trade, and Labor (MITL) opened 
2,685 investigative files opened against employers suspected of 
violations and imposed 2,367 administrative fines on employers. The 
Prosecution Division of the MITL Foreign Workers Department filed 4,400 
criminal indictments against employers for violations of foreign 
workers law and the minimum wage law, which the Government described as 
a significant increase. On August 31, the licenses and permits of all 
the private bureaus in the nursing care field were canceled. New 
licenses and permits were granted on September 1 exclusively to private 
bureaus ``geared towards bringing, mediating, and caring for foreign 
workers in the nursing care.'' Caregiver licenses were particularly 
sensitive because of the widespread employment of foreign workers.
    On November 10, the Government reported that it issued 93,950 
permits for non-Palestinian foreign workers during the year and that 
there were approximately 100,000 legal foreign workers and 80,000 to 
150,000 illegal foreign workers. On October 10, a Maariv article 
claimed there were 200,000 foreign workers, 55 percent of whom were 
illegally present in the country. Workers may contest deportation 
orders, but lack of fluency in Hebrew placed them at a considerable 
disadvantage. According to Kav LaOved, the lack of interpreters in 
various governmental agencies continues to be a grave problem.'' Kav 
LaOved also charged that, ``despite numerous promises from the 
authorities'' on this issue, leaflets on worker rights were not 
provided to workers upon arrival or voluntarily provided by the 
authorities at any other point during a migrant worker's stay in 
Israel, and such leaflets were only available online at the MITL Web 
site, which was not available to most migrant workers without Internet 
access.


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

    Israel occupied the West Bank, Gaza Strip, Golan Heights, and East 
Jerusalem during the 1967 War. During the year the Palestinian 
population of Gaza was approximately 1.5 million, of the West Bank 2.35 
million, and of East Jerusalem 210,000. Approximately 191,000 Israelis 
resided in East Jerusalem and 290,000 in the West Bank. During the 
1990s various agreements transferred civil responsibility to the 
Palestinian Authority (PA) for Gaza and parts of the West Bank. 
However, after Palestinian extremist groups resumed violence in 2000, 
Israeli forces resumed control over a number of these areas, citing the 
PA's failure to abide by its security responsibilities. PA civilian 
authorities' control over its security forces in the West Bank improved 
during the year.
    The PA has a democratically elected President and legislative 
council, which select a prime minister and cabinet. In 2005 Palestine 
Liberation Organization (PLO) Chairman Mahmud Abbas won 62 percent of 
the vote in a Presidential election regarded as generally free and 
fair. In 2006 Palestinian Legislative Council (PLC) elections, Hamas, a 
terrorist organization, backed candidates under the name ``Reform and 
Change Movement'' and won 74 of 132 seats in elections that generally 
met democratic standards. In February 2007 Hamas formed a national 
unity government (NUG) with the Fatah party, but in June 2007 Hamas 
staged a violent takeover of PA government installations in Gaza and 
killed hundreds in the Fatah movement and PA security forces. Since 
June 2007, when President Abbas dismissed the NUG, a cabinet of 
independents led by Prime Minister Salam Fayyad has governed the West 
Bank, while elements of the former Hamas government formed the de facto 
ruling authority in Gaza.
    On June 19, Hamas and Israel began a six-month ``calm,'' which 
generally led to a reduction in the number of rocket and mortar attacks 
from Gaza into Israel, although rocket and mortar attacks continued. On 
November 4, citing an imminent threat from crossborder tunneling by 
Hamal-affiliated terrorists, Israel launched a raid into the Gaza 
Strip. In response to a sharp increase in the number and frequency of 
rocket attacks into Israel shortly prior to and following the formal 
expiration of the ``calm'' on December 19, the Israeli Air Force (IAF) 
launched airstrikes on December 27 targeted against Hamas security 
installations, personnel, and other facilities in the Gaza Strip. The 
Israeli military operation continued at the end of the calendar year 
and resulted in the deaths of at least 315 Palestinians, including some 
civilians, by December 31.
    President Abbas and his subordinates controlled PA security forces 
in the West Bank. Armed militias and terrorist organizations were still 
active in some areas. In Gaza Hamas established de facto security 
forces. The Israeli government maintained effective control of its 
security forces.
    There were reports of PA torture, arbitrary and prolonged 
detention, poor prison conditions, insufficient measures to prevent 
attacks by terrorist groups, impunity, corruption, and lack of 
transparency. Domestic abuse of women, societal discrimination against 
women and persons with disabilities, and child labor remained serious 
problems. In Gaza there were reports that Hamas security forces 
continued to kill, torture, kidnap, arrest, and harass Fatah members 
and other Palestinians with impunity. Hamas and other Palestinian 
factions in Gaza shelled civilian targets in Israel.
    Both Israeli and Palestinian nongovernmental organizations (NGOs) 
reported that Israeli authorities used excessive force, abused 
civilians and detainees, tortured Palestinian detainees, failed to take 
proper disciplinary actions, improperly applied security internment 
procedures, maintained austere and overcrowded detention facilities, 
imposed severe restrictions on internal and external freedom of 
movement, and limited cooperation with NGOs. A partially completed 
Israeli-built separation barrier isolated portions of the West Bank and 
restricted Palestinian movement and access to West Bank land west of 
the barrier.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Killings by 
Palestinian security forces occurred, but with less frequency than 
previous years. Killings by Palestinian terrorist groups and Israeli 
security forces remained a serious problem. Killings of Palestinians by 
Palestinians also dropped sharply, from 346 in 2007 to 18 through 
November. Palestinians killed 10 IDF soldiers and 19 Israeli civilians 
in the territories. Palestinians killed 24 civilians in terrorist 
attacks in Israel, including eight killed by a gunman at a religious 
school in West Jerusalem and one killed by a suicide bombing in Dimona. 
Israeli military operations killed an estimated 782 Palestinians in the 
West Bank and Gaza, including at least 315, including some civilians, 
as a result of airstrikes on Hamas security installations, personnel, 
and other facilities in the Gaza Strip in late December.
    On February 22, Majid al-Barghouti, an imam believed to be 
affiliated with Hamas, died in the custody of the Palestinian Authority 
General Intelligence Service (GI) after being detained in the West Bank 
on February 14. Human Rights Watch (HRW) concluded based on photographs 
of the body and interviews with fellow prisoners that al-Barghouti's 
death was a result of torture. PA officials stated that al-Barghouti 
suffered heart failure, and President Abbas directed the attorney 
general to investigate. By year's end no information was released.
    On June 26, Hamas police arrested 72-year-old Taleb Mohammed Abu 
Sitta and took him to Dir al-Balah police station, where he 
subsequently died in custody. On June 27, Abu Sitta's body was taken to 
Gaza City for forensic examination. His son, who was also incarcerated, 
told a human rights organization that Hamas repeatedly beat his father 
during his brief incarceration.
    On July 12, Bassam Anani, a Fatah leader from Nusseirat refugee 
camp, died after two weeks in a hospital from injuries sustained while 
detained by Hamas.
    On August 2, clashes between Hamas security forces and members of 
the Hilles clan in east Gaza City resulted in the death of 15 persons 
and injury to at least 103 others. The incidents occurred as a result 
of attempts by Hamas security forces to arrest members of the Hilles 
clan suspected in a July 25 bomb explosion on a Gaza City beach that 
killed five members of the armed wing of Hamas and one child.
    Palestinian terrorist groups killed Israeli civilians in Israel 
with rockets, mortars, and one suicide bombing (see the Israel report). 
They frequently fired at Israel from civilian areas, increasing the 
risk that return fire would harm noncombatants. PA President Abbas made 
repeated public statements calling for an end to violence against 
Israel and internal violence between Fatah and Hamas, but these 
statements did not prevent numerous attacks.
    The IDF conducted numerous incursions into Palestinian areas to 
carry out arrest operations and kill suspected terrorists. Palestinian 
gunmen fired on Israeli forces and booby trapped homes and apartment 
buildings. In response, the IDF raided and often destroyed buildings 
allegedly harboring militants. These actions often resulted in civilian 
casualties. Multiple incursions in Jenin and Nablus hampered the PA's 
efforts to deploy its own security forces.
    Israeli NGO B'Tselem estimated that 39 percent of the 444 killed 
during Israeli military and police operations through November were 
civilians not taking part in the hostilities at the time of their 
death. According to the Palestine Red Crescent Society (PRCS), 1,807 
Palestinians were injured during the year by live ammunition, rubber-
coated bullets, tear gas, and blast shrapnel.
    On April 16, an IDF tank fired an antipersonnel shell dispensing 
metal darts into the central Gaza strip, killing Reuters cameraman 
Fadel Shana'a and three others, including a 14-year-old and 17-year-
old. HRW claimed there was evidence the tank crew knowingly targeted 
the journalist. According to Palestinian NGOs, Shana'a was covering the 
aftermath of a missile attack near Juhor al-Dik earlier that day, in 
which two missiles fired from an Israeli aircraft killed three adults 
and six minors and wounded six adults and 12 minors. In August the IDF 
announced its investigation cleared the tank crew, but several human 
rights organizations criticized the IDF's investigations as lacking 
seriousness.
    On July 29, in one of several incidents connected to protests 
against construction of the separation barrier near Na'alin village, 
11-year-old Ahmed Moussa was shot with live fire by an IDF soldier 
responding to demonstrations near the village. On August 4, Yousif 
Ahmed Amira died after being shot by IDF soldiers in the head with two 
rubber-coated bullets on July 30. On August 17, an internal affairs 
unit at the Ministry of Justice informed B'tselem it had opened an 
investigation into Amira's death. No additional information was 
available at year's end.
    In 2006 the High Court ruled that targeted killings were not per se 
illegal, but each case must be meticulously examined through an 
independent investigation. According to B'Tselem, during the year 
Israeli forces targeted and killed 14 Palestinians, many affiliated 
with terrorist organizations.
    According to a September study by the Israeli NGO Yesh Din, the 
Israeli Military Police Criminal Investigation Division launched 1,246 
criminal investigations between September 2000 and December 2007 into 
cases in which soldiers were suspected of killing, injuring, and 
committing criminal offenses against Palestinian civilians. Of the 
1,246 investigations opened, 6 percent (78) led to indictments against 
a total of 135 soldiers. As of September, 113 had been convicted of at 
least one offense, four had been acquitted of all charges, eight had 
their cases dismissed, and 10 cases were still pending.
    During the year reports continued of Palestinians being killed in 
the perimeter zone, as reported in previous years. Israel declared this 
area off limits to Palestinians in response to attacks against Israelis 
originating in those areas.
    IDF prosecutors informed B'tselem that the June 2007 case of the 
killings of 14-year-old Ahmed Sabri Suliman Ali Abu Zubeida and 13-
year-old Zaher Jaber Muhammad al-Majdalawi was pending. According to 
press reports, IDF troops saw the boys crawling towards the fence, 
shouted a warning over a loudspeaker, fired warning shots, and then 
shot live fire. According to B'Tselem, they had been flying a kite.
    In January 2007 10-year-old Abir Aramin died from a wound to the 
back of the head as she was leaving school during clashes between 
Israeli Border Police and Palestinians. The Jerusalem District 
Prosecutor closed the investigation for lack of evidence. In September 
2007 the Israeli NGO Yesh Din appealed, alleging that according to 14 
witnesses and independent Israeli pathologist Dr. Chen Kugel, she was 
shot with a rubber-coated bullet while running away. On February 12, 
the State Prosecutor's Office denied Yesh Din's petition to reconsider 
the decision to close the investigation.
    There were no developments in the following 2007 killings of 
Israelis in the West Bank: Erez Levanon, Ahikham Amihai, David Rubin, 
or Ido Zoldan.
    There were no developments in the 2007 killings outside Beit Hanoun 
by a shell fired from an IDF tank of 8-year-old Mahmoud Mousa Hassan 
Abu Ghazala, 11-year-old Yahya Ramadan Atiyyah Abu Ghazala, and 8-year-
old Sarah Suliman Abdallah Abu Ghazala.
    There were no investigations into the 2007 IDF killings of Jihad 
Khalil Hussein al-Shaer or Muhammad Ali Mesbah Jabarin, and no charges 
were brought in the 2007 IDF killing of Anan Muhammad Assad al-Tibi.
    There were no developments in the investigation started in March 
2007 into the 2006 IDF killing of Palestinian Nafia Abu Musaid.
    On February 26, the IDF advocate general announced that no military 
police investigation would be launched into the 2006 IDF artillery 
shelling in the Gazan town of Beit Hanoun, which killed 19 Palestinians 
and injured others. The advocate general attributed the incident to a 
malfunction in the artillery control system.
    There were no developments in the 2006 killings of Abu Yusif, 
military leader of the terrorist Popular Resistance Committees (PRC); 
Brigadier General Jad al-Tayeh of the GI and his four bodyguards; and 
three children of a senior PA intelligence officer and their driver.
    On April 28, the Jerusalem District Court sentenced border 
policeman Yanai Lazla to six and a half years in prison. Lazla was one 
of four officers prosecuted for the 2002 Hebron killing of 17-year-old 
Imran Abu Hamdiyah, who was beaten and ejected from a moving police 
vehicle. On July 1, Lazla failed to appear to begin serving his 
sentence. In 2005 the first of the four officers was sentenced to four 
and a half years' imprisonment. At year's end the trial of the 
remaining two officers continued.

    b. Disappearance.--There were fewer reports of politically 
motivated kidnappings and disappearances in connection with internal 
Palestinian conflict than in previous years.
    On April 13, individuals in two vehicles abducted Sami 'Atiya 
Khattab of Dir al-Balah in the Gaza Strip. On April 15, Hamal-
controlled police informed the family that Khattab's body was found 
southwest of Gaza City. According to a human rights organization, the 
body showed cuts, bruises, and other signs of violence.
    There were no developments in the 2007 abduction and killing of 
Maher Halim Daoud Juri.
    In 2006 PRC and Hamas militants tunneled from Gaza to Israel, 
killed two soldiers, and abducted a third, Gilad Shalit. At year's end 
Shalit had not been released.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The PA Basic Law prohibits torture or use of force against 
detainees; however, international human rights groups reported that 
torture was a significant problem. Torture by PA security forces and 
the Hamas Executive Force reportedly was widespread and not restricted 
to security detainees. The PA's actions to properly investigate, 
punish, and discourage torture and other abuses by its forces were 
minimal, lacked transparency, and were not generally effective. Hamas 
took no action to investigate reports of torture. Documentation of 
abuses was limited, due partly to fear of retribution by alleged 
victims. Palestinian NGOs alleged in previous years that the PA 
pressured individuals not to communicate allegations of abuse to NGOs. 
PA security officers have no formal guidelines regarding 
interrogations; convictions were based largely on confessions. Until 
issuance of a Presidential decree in November 2007, the Preventive 
Security Organization (PSO) lacked the legal authority to detain 
suspects or manage detention facilities.
    On July 29, HRW released a report documenting abuses by Hamas 
security forces against Fatal-affiliated officials in Gaza and by Fatah 
against Hamas members and supporters in the West Bank.
    There were reports of significant abuses by PA security forces. The 
PSO and the GI were more frequently implicated in complaints of abuse 
than other security organizations. The Military Intelligence (MI) 
organization frequently exceeded its legal authority to investigate 
other security services' officers and detained civilians.
    There continued to be reports of widespread abuse and violence by 
Hamas security forces against Fatal-affiliated officials in the Gaza 
Strip.
    In July 2007 Hamas Executive Force members detained Fatah member 
Muhammad Kamel al-Shekhrit during a demonstration and beat him at the 
former headquarters of the National Security Forces in Rafah. In August 
2007 Izz al-Din al-Qassam Brigade members beat Yasser Ouda Joma Abu 
Shabab, a police officer from Rafah, and interrogated him about his 
ties to Fatah. In September 2007 MI detained and beat Hamas member 
Rasem Khattab Hasan Mustafa in Nablus. In September 2007 PA Preventive 
Security officers beat Fayez al-Tarada during the arrest of his 
brother, Hamal-supporter Fawwaz Hisham Hussein al-Tarada, and during 
interrogation in Hebron beat Fawwaz with a stick. No investigations 
were opened.
    Israeli law, as interpreted by a 1999 High Court decision, 
prohibits torture and several interrogation techniques but allows 
``moderate physical pressure'' against detainees considered to possess 
information about an imminent terrorist attack. The decision also 
indicates that interrogators who abuse detainees suspected of 
possessing such information may be immune from prosecution. Human 
rights organizations reported that ``moderate physical pressure'' has 
been used in practice to include beatings, requiring an individual to 
hold a stress position for long periods, as well as painful pressure on 
shackles and restraints applied to the forearms.
    Incidents of IDF abuse of Palestinian detainees continued to be a 
significant problem. Abuses did not appear to be limited solely to 
certain units, but incidents involving the Kfir Brigade were 
particularly prominent. The IDF said it made efforts to retrain the 
brigade through simulations and workshops facilitated by human rights 
organizations, but there were reports that such training did not 
eliminate incidents of abuse. The IDF attributed an increase in 
incidents to growing willingness among commanders to report abuses.
    On January 29, the Israeli press reported that soldiers in the Kfir 
Brigade beat and kicked detainees and documented their actions on cell 
phone cameras.
    On February 11, three soldiers from the Haruv Battalion of the Kfir 
Brigade were indicted as a result of assaults near the West Bank 
settlement of Shavei Shomron. On June 3, the soldiers were convicted of 
beating two handcuffed and blindfolded minors and applying a heating 
device to the face of a detainee. They were sentenced to five and a 
half months in jail.
    On March 11, two policemen from Ma'ale Adumim police station were 
arrested for severely abusing a Palestinian from Bethany. The Israeli 
NGO the Public Committee on Torture in Israel (PCATI) complained that 
in November 2007 the officers beat and urinated on the man, in addition 
to inserting objects into his body cavities. At year's end no 
additional information was available.
    On July 7, in Na'alin village, an IDF soldier shot Ashraf Abu Rahma 
in the foot at close range with a rubber-coated bullet, while Abu Rahma 
was handcuffed and blindfolded. The soldier who fired the shot alleged 
that the battalion commander, Lt. Col. Omri Borberg, ordered him to 
shoot. On August 7, Borberg was charged with conduct unbecoming an 
officer and reassigned by the IDF chief of staff from his duties as 
commander of the 71st Armored Battalion. On August 19, the Israeli NGO 
the Association for Civil Rights in Israel filed a petition with the 
High Court seeking to compel the judge advocate general to file a more 
serious charge. On October 6, the High Court asked the IDF to consider 
charging a more serious crime. On November 4, the military advocate 
general announced that the original charge would not be changed.
    According to an August 12 report in the newspaper Yedioth Ahronoth, 
four soldiers from the Haruv Battalion received administrative 
punishments for hitting a bound Palestinian and throwing him on the 
side of the road. The soldiers were punished for agreeing not to report 
the incident; three received a reprimand, and a fourth, the most 
senior, was confined for 21 days and suspended for 14 days.
    Also in Na'alin, on September 1, IDF soldiers searching a house for 
a demonstrator shot Awad Srour at least three times in the head and 
chest with rubber-coated bullets. As a result, Srour lost an eye. IDF 
operations in Na'alin were frequent and linked to protests against the 
separation barrier, which often involved rock throwing by demonstrators 
and use of tear gas and rubber-coated bullets on by the IDF.
    On July 27, a volunteer for Christian Peacemaker Teams was attacked 
by a masked settler while escorting children from nearby Al Tuwani 
village between their homes and summer camp. The volunteer sustained 
head injuries and was treated at a nearby hospital.
    Israeli law prohibits forced confessions, but a detainee may not 
have legal representation until after interrogation, a process that may 
last weeks. Most convictions were based on confessions made during this 
period. Detainees sometimes stated in court that their confessions were 
coerced, but in previous years Israeli NGOs reported there were no 
instances of judges excluding such confessions. In May 2007 B'Tselem 
and HaMoked reported that isolation from the outside world is a common 
Israel Security Agency (ISA or Shin Bet) practice whereby detainees are 
prevented from meeting with attorneys, International Committee of the 
Red Cross (ICRC) representatives, and their families during the initial 
period of interrogation or for its duration. They also reported sleep 
deprivation, protracted handcuffing, insults and humiliation, threats, 
and naked body searches.
    Israeli human rights organizations reported that Israeli 
interrogators used psychological abuse more frequently in recent years, 
including threats of house demolition or of questioning elderly 
parents, and kept prisoners in harsh conditions, including solitary 
confinement for long periods. In October 2007 PCATI submitted a letter 
to the attorney general citing three cases in which family members were 
detained allegedly to put psychological pressure on detainees. In his 
response the attorney general agreed that such actions were not 
appropriate and stated that the ISA agreed to refrain from such 
methods. On April 13, PCATI submitted a report to the Knesset 
Constitution, Law, and Justice Committee, documenting its allegations.
    For example, on February 1, the ISA arrested and began 
interrogating Jalal Sawafta. After six days of interrogation, Sawafta's 
parents were brought to the interrogation room and asked to convince 
Sawafta to confess to involvement in rigging a car to explode. The ISA 
interrogator allegedly threatened to demolish the family home if 
Sawafta's parents did not convince Sawafta to confess. On February 28, 
PCATI filed a complaint with the Ministry of Justice and received a 
response indicating the complaint would be investigated. No results had 
been released at year's end.
    In May 2007 Israeli NGOs B'Tselem and HaMoked published a report 
alleging serious abuses of detainees from the occupied territories in 
Israeli detention facilities. The report stated that from 2001 to 2006, 
the State Attorney's Office failed to launch criminal investigations 
into any of over 500 complaints of ill treatment by ISA interrogators. 
It also found that in two thirds of 73 cases examined, detainees 
claimed that ISA interrogators used one or more forms of abuse. In 
December 2007 PCATI reported that from January 2005 to July 2007 the 
Military Prosecutor's Office received 138 complaints of physical abuse 
against IDF soldiers, filed six indictments, and initiated three 
disciplinary actions.
    There were no updates in the following 2007 cases: Amin Saud 
Mahmoud Hasuna and his brother, Yasser, and Jalal al-Batsh.
    In January 2007 the Hebron police opened an investigation into 
Jewish Quarter resident Yifat Alkobi's verbal and physical assault on 
the Abu Aysha family, which was documented on video and broadcast on 
the media. At year's end there was no information available on the 
status of the investigation.
    There were no developments in the 2007 beating of children from the 
Abu Hatah family in Hebron by settlers from Kiryat Arba or in the 2007 
case of 15 Israelis from Ma'on settlement, who attacked two shepherds 
from Mufaqara.
    There were no further developments or investigations had not 
concluded in the following 2006 claims of beatings and other abuse: of 
an ISA detainee from the village of Koud at Kishon Detention Center, or 
by IDF soldiers at al-Fawar checkpoint, in Ramin Plain, and in Bil'in 
village.
    There was no investigation of the 2006 attack by a group of Israeli 
settlers seriously injuring a European woman escorting Palestinian 
schoolchildren in Hebron.

    Prison and Detention Center Conditions.--PA prison conditions were 
poor. Many prisons were destroyed during the Intifada and were not 
reconstructed. Prisoners were kept informally incarcerated, and 
conditions of detention and imprisonment varied widely. During the year 
the PA generally permitted the ICRC access to detainees and regular 
inspections of prison conditions; however, the PA denied access to some 
detainees within 14 days following their arrests as required. The PA 
permitted independent monitoring of its prisons by the Independent 
Commission for Human Rights (ICHR, formerly known as PICCR) and other 
Palestinian NGOs, but human rights groups, humanitarian organizations, 
and lawyers in past years reported difficulties gaining access to 
specific detainees. Human rights organizations stated their ability to 
visit PA prisons and detention centers varied depending on which 
security organization ran the facility.
    Gaza prison conditions were reportedly poor, and little information 
was available. The ICRC was able to conduct monitoring visits to 
prisoners held in Gaza by Hamas in most cases but not to captured IDF 
soldier Gilad Shalit.
    IDF detention centers were less likely than Israel Prison Service 
(IPS) prisons to meet international standards with some, such as the 
Ofer detention center, providing living space as small as 15 square 
feet per detainee. A November 2007 petition filed before the High Court 
asked for improved holding cells, regular toilet access, drinking 
faucets, three daily meals, and improved ventilation for detainees. At 
year's end the legal case between PCATI and the Ministry of Justice was 
pending.
    Israel permitted independent monitoring of prison conditions by the 
ICRC. The Israeli Bar Association and other NGOs sent representatives 
to meet with prisoners and inspect prison, detention, and IDF 
facilities. Human rights groups reported delays and difficulties in 
gaining access to specific detainees, frequent, transfers of detainees 
without notice, and the significantly limited ability of families of 
Palestinians imprisoned in Israel to visit.
    According to the NGO Palestinian Prisoners Club, Israel held 24 
Palestinian prisoners in some form of solitary confinement during the 
year.
    Palestinian prisoners in Israeli custody 16 years and older were 
treated and housed as adults. B'Tselem reported that as of November, 
the IPS held 318 Palestinians under the age of 18, including 25 minors 
age 15 or younger. The IDF held six Palestinian minors in its two 
Provisional Detention Centers as of October, according to B'Tselem. An 
international organization reported that most Palestinian minors were 
held in Hasharon prison, while the remainder were housed at Damoun and 
Ofek prisons; all were being held as security prisoners. Minors in the 
two IDF facilities, where detention is limited to 21 days, were not 
separated from adults.
    According to the PA Ministry of Prisoners' Affairs, there were 161 
critical medical cases of Palestinians in Israeli prisons in 2007. 
Since 2004 Israel authorized several private doctors to visit and 
increased medical attention; however, prisoners continued to claim 
inadequate medical attention.

    d. Arbitrary Arrest or Detention.--Palestinian law prohibits 
arbitrary arrest and detention. It allows police to hold detainees 
without charges for 24 hours and with court approval for up to 45 days. 
A trial must start within six months or the detainee must be released. 
In practice the PA detained many without charge for months.
    Israeli law prohibits arbitrary arrest and detention, but the 
security services did not always observe these prohibitions. 
Palestinian security internees were under the jurisdiction of military 
law, which permits 10 days' detention without seeing a lawyer or 
appearing before court. There is no requirement that a detainee have 
access to a lawyer until after interrogation, a process that may last 
weeks. The ICRC is required to be notified of arrests within 12 days 
after they occur and allowed to visit detainees within 14 days after 
the arrest.

    Role of the Police and Security Apparatus.--In PA-controlled areas 
of the West Bank, Palestinian police were normally responsible for law 
enforcement for Palestinians and other non-Israelis. In Gaza, Hamas 
enforced laws selectively.
    PA security forces included the National Security Forces (NSF), the 
PSO, the GI, the Presidential Guard (PG), and the police. Quasi-
military security organizations, such as the Military Intelligence, 
exercised the equivalent of law enforcement powers. The PSO, the civil 
police, and civil defense fall under the legal control of the interior 
minister, who reports to the prime minister. President Abbas has legal 
authority over the NSF, PG, and GI, although all PA security branches 
have been put under the interior minister's operational control. The 
interior and justice ministries investigate complaints regarding 
conduct of the PA security forces.
    Hamas exercised de facto authority over the Gaza Strip, including 
policing and security functions.
    Israeli authorities maintained effective control over West Bank 
security forces that consisted of the IDF, the ISA, the Israeli 
National Police, and the Border Police. Israeli authorities 
investigated and punished abuse and corruption, although there were 
reports of failures to take disciplinary action in cases of abuse.

    Arrest and Detention.--PA security forces often ignored laws by 
detaining persons without warrants and without bringing them before 
judicial authorities. PA security forces also occasionally disregarded 
court decisions calling for release of alleged security criminals. 
Suspects often were held without evidence and denied access to lawyers, 
families, or doctors. The law provides for a prompt judicial 
determination of the legality of detention and was observed in 
practice. Detainees were informed of the charges against them, although 
sometimes not until interrogation. There was a functioning system of 
bail.
    Both Hamas and the PA detained hundreds of individuals because of 
their affiliation with the rival faction without recourse to judicial 
review. On August 1, Fatah leadership including Khan Yunis Governor 
Usama al-Farra, and Gaza Governor Muhammad al-Qidwa were arrested and 
released after nearly two months in jail. In the West Bank, more than 
100 Hamas affiliated municipal council members and activists were 
detained because of their political affiliation as of late August, 
according to a Palestinian organization.
    Under applicable occupation orders, Israeli security personnel may 
arrest without warrant or hold for questioning a person suspected of 
having committed or being likely to commit a security-related offense. 
Israeli Military Order 1507 permits detention for 10 days before 
detainees see a lawyer or appear before court. Administrative security 
detention orders can be issued for up to six-month periods and renewed 
indefinitely by judges. The law expressly authorizes an appeal of the 
circumstances of each security detention order to the High Court. No 
detainee successfully appealed a detention order.
    Israeli Military Order 1369 provides for a seven-year prison term 
for anyone not responding to a summons in security cases. Suspects are 
entitled to an attorney, but this right can be deferred during 
interrogation, which can last up to 90 days. Israeli authorities stated 
that policy is to post notification of arrests within 48 hours, but 
senior officers may delay notification for up to 12 days. A military 
commander may request a judge to extend this period indefinitely. 
Evidence for administrative detentions in security cases was often 
unavailable to the detainee or his attorneys due to security 
classification, but it was made available to the court.
    On July 23, IDF soldiers arrested Jamal Hussein Amira during a 
protest against the separation barrier near Na'alin village. Amira's 
daughter filmed the July 7 shooting of a handcuffed and blindfolded 
Palestinian by an IDF soldier. Human rights activists expressed concern 
that the arrest may have been in retribution for the family's role in 
exposing the previous IDF abuse. A military judge agreed, noting that 
out of all those protesting at the time, it was the girl's father who 
was arrested. The charges were dismissed for lack of evidence.
    According to Palestinian and Israeli NGOs, there were approximately 
8,300 Palestinian prisoners and detainees, including 1,800 common law 
criminals in IPS prisons and the three IDF detention centers in Israel 
and the West Bank. This number included approximately 325 minors and 
570 administrative detainees.
    Israel conducted some mass arrests in the West Bank; however, most 
arrests targeted specific persons. According to the UN Office for the 
Coordination of Humanitarian Affairs (OCHA), the number of IDF search 
and arrest campaigns increased during the first 10 months of the year. 
From January 1 to October 31, the IDF arrested an average of 83 persons 
weekly in the West Bank. There were a total of 4,078 search and arrest 
campaigns conducted in the first 10 months of the year, compared to 
2,613 in the same period in 2007. At year's end 37 of the 132 members 
of the PLC remained in jail in Israel, including 33 from the terrorist 
group Hamas, three from Fatah and one from the terrorist group Popular 
Front for the Liberation of Palestine (PFLP). Of those, 20 were 
awaiting trial, four remained in administrative detention, and 13 were 
serving sentences.
    Palestinians transferred to prisons in Israel had difficulty 
obtaining legal representation because only Israeli citizens or 
Palestinian lawyers with Jerusalem identification cards were permitted 
to visit them. Israeli authorities in some instances scheduled 
appointments but then moved the prisoners to other prisons reportedly 
to delay lawyer-client meetings.
    The Israeli government often failed to notify foreign consular 
officials in a timely manner after detaining their citizens in the 
occupied territories.

    e. Denial of Fair Public Trial.--The PA court system is based on PA 
legal codes as well as Israeli military orders and Jordanian and 
Ottoman Law that predate the 1967 occupation. The Basic Law provides 
for an independent judiciary, but in practice, the PA sometimes avoided 
prosecuting cases against politically connected individuals and 
circumvented the authority of the courts when expedient. A High 
Judicial Council maintained authority over most court operations. 
Military courts, established in 1995 and guided by the 1979 PLO Penal 
Code, have jurisdiction over security personnel and crimes by civilians 
against security forces. They do not provide the same rights as 
nonmilitary courts and generally apply longer sentences. There is a 
nine-judge court for election issues.
    In September 2007 former Hamas Prime Minister Ismail Hanniyeh named 
a de facto High Judicial Council for Gaza. Hamal-affiliated members 
replaced PA prosecutors and judges. The PA declared the council 
illegal; however, it continued to function in Gaza.
    PA courts were inefficient, lacked staff and resources, and often 
did not ensure fair and expeditious trials. A severe shortage of funds 
and judges and an absence of lawyers and witnesses, due in part to 
travel restrictions, curfews, and closures, resulted in significant 
backlogs in both criminal and civil cases. PA executive and security 
services frequently failed to implement court decisions and otherwise 
inhibited judicial independence.
    IDF restrictions on access and movement throughout the West Bank 
significantly impacted the PA's efforts to improve administration of 
justice. Palestinian lawyers and judges reported frequent delays of 
several hours and difficulty obtaining approval to transport prisoners 
across checkpoints.
    Israeli law provides for an independent judiciary, and the 
Government generally respected civil court independence in practice. 
The IDF tried Palestinians accused of security offenses in military 
courts. The law defines security offenses to include charges as varied 
as rock throwing or membership in terrorist organizations. Israeli 
military courts rarely acquitted Palestinians charged with security 
offenses; sentences occasionally were reduced on appeal.

    Trial Procedures.--The Independent Judiciary Law, passed by the PLC 
in 2004, provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. Juries are not used.
    Trials are public, except when the court determines privacy is 
required by PA security, foreign relations, a party's or witness's 
right to privacy, or protection of a victim of a sexual offense or 
honor crime. The law provides for legal representation, the right to 
question and present witnesses, to review government-held evidence, and 
to appeal. Authorities generally observed these rights in practice for 
all citizens. Human rights organizations reported delayed hearings due 
to an extensive backlog and a lack of legal representation.
    PA law allows the death penalty for certain offenses, including 
types of treason and murder. In recent years, most PA death penalty 
convictions were issued by military courts under the PLO Revolutionary 
Penal Code of 1979. Trials conducted in PA military courts lacked due 
process protections, and human rights organizations criticized the PLO 
code for allowing the death penalty to be applied to a broad range of 
offenses.
    On July 15, a PA military court in Jenin sentenced Wael Said Saed 
Saed and Mohammad Saed Mahmoud Saed to death by firing squad. 
Palestinian NGOs reported that the trial was hasty and that journalists 
were prevented from entering the courtroom until the sentences were 
given and were prevented from taking photographs.
    On April 28, a PA military court in Hebron sentenced Imad Saad to 
death for collaboration with Israel. Saad was arrested in August 2007 
on allegations that he provided Israeli intelligence services with the 
locations of four Palestinian gunmen who were subsequently killed by 
the IDF. Saad is the first person sentenced by the PA to death for the 
charge of collaboration since 2004. At year's end his sentence had not 
been carried out because it had not been ratified by PA President 
Abbas.
    (For information on the rights granted in Israeli military courts, 
See the Israel Report.)
    The Israeli Government sometimes delayed trials for extended 
periods, occasionally for years, because security force witnesses did 
not appear, the defendant was not brought to court, files were lost, or 
travel restrictions delayed attorneys. Palestinian legal advocates 
claimed that delays were designed to pressure defendants to settle 
their cases, including crowded facilities, poor arrangements for 
scheduling and holding attorney-client consultations, and confessions 
prepared in Hebrew that hindered defense efforts.
    Israelis living in settlements in the West Bank and in East 
Jerusalem were tried under Israeli law in the nearest Israeli district 
court.
    A May report by Yesh Din on police investigations into settler 
violence against Palestinians determined that 8 percent of the 205 
cases being tracked resulted in indictments. The remaining 92 percent 
were dismissed.

    Political Prisoners and Detainees.--Palestinian sources estimated 
the PA imprisoned 22 persons suspected of collaboration with Israel 
during the year. During the year seven persons were arrested on charges 
of collaboration and other charges. Many of those held in Gaza as 
Israeli ``collaborators'' reportedly were released in 2007 after Hamas 
took over (See Section 1.d.). Hamas executed, kneecapped, or arrested 
an unknown number of Palestinians in Gaza, including supporters of 
Fatah, in late December. Hamas claimed those arrested and killed were 
collaborating with Israel.
    Palestinians claimed that security detainees held under IDF 
military orders were political prisoners.

    Civil Judicial Procedures and Remedies.--Civil suits are handled by 
the PA civil and magistrate courts. A citizen can file a suit against 
the Government. The execution of court orders was not systematic.
    Israeli law permits Palestinians residing in the occupied 
territories to seek compensation for death, injury, or property damage 
at the hands of the IDF.
    An investigation continued in the 2004 case in which IDF soldiers 
shot and killed 13-year-old Iman al-Hams as she approached an IDF 
outpost in Gaza carrying a bag of schoolbooks that troops suspected 
contained explosives. In November 2007 the parents' petition for 
compensation, which had been accepted by the High Court, was 
transferred to the military attorney general. At year's end the case 
was pending.

    Property Restitution.--Israeli authorities confiscated Palestinian 
property for construction of the separation barrier or military 
installations. In some cases, the IDF offered some compensation; 
however, Palestinians largely declined due to concern that this would 
legitimize the confiscations. Due to documentation issues dating from 
the Ottomans and a land tenure system with communal, family, and 
individual rights commingled, Palestinians have had difficulty 
attempting to prove ownership in Israeli courts (See Section 1.f.).
    On June 16, the IDF confiscated 89 acres of land to expand a 
military base near the settlement of Roi. Palestinian officials claimed 
the land was privately owned Palestinian land and expressed concern 
that the confiscation would cut off access to the village of al-
Hadidiya.
    On October 31, the IDF razed Bedouin dwellings in communities south 
of Hebron and east of Ramallah, leaving 142 homeless, according to 
media reports. The Israeli planning rights NGO, Bimkom, in a June 
report, said Israeli data showed that between 2000 and September 2007: 
4,820 buildings received demolition orders in area C, which is 
designated under the Oslo accords as West Bank land under full Israeli 
civil and military authority; 1,626 buildings were demolished; and 
1,624 applications for building permits in area C were submitted by 
Palestinians, of which 91 permits (5.6 percent) were approved.
    In a 2006 study based on official data, the Israeli NGO Peace Now 
concluded that 38.7 percent of the 15,271 acres occupied by Israeli 
settlements, outposts, and industrial zones in the West Bank was 
privately owned Palestinian property, and that West Bank settlements 
violated Israeli law and juridical decisions. The Israeli Yesha 
settlement council condemned the report on technical and substantive 
grounds.
    A July 2007 OCHA report on the humanitarian impact of Israeli 
settlements concluded that 40 percent of West Bank land includes 
Israeli infrastructure including 1,032 miles of roads, military bases, 
nature reserves, settlements, and outposts. According to the Israeli 
Central Bureau of Statistics (ICBS), the population of Israeli 
settlements grew 5.6 percent in 2006-07, while Israel's population grew 
1.6 percent. There were no updated statistics available during the 
year. ICBS also reported that the number of starts on new construction 
in settlements was 42 percent higher between January and June than in 
the same period in 2007.
    In March 2007 the Israeli Ministry of Finance transferred to the 
Government of Israel ownership of 7.5 acres of olive orchard known as 
``Mufti's Grove'' in East Jerusalem's Shaykh Jarrah neighborhood. In 
April 2007 the Israeli government leased the land to the Ateret Cohanim 
settler group. In December 2007, responding to a petition submitted by 
Arab Hotels Company Limited contesting ownership of Mufti's Grove, the 
High Court of Justice set a September 26 hearing date, which was 
subsequently delayed. At year's end no hearing had taken place.
    In 2006 the Israeli Committee for the Preservation of Historic 
Sites made a recommendation to demolish the historic Shepherd Hotel in 
East Jerusalem, which was owned by the Husseini family from 1945 to 
1967, confiscated as absentee property by the Government of Israel in 
1967, and privately purchased in the 1980s. At year's end plans to 
build six eight-story apartment buildings remained in dispute.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The PA required the attorney general to issue warrants 
for entry and searches of private property; however, Palestinian 
security services frequently ignored these requirements.
    Under occupation orders, only IDF lieutenant colonels and above 
could authorize entry into private homes and institutions without a 
warrant, based upon military necessity. Israeli authorities stated that 
violating this order entailed punishment, but there were no reported 
cases of IDF soldiers punished for acting without fulfilling this 
requirement.
    Israeli forces are prohibited from using ``human shields'' by law, 
High Court rulings, and an IDF order, but the prohibition was not 
always observed. There was no additional information available in the 
disciplinary proceedings against Brigadier General Yair Golan who 
ordered the 2007 operation in which 24-year-old Samah Amira was held at 
gun point to serve as a human shield as the IDF searched houses in 
Nablus. In October 2007 IDF Chief of Staff Gabi Ashkenazi initiated a 
disciplinary proceeding against Brigadier General Yair Golan for 
authorizing the operation. In 2006 B'Tselem claimed that during an 
incursion in northern Gaza, IDF soldiers seized control of two 
buildings and used six residents as human shields. The IDF previously 
informed B'Tselem that the investigation continued; however, at year's 
end there were no developments.
    Israeli authorities limited Palestinian home construction, notably 
in East Jerusalem. The municipality of Jerusalem demolished 88 houses 
in East Jerusalem during the year because they were defined by the 
Israeli government as illegal. Additional demolitions of houses by the 
IDF in Jersualem were not tracked by the municipality. The NGO Israeli 
Committee Against Home Demolitions recorded a total of 93 demolitions 
in Jerusalem during the year. Israeli authorities generally restricted 
Palestinian home building elsewhere in the West Bank and near Israeli 
settlements. According to OCHA, 110 homes were demolished in the West 
Bank and Gaza, leaving 489 Palestinians homeless.
    During the year the IDF destroyed numerous citrus, olive, and date 
groves and irrigation systems in Gaza, stating that Qassam rockets were 
being fired from those areas. For example, on January 6, the IDF 
carried out land-leveling operations in conjunction with a military 
operation in al-Bureij camp in Gaza, uprooting 20 acres of olive trees. 
On January 23, IDF bulldozers operating on agricultural land northeast 
of Beit Hanoun uprooted approximately 85 acres of olive and citrus 
trees.
    As in previous years, there were numerous incidents of vandalism of 
Palestinian olive groves by Israeli settlers. On October 2, following 
the IDF evacuation of the illegal outpost at Shavut 'Ami, settlers 
burned 2.5 acres of land belonging to farmers from Immatin village near 
Qalqiliya, destroying an estimated 100 olive trees. On October 11, 
settlers from Yitzhar injured three Palestinians and cut down 18 olive 
trees before IDF soldiers intervened.
    During the year violent attacks by settlers against Palestinians 
increased significantly. On June 20 and July 21, settlers from Yitzhar 
and Har Bracha settlements launched multiple improvised rockets at 
nearby Palestinian villages. Israeli police arrested Gilad Herman, a 
student at Od Yosef Hai Yeshiva in Yitzhar following an investigation 
of the June 20 incident. On July 28, a Molotov cocktail attack on a 
house on the outskirts of Burin, next to Har Bracha, caused significant 
damage when it landed in a child's crib. The family was not at home.
    Palestinian villages in the south Hebron hills and south of Nablus 
were particularly affected. The press widely covered a June 8 attack on 
Tamam al-Nawajah and two other members of her family who were farming 
near Susiya settlement. Press coverage was in large part due to the 
availability of footage taken by a member of al-Nawajah's family. On 
June 17, Israeli police arrested three residents of Susiya in 
connection with the assaults. They were later released for lack of 
evidence. At year's end the investigation continued.
    On July 5, settlers from Ashael tied Madahat Abu Kirash to a 
telephone pole and beat him. The incident was also filmed and widely 
reported in the press. A spokesman for a South Hebron Hills settler 
organization denied involvement and alleged that Palestinians or 
leftist activists had staged the attack. Israeli police arrested three 
people who were released to house arrest with electronic monitoring 
bracelets pending trial. They were prohibited from entering the West 
Bank.
    Israeli authorities arrested 19-year-old Daniel Avraham, a settler 
from Yitzhar settlement, and charged him on August 25 with possession 
of weapons and endangering lives on a road in an August 1 attack in 
which a large stone thrown onto a vehicle wounded a pregnant woman and 
two of her daughters. At year's end no additional information was 
available.
    In September Yesh Din reported that Israeli police regularly failed 
to bring charges in cases of alleged settler violence against 
Palestinians. A continuing review of 205 cases determined that 163 
files had been closed, with 13 resulting in indictments and 149 closed 
without charges. The most common reasons cited were lack of evidence 
and unknown identity of the attacker.
    The IDF cleared and took control of privately owned Palestinian 
land to construct the separation barrier. According to OCHA, at the end 
of 2007, 254.2 miles of the 449.4 mile-barrier had been constructed and 
8,887 acres of West Bank land confiscated in the process. There were no 
updated statistics available during the year. Israeli government policy 
was to build the barrier on public lands where possible, and where 
private land was used, provide opportunities for compensation. Numerous 
cases were filed in Israeli courts challenging barrier route (See 
Section 2.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Basic Law permits every person 
the right to freedom of thought, conscience, and expression, orally, in 
writing, or through any other form. The PA does not have laws providing 
for freedom of press. A press law enjoins criticizing the PA or the 
President, but it was not applied. The climate of violence induced 
self-censorship, and both the PA security forces in the West Bank and 
members of the Hamas security apparatus in Gaza restricted freedoms of 
speech and press. Individuals criticizing the authorities publicly 
risked reprisal, and during the year PA security forces and Hamas 
Executive Forces closed media offices, confiscated equipment, prevented 
the delivery of newspapers, and assaulted journalists during 
demonstrations.
    There were three Palestinian daily and several weekly newspapers, 
several monthly magazines, and three tabloids. The PA operated one 
television and one radio station. There were approximately 30 
independent television and 25 independent radio stations. Violence 
between Hamas and Fatah resulted in polarization of the Palestinian 
press. Working conditions for journalists in the West Bank and Gaza 
deteriorated noticeably during the year; however, some international 
news outlets maintained offices in Gaza.
    Since June 2007 the PA has maintained its distribution ban on the 
pro-Hamas Al-Risala twice-weekly and Felesteen daily, both Gaza-based 
publications.
    On July 27, Hamas banned distribution of the three dailies in Gaza. 
On August 24, the ban was lifted against Al-Quds newspaper but remained 
in place against Al-Ayyam and Al-Hayat Al-Jadida. According to 
officials from those newspapers, Hamas demanded that its own 
newspapers, Al-Risalah and Felesteen, be allowed to circulate in the 
West Bank in order to lift the ban against the two West Bank-based 
papers.
    On February 10, a Hamal-run court in Gaza ruled in support of 
banning the distribution of the independent daily Al-Ayyam, while 
sentencing the paper's editor and its main political cartoonist (both 
resident in the West Bank) to suspended jail terms. The decision was 
the result of a court case alleging defamation filed by several Hamas 
legislators, over a political cartoon published in the paper in 
November 2007.
    In June 2007, following its take-over of the Gaza Strip, Hamas 
closed down all Fatal-affiliated broadcast outlets in Gaza. The Fatal-
allied Palestinian TV and Voice of Palestine radio buildings in Gaza 
City were taken over by Hamas gunmen and closed down. Both stations 
have since been operating from Ramallah. Two other Fatal-affiliated 
radio stations in Gaza, Al-Hurriyah and Al-Shabab, also went off the 
air at the same time.
    The NGO Reporters Without Borders (RSF) reported that after the 
takeover of Gaza in 2007, Hamas leaders announced that they would apply 
a 1995 press law that was drafted but never passed by the PLC, under 
which journalists can be imprisoned for up to six months and newspapers 
closed for reports liable to ``jeopardize national unity or incite 
crime, hatred, division or sectarian dissention or for criticizing the 
police and security forces.''
    Pro-Hamas journalists in the West Bank were exposed to threats. 
Only pro-Hamas broadcast media and PFLP-affiliated radio outlet Voice 
of the People have operated in Gaza since June 2007. In 2007 Hamas 
closed Voice of the People for two and a half months and again during 
the year between August 2 and August 6. According to RSF, at least nine 
news media outlets stopped operating in Gaza, three of which were state 
owned and six privately owned.
    On January 1, PA forces arrested four journalists in the West Bank 
city of Tulkarm, including the head of Hamal-affiliated Al-Aqsa 
television in the West Bank, Muhammad Shteiwi; a reporter for the same 
television station, Tariq Shahab; a reporter for the Hamas daily 
Felesteen, Salim Tayeh; and a fourth journalist, Fareed As Sayed. Both 
Shahab and Tayeh were released shortly after their arrest. Shteiwi was 
held for three days before being released and was subject to periodic 
questioning by PA security forces but was not subsequently held in 
custody.
    On March 12, the independent Ramattan News Agency reported that PA 
security forces forcibly entered the agency's offices in Ramallah and 
arrested the editor in charge, Nawwaf Al-Amer. Al-Amer was held for 
questioning and then released by PA security forces.
    On July 26, Hamas forces arrested Fouad Jarrada of the Palestinian 
Broadcasting Corporation, the official Palestinian television station, 
and Amro Farra of the official Palestinian WAFA News Agency. The press 
reported that Hamas forces raided the office of WAFA in Gaza as part of 
a crackdown on Fatah activists and institutions, following a large 
explosion in Gaza believed by Hamas to be a Fatah attack against Hamas.
    Also on July 26, the PA intelligence services in the West Bank 
arrested Alaa el Titi, a correspondent of the Hamas television station 
Al Aqsa, and Mostapha Sabri, the editor of the Hamas daily Felesteen.
    Again on July 26, Hamas arrested Sawah Abu Saif, a cameraman 
working for Germany's ARD television network. He was released on July 
30. According to press reports, Abu Saif was arrested by Hamas forces 
in an effort to gather information on staff and correspondents of ARD, 
accused by Hamas of producing negative reports about its government and 
the overall situation in Gaza. On July 31, ARD closed its office in 
Gaza.
    Israeli authorities limited freedom of expression, ordering that in 
East Jerusalem displays of Palestinian political symbols were 
punishable by fines or prison, as were public expressions of anti-
Israeli sentiment and of support for terrorist groups. Israeli 
authorities censored coverage of the Intifada and reviewed Arabic 
publications for security-related material.
    As a general rule, Israeli media covered the occupied territories, 
except for combat zones where the IDF temporarily restricted access. 
Since November 6, journalists were prohibited from entering the 
territory by the IDF. The military's ban on travel by journalists 
continued at year's end.
    Closures, curfews, and checkpoints limited the ability of 
Palestinian and foreign journalists to do their jobs (See Section 
2.d.).
    In July 2007 al-Aqsa television cameraman Imad Ghanem was shot by 
IDF soldiers while covering an IDF operation in al-Barij Camp in Gaza 
and subsequently lost both legs. RSF called for an investigation, but 
there was no known investigation by year's end.
    On July 10, the IDF closed the independently owned Afaq TV in the 
West Bank city of Nablus. According to press reports, the IDF closed 
the station for one year, accusing it of affiliation with a terrorist 
entity.
    On August 20, the IDF raided three Hebron media outlets reportedly 
looking for the source of interference with Ben Gurion airport 
operations, according to staff at the outlets. IDF soldiers damaged and 
confiscated some equipment and detained two employees.

    Internet Freedom.--There were no PA restrictions on access to the 
Internet or reports that the PA 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 a 2006 
Palestinian Central Bureau of Statistics survey, 18 percent of 
Palestinians knew how to use the Internet, and 16 percent of households 
had access to the Internet.

    Academic Freedom and Cultural Events.--There were no PA 
restrictions on academic freedom and cultural events. During the year 
Palestinian authorities did not interfere with education; however, 
violence and restrictions on movement adversely affected academic 
institutions (See Section 2.b.). In Gaza Hamas continued to remove 
Fatal-affiliated employees from all sectors, including firing several 
principals and teachers. Israeli authorities continued to prohibit 
Palestinians from undergraduate university study in Israel.
    Israeli authorities prevented many Palestinian cultural events that 
they reportedly perceived to be associated with Palestinian political 
ambitions. Seven times during the year, including most recently on 
November 21, the Ministry of Interior closed the Palestinian National 
Theater, al-Hakawati, for lack of proper licenses. The theater and 
event organizers claimed the performances did not require a license and 
that the closures were intended to reduce Palestinian cultural activity 
in Jerusalem.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--PA law permits public meetings, processions, and assemblies 
within legal limits. It requires permits for rallies, demonstrations, 
and large cultural events, but authorities rarely denied them. The PA 
prohibited calls for violence, displays of arms, and racist slogans, 
although it rarely enforced these provisions. Following November 2007 
Fatal-Hamas clashes in Gaza, Hamas banned rallies, impeded freedom of 
assembly, and the carrying of arms by Fatah members. Hamas members were 
permitted to hold demonstrations and display weapons in public in Gaza.
    On April 26, Hamas decreed that any public assembly or celebration 
was required to receive prior permission, in contradiction to the Basic 
Law.
    On May 10, four plainclothes Hamas security forces entered the 
Commodore Hotel in Gaza and broke up the annual conference of Bada'el 
Media Research and Studies Center, citing the failure of the conference 
to obtain permission from the police.
    In June Hamas detained Fatah activists mourning the anniversary of 
the June 2007 killing of Jamal Abu al-Jidyan, a senior al-Aqsa Martyrs 
Brigade member and Fatah Secretary for northern Gaza.
    Israeli security forces used force against Palestinians and others 
involved in demonstrations, and military orders banned public 
gatherings of 10 or more persons without a permit. Since 2005 
Palestinian, Israeli, and international activists demonstrated each 
week in Bil'in village to protest the construction of the separation 
barrier. On several occasions, soldiers tear gassed, beat, or injured 
them with rubber bullets.

    Freedom of Association.--PA law allows for the freedom of 
association, but it was limited in practice. PA security services 
frequently raided and closed Hamal-affiliated organizations and 
charities. On August 6, the PA raided four charitable organizations and 
two printing houses in Hebron Governorate and confiscated vehicles and 
computers.
    Between July 26 and July 28, in the aftermath of a July 25 
explosion on a Gaza beach, Hamas closed at least 45 NGO offices. Most 
of the NGOs were Fatal-affiliated, but a number were independent of any 
political affiliation.
    Overnight on July 7 and July 8, the IDF conducted a series of raids 
in Nablus against organizations allegedly affiliated with Hamas, 
including a major commercial mall.
    Prominent Palestinian centers in East Jerusalem, such as the 
Chamber of Commerce and Orient House, remained closed by Israel on 
grounds they operated under PA supervision. On July 2, Israel closed 
the Palestinian Housing Council (PHC) in East Jerusalem on the grounds 
that it was acting as a representative of the PA. The organization 
released a statement saying it had been a registered Israeli company 
since 1991. PHC reopened on December 31 after the closure order expired 
without further action by the Government of Israel.

    c. Freedom of Religion.--The Basic Law provides for religious 
freedom, and the PA generally respected this right in practice.
    The Basic Law states that Islam is the official religion and that 
the principles of Islamic law shall be the main source of legislation 
but also calls for respect and sanctity for other ``heavenly'' 
religions. Religion must be declared on identification papers and 
personal status legal matters must be handled in ecclesiastical courts.
    The PA's Ministry of Religious Endowments and Religious Affairs 
(Awqaf) constructed and maintained mosques and paid salaries of imams. 
Christian clergymen and charitable organizations received limited 
financial support. The PA did not provide financial support to any 
Jewish institutions or holy sites in the occupied territories; these 
areas were generally under Israeli control. The PA required that 
religion be taught in PA schools and provided separate instruction for 
Muslims and Christians.
    Due to the Hamas take over of the Gaza Strip, the PA was unable to 
pursue cases of religious discrimination there. Attacks on the 
Christian community in Gaza increased in 2007, and the press reported 
the Hamas regime did not arrest suspects in these attacks. There were 
numerous attacks in the Gaza Strip by Muslim extremist groups who went 
by variations of the name ``Swords of Right,'' ``Swords of Justice,'' 
and ``Swords of Islam.'' Some Gazan Christians stated that they 
believed they were under scrutiny for being different from their Muslim 
neighbors, and they raised concerns that no authority was willing or 
able to rein in extremist groups.
    There were multiple attacks on schools and institutions affiliated 
with the small Christian community in Hamal-controlled Gaza. On 
February 15, armed men broke into the YMCA compound in Gaza City and 
attacked the guards. They set off two bombs, including one in the 
library that damaged thousands of books. On February 21, armed 
militants forced their way into the Lighthouse Baptist School in Gaza 
City, assaulted a guard, and vandalized classrooms.
    On March 20, a 15-year-old boy from the West Bank settlement of 
Ariel was seriously wounded by shrapnel after explosion of a bomb that 
was concealed in a Purim gift basket in front of his home. The boy's 
father, a Messianic Jew, was previously the victim of a smear campaign 
by Orthodox Jews, who hung posters of his face with the caption 
``dangerous missionary.'' It was widely reported that the family was 
attacked because of their religious beliefs.
    On May 16, unknown assailants detonated a bomb outside a Christian 
school in Gaza City, causing no injuries. Hamas officials stated they 
were looking into the incident, and the case remained open at year's 
end. On May 31, unidentified militants again attacked the Lighthouse 
Baptist School in Gaza City, injuring a guard and stealing a bus from 
the Holy Book Association.
    There were no developments in the October 2007 cases of Rami Khader 
Ayyad, who was abducted and killed on his way home from work at the 
Baptist-affiliated Holy Bible Association in Gaza, or the arson at a 
synagogue near the settlement of Dolev in the West Bank.
    Israeli authorities generally respected religious freedom and 
permitted all faiths to operate schools and institutions; however, some 
increases in societal abuses and discrimination contributed to a slight 
decline in respect for religious freedom during the year. Israeli 
permit restrictions on entering Jerusalem prevented many Christian and 
Muslim worshipers from reaching holy sites in the city.
    Religious workers from Christian organizations in Jerusalem, the 
West Bank, and Gaza found it increasingly difficult to obtain or renew 
visas from the Israeli government. In October 2007 the Interior 
Ministry announced it had cancelled all reentry visas for Christian 
clergy in the occupied territories. Clergy who wished to return to or 
visit their parishes in the occupied territories were required to apply 
for new, single-entry visas at Israeli consulates abroad, a process 
that could take months.
    In October 2007 the Interior Ministry told the newspaper Ha'aretz 
that the unannounced mass visa revocation was conducted at the request 
of security officials, and that the ministry was ``trying to coordinate 
a means of operation that would make it easier for clergymen and women 
to travel.'' According to the President of the Holy Land Christian 
Ecumenical Association, quoted in an October 2007 Ha'aretz report, some 
clergy refused to leave the occupied territories, fearing that they 
would not be allowed to return, while others remained outside the 
country after being turned back by border officials while trying to 
return home. As in past years, the shortage of foreign clergy impeded 
the functioning of Christian congregations and other religious and 
educational institutions.
    The construction of the separation barrier by Israel, particularly 
in and around East Jerusalem, limited access to mosques, churches, and 
other holy sites, and seriously impeded the work of religious 
organizations; however, at times the Israeli government made efforts to 
lessen the impact on religious communities. For security reasons, the 
Israeli government frequently prevented nearly all West Bank 
Palestinians and most male Muslim worshippers with Jerusalem 
identification cards under a certain age (usually 45 or 50) from 
attending Friday prayers inside the Haram al-Sharif/Temple Mount, the 
third holiest site in Islam. Israeli authorities restricted many West 
Bank and virtually all Gaza residents from entering Jerusalem during 
Ramadan.
    Israeli police escorted tourists to the Haram al-Sharif/Temple 
Mount in Jerusalem, who reportedly wished to assert the right of non-
Muslims to visit. However, non-Muslims were not permitted to worship 
publicly at the shrine. The administration of the shrine accused 
Israeli police of permitting Jewish groups to worship publicly there.

    Societal Abuses and Discrimination.--Palestinian media frequently 
published and broadcast material that included anti-Semitic content. 
Rhetoric by Palestinian terrorist groups included expressions of anti-
Semitism, as did sermons by some Muslim religious leaders carried on 
the official PA television. Some Palestinian religious leaders rejected 
the right of Israel to exist. Hamas' al-Aqsa television station carried 
shows for preschoolers extolling hatred of Jews and suicide bombings.
    Israeli settler radio stations often depicted Arabs as subhuman and 
called for Palestinians to be expelled from the West Bank. Some of this 
rhetoric contained religious references.
    The PA Ministry of Education and Higher Education completed the 
revision of its primary and secondary textbooks in 2006 and began a 
process to consider further revisions. International academics 
concluded the textbooks did not incite violence against Jews, but 
showed imbalance, bias, and inaccuracy. There are cases where the maps 
in Palestinian textbooks do not depict the current political reality. 
Palestinian textbooks are inconsistent in defining the 1967 borders and 
labeling areas and cities with both Arabic and Hebrew names.
    On December 31, 2007, Israeli settlers from Elazar and Newe 
Daniyyel burned a 700-year-old mosque in Khirbet Humeida village near 
Bethlehem. There was no known investigation.
    For more detailed discussion, see the 2008 International Religious 
Freedom Report at www.state/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The Basic Law provides for freedom of 
movement, and the PA generally did not restrict freedom of movement.
    The IDF restricted the movement of Palestinians and frequently 
heightened these restrictions citing military necessity. These 
restrictions on movement affected virtually all aspects of life, 
including access to places of worship, employment, agricultural lands, 
schools, hospitals, and the conduct of journalism and NGO activities.
    The Israeli government continued construction of a separation 
barrier along parts of the Green Line (the 1949 Armistice line) and in 
the West Bank. As of September, 57.2 percent of the route of the 
separation barrier was completed, 8.6 percent was under construction, 
and 34.2 percent was not yet constructed. The route of the barrier 
separated approximately 9.5 percent of the West Bank, totaling 
approximately 135,000 acres, including East Jerusalem, from the rest of 
the West Bank. Areas near the barrier or its projected route are 
designated military zones where Palestinians were not able to obtain 
building permits.
    A 2004 International Court of Justice advisory opinion concluded 
that construction of the barrier was in a number of aspects contrary to 
international law. In 2005 the High Court reaffirmed its 2004 decision 
that the barrier is permissible under both international and Israeli 
law if properly routed; however, it questioned whether a segment near 
Jerusalem in the West Bank utilized the least intrusive route available 
and asked the Government to consider an alternative. The High Court has 
ordered the Government to reroute three specific sections of the 
barrier. At year's end the Government had not begun to implement the 
2005 ruling regarding the barrier near Alfe Menashe settlement or the 
September 2007 ruling regarding the portion near Bil'in village. In 
November work implementing the 2006 ruling on the routing near 'Azzun 
and Nebi Alias villages began.
    Palestinians filed a number of cases with the Israeli High Court 
challenging the route of the barrier, several of which remained active 
at year's end. In September 2007 the High Court ordered the IDF to 
redraw, partially dismantle, and rebuild the route of a 1.1 mile 
section of the barrier around Bil'in that separated Palestinian 
residents from much of their farmland. The High Court instructed the 
IDF to present a revised plan within a reasonable period of time and 
explicitly required a parcel of land belonging to the village allocated 
for expansion of the settlement of Modiin Ilit to be placed on the 
Palestinian side of the barrier. During the year two proposed 
reroutings were offered by the IDF, each of which was rejected for not 
meeting the requirements of the September 2007 court decision. At 
year's end following a December 15 ruling against the most recent 
proposal, the IDF was drafting a third draft revision to the routing of 
the existing barrier.
    During the year Israeli authorities required thousands of 
Palestinian schoolchildren who resided on the eastern side of the 
barrier to transit gated checkpoints to attend school in East 
Jerusalem. Students from Bir Nabala, which is surrounded by the 
barrier, were prohibited from crossing near their homes; instead, they 
were forced to take hour-long detours of seven to 10 miles to pass 
Rafat/Masyion and Qalandiya checkpoints to reach school.
    Near Jerusalem, Highway 443 crosses the West Bank southwest of 
Ramallah and since 2006 has been restricted by military order from use 
by nearly all Palestinians. On March 5, the Israeli High Court deferred 
a decision on the legality of Highway 443 until an update could be 
provided on the progress of an alternate road for use by Palestinians, 
effectively sanctioning the restrictions in place at the time. Human 
rights organizations said that land for Highway 443 had originally been 
expropriated for the purpose of improving transportation for 
Palestinians between Ramallah and outlying villages.
    In ``seal-zone'' communities in the West Bank, located between the 
separation barrier and the Green Line, Israel requires Palestinians to 
obtain residency permits to remain in their homes. Services for these 
communities are generally located on the east side of the separation 
barrier, so children, patients, and workers must pass through barrier 
gates to reach schools, health services, and workplaces. Gates are 
neither open around the clock nor are ambulances allowed free access.
    In the aftermath of terrorist attacks or during military exercises, 
Israeli authorities prohibited travel between some or all West Bank 
towns. Such ``internal closures'' were supplemented, during periods of 
potential unrest and during major Israeli, Jewish, and Muslim holidays, 
by ``comprehensive, external closures,'' which precluded Palestinians 
from leaving the West Bank. The IDF imposed temporary curfews confining 
Palestinians to their homes during arrest operations; the West Bank was 
under curfew a total of 873 hours in 2007.
    Since June 2007 Israel has enforced a strict blockade of Gaza, 
seriously impeding people and goods from entering or leaving. Virtually 
no humanitarian goods or fuel entered Gaza between November 5 and 
December 25 during a flare-up of hostilities between Israel and Hamas. 
Israel permitted additional humanitarian goods to enter Gaza 
immediately prior to and during IAF airstrikes that began on December 
27. The shortages of fuel caused by the closure resulted in widespread 
blackouts throughout Gaza and damaged electrical grid infrastructure. 
Israeli prohibition of access to Gaza beginning in early November for 
foreign journalists resulted in widespread protests by international 
news agencies. Israel also denied entry to Gaza to foreign staff of 
international NGOs working in Gaza from November 4 until the end of the 
year.
    In response to Qassam rocket fire, the IDF announced in 2005 that 
Palestinians should keep a distance of 460 feet from the Gaza perimeter 
fence and declared the former northern settlement block a ``no-go'' 
zone. Entry into this area for the 250 Palestinian residents requires 
prior coordination with the IDF. Although the official buffer remained 
460 feet, Palestinians were often prevented from approaching areas as 
far as 3,280 feet from the fence in some areas. According to OCHA, 
since May 2007, due to continuing IDF military activities, Palestinian 
farmers have been unable to reach their farms in the area.
    Access to Israel and Egypt for medical treatment by Gazans 
continued to be highly restricted. However, between February and March, 
several hundred medical patients were allowed to leave Gaza using 
shuttles. On August 4, Physicians for Human Rights reported that the 
ISA questioned patients transiting Erez checkpoint from Gaza and could 
refuse passage to persons refusing to provide intelligence information 
to ISA. Jerusalem-based ambulances were not permitted to serve 
Palestinian patients in nine communities located within the Jerusalem 
municipality but isolated by the separation barrier. PRCS ambulances 
from the West Bank were subjected to delays or refused entry to 
Jerusalem by IDF soldiers at checkpoints. PRCS employees reported being 
objects of verbal or physical abuse on 30 occasions through October.
    According to OCHA, as of September, in the West Bank there were 630 
obstacles to movement, including 75 fully manned checkpoints, 18 
occasionally manned checkpoints, 230 earth mounds, 68 cement 
roadblocks, 97 road gates, 46 earthen walls, 22 trenches, and 74 road 
protection fences. There were an additional 69 obstacles in the H2 area 
of Hebron not otherwise counted as staffed checkpoints which OCHA 
counted separately from the total number of obstacles. During the year 
of the 71 gates or checkpoints along the separation barrier, 40 were 
accessible only to Palestinians in possession of permits. Operating 
hours of the accessible gates were limited and although schedules were 
announced, openings and closings were erratic. Closure of major 
checkpoints was at times arbitrary and hindered Palestinians from 
reaching workplaces, school, places of worship, and health services.
    Between January and October, OCHA recorded 3,078 ``temporary'' 
checkpoints in the West Bank, a weekly average of 76.2, due to arrests 
or other operations. Over the same period Israeli forces made 3,341 
arrests.
    Israel continued to restrict access to the Jordan Valley by 
Palestinians residing in other areas of the West Bank. Highway 90, the 
main north-south highway in the Jordan Valley, was not explicitly 
restricted from use by Palestinians, but Palestinians not resident in 
the valley have been prohibited from driving cars across the four main 
access points since April 2007.
    Palestinians in the Israeli-controlled section of Hebron (H2), 
according to OCHA, faced 78 significant obstacles to movement. 
According to a November-December 2006 B'Tselem survey, these policies 
have since 2000 resulted in Palestinians abandoning more than 1,000 
homes (40 percent of all Palestinian homes) and at least 1,829 (more 
than 76 percent) businesses in H2.
    West Bank and Gaza residents can enter Jerusalem only with an 
Israeli-issued travel permit. During the year Israeli authorities 
prohibited passage between Gaza and the West Bank, except for a very 
limited number of Palestinians holding Israeli permits. During the 
month of Ramadan, only Palestinian men over 50 and women over 45 were 
permitted to enter Jerusalem without a permit. Palestinians under the 
age limit were required to obtain a permit.
    In December 2007 a court-ordered, IDF-operated shuttle service 
between Gaza and the West Bank ceased operating. The shuttle, started 
following the June 2007 closure of the Rafah crossing in Gaza, allowed 
students and holders of long-term visas, residency, or citizenship of a 
foreign country to leave Gaza. The shuttle system operated four times, 
and 550 people were allowed to leave, but after Israel declared Gaza a 
``hostile entity'' in September 2007, the shuttle service was 
discontinued. In response to a petition by the Israeli NGO Gisha (Legal 
Center for Freedom of Movement), the High Court in October 2007 ordered 
that it be renewed, and in December the shuttle service transported 484 
students and their families.
    In January the High Court petition filed by Gisha was withdrawn 
after all named petitioners either reached universities or had 
admissions to overseas universities cancelled. Gisha estimated that 
approximately 70 students were granted exit permission for foreign 
study on a cas.--b.--case basis during the year on the condition that 
diplomats from the countries of study escorted students while 
transiting Israel to and from Gaza.
    The IDF banned Gazan students from studying in the West Bank and 
limited West Bank Palestinians from university study in East Jerusalem 
and Israel (See Section 2.a.).
    The PA issued passports for Palestinians in the West Bank and Gaza. 
Because there were no commercial flights from the territories and 
permits to use Ben Gurion airport were not available, travelers 
departed by land into Jordan or Egypt. NGOs claimed that Israeli 
authorities harassed their representatives who landed at Ben Gurion 
airport. Foreign citizens of Palestinian ethnicity had difficulty 
obtaining or renewing visas permitting them to enter the West Bank and 
Israel both from Ben Gurion airport and land entry points.
    Palestinians with Jerusalem identification cards issued by the 
Israeli government needed special documents to travel abroad. Upon the 
individual request of Palestinians, the Jordanian government issued 
passports to Palestinians in the West Bank and East Jerusalem.
    Residency restrictions affected family reunification. Israeli 
authorities did not permit Palestinians who were abroad during the 1967 
War, or who subsequently lost residence permits, to reside permanently 
in the occupied territories. It was difficult for foreign-born spouses 
and children of Palestinians to obtain residency. Palestinian spouses 
of Jerusalem residents must obtain a residency permit and reported 
delays of several years. Palestinians in East Jerusalem also reported 
delays in registering newborn children. In September 2007 the High 
Court ordered reconsideration of the freeze on family unification in 
the West Bank. There were no further developments at year's end.
    The Basic Law prohibits forced exile, and the PA under President 
Abbas did not use forced exile in practice. Revocations of Jerusalem 
identification cards continued in recent years. B'tselem reported that 
1,363 were revoked in 2006. In 2007, the most recent year for which 
data were available, HaMoked stated that the Israeli Ministry of 
Interior recorded 289 revocations. Reasons for revocation include 
having acquired residency or citizenship in a third country, living 
abroad for more than seven years, or, most commonly, being unable to 
prove a ``center of life'' in Jerusalem.
    The Internal Displacement Monitoring Centre of the Norwegian 
Refugee Council, citing data gathered by Palestinian refugee-rights NGO 
BADIL in September 2007, estimated there have been more than 110,000 
internally displaced persons (IDPs) since 1967. The UN Relief and Works 
Agency (UNRWA) estimated that between January and March, at least 544 
individuals, including 159 children, were displaced as a result of 74 
residential structure demolitions in the occupied territories, almost 
exclusively in the West Bank. This internal displacement in the West 
Bank is primarily the result of actions by the Israeli government, 
including home demolitions, land expropriation, and revocation of 
Jerusalem residency rights.
    Internal displacement in Gaza was significant, resulting from 
damage to housing and flight from conflict areas during the IAF air 
strikes in the last five days of December. At year's end UNRWA 
estimated that 370 people were living in shelters in Gaza as a result 
of continuing Israeli military operations.
    With limited exceptions, Israel did not provide protection or 
assistance to IDPs in the occupied territories. Israel made available 
monetary compensation for land expropriations, which was generally 
refused by Palestinians. The PA provided some assistance through rental 
subsidies and financial assistance to reconstruct demolished houses. 
International response and assistance to internally displaced persons 
lacked coordination, and there was no single agency responsible for 
protection of IDPs during the year.
    Neither Israel nor the PA forcibly returned IDPs to their original 
residences under dangerous conditions during the year.
    UNRWA was not consistently permitted by the Israeli government to 
provide humanitarian assistance to refugee communities in Gaza and 
parts of the West Bank. UNWRA's mandate is to provide direct relief and 
services to registered Palestinian refugees, 70 percent (nearly one 
million) of Gaza's population and 30 percent (687,000) of the West 
Bank's population.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government

    Elections and Political Participation.--In 2006 the 132-member PLC 
was elected in a process that international observers concluded 
generally met democratic standards in providing citizens the right 
peacefully to change their government. The PLC did not meet during the 
year due to lack of a quorum (See Section 1.d.).
    The 2005 primary elections to determine Fatah candidates for the 
2006 PLC elections were marred by violence and allegations of fraud and 
were never completed in some areas. Israeli authorities restricted 
campaigning for the PLC elections in Jerusalem. Hamal-backed candidates 
participated in the 2006 PLC elections but only under the name ``Reform 
and Change Movement,'' not ``Hamas,'' and won 74 of 132 seats. Fatah 
won 45 seats; independents and candidates from third parties won the 
remaining seats.
    In 2005 Palestinians elected Mahmud Abbas as PA President. Seven 
candidates competed in a vigorous election campaign. In both the 2005 
Presidential election and the PLC election, the Israeli government and 
the PA followed the 1996 parameters for Palestinians residing in East 
Jerusalem to vote, but inadequate arrangements kept turnout in 
Jerusalem low.
    While Palestinians with residency permits were eligible to vote in 
Jerusalem municipal elections, most did not recognize Israeli 
jurisdiction in Jerusalem and did not participate. Turnout among 
Palestinians resident in Jerusalem was extremely low in November 
elections, and there continued to be no Palestinians on the Jerusalem 
City Council.
    There were 17 women in the 132-member PLC and three women in the 
16-member Cabinet formed in June. There were seven Christians in the 
PLC and two in the cabinet during the year.

    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, notably 
within the PA security forces and the Hamas Executive Force. Many 
social and political elements called for reform. PA ministers were 
subject to financial disclosure laws, and the PA attorney general's 
office is responsible for combating government corruption.
    The law requires official PA institutions to ``facilitate'' 
acquisition of requested documents or information to any Palestinian, 
but it does not require PA agencies to provide such information. 
Reasons for denial generally referred to privacy rights and security 
necessity.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Palestinian human rights groups and several international 
organizations monitored the PA's human rights practices. According to 
the PA Ministry of Interior, at year's end approximately 4,700 NGOs 
were registered and 1,700 were active in the West Bank. PA officials 
usually cooperated with and permitted visits during the year by UN 
representatives or other organizations such as ICRC; however, since the 
beginning of the Intifada, several NGOs voluntarily deferred criticism 
of the PA's human rights performance, and documentation of abuses was 
very limited. NGOs, however, criticized the PA's inadequate security 
performance.
    The GI and the civil police in the West Bank appointed liaisons 
with human rights groups.
    Israeli, Palestinian, and international NGOs monitored the Israeli 
government's practices in the occupied territories and published their 
findings, although the security situation, including closures in the 
West Bank and fighting and access restrictions in Gaza, increasingly 
made it difficult to carry out their work. The Israeli government 
permitted human rights groups to publish and hold press conferences and 
provided the ICRC and other groups with access to detainees.
    The IDF entered UNRWA facilities 14 times during the year, causing 
some damages, usually in the course of arrest operations in the West 
Bank. PA security forces in the West Bank entered UNRWA facilities 
twice. UNRWA recorded multiple incidents during the year of UN staff 
being harassed or having weapons pointed at them by IDF soldiers at 
checkpoints.
    The quasi-governmental ICHR serves as the PA's ombudsman and human 
rights commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law states that all Palestinians are equal without 
discrimination because of race, gender, color, religion, political 
views, or disability. There was societal discrimination against women, 
persons with disabilities, and homosexuals; child abuse also persisted.

    Women.--Rape is illegal, but its legal definition does not address 
spousal rape. PA law does not explicitly prohibit domestic violence, 
but assault and battery are crimes. According to HRW, few cases were 
successfully prosecuted. According to the Palestinian Central Bureau of 
Statistics, violence against wives, especially psychological, was 
common in the West Bank and Gaza. A woman must provide two eye 
witnesses, not relatives, to initiate divorce on the grounds of spousal 
abuse.
    In April the Palestinian NGO Society Voice Foundation released the 
results of a field study concluding that in the Gaza Strip 75 percent 
of women witnessed verbal, physical, sexual, or other types of 
violence, and 42 percent were victims of violence.
    According to the UN Children's Fund (UNICEF), conditions in Gaza 
were associated with increased levels of violence against women. In 
2007 two in five women in Gaza reported being victims of violence, up 
from one in five in 2006. There were a handful of NGO-funded women's 
shelters in the West Bank; there were no shelters in Gaza. Women 
generally approached village or religious leaders for assistance.
    The PA Ministry of Women's Affairs reported there were 51 honor 
killings from 2004 to 2007.
    Prostitution is illegal, and it was not openly practiced.
    Palestinian labor law states that work is the right of every 
capable citizen and regulates the work of women. However, during the 
year the rate of female participation in the workforce did not exceed 
14 percent compared to 67 percent for males. Women endured prejudice 
and repression. Cultural restrictions associated with marriage 
occasionally prevented women from completing mandatory schooling or 
attending college. Families often disowned Muslim and Christian women 
who married outside their faith. Local officials sometimes advised such 
women to leave their communities to prevent harassment.
    For Muslims, personal status law is derived from Shari'a (Islamic 
law). Shari'a pertaining to women is part of the governing 1976 
Jordanian Status Law, which includes inheritance and marriage laws. 
Women can inherit but not equally. Men may take more than one wife but 
rarely do. Women may make marriage contracts to protect their interests 
in divorce and child custody but rarely did so. Children often stayed 
with the mother; men paid child support and alimony. Ecclesiastical 
courts rule on personal status issues for Christians.

    Children.--Israel registers births of Palestinians in Jerusalem. 
The PA registers Palestinians born in the West Bank and Gaza, and 
Israel requires that the PA pass this information to the Israeli Civil 
Administration.
    According to the Jerusalem-based NGO Ir Amim, 48 new classrooms 
were built in East Jerusalem between 2001-06 after a 2001 Israeli High 
Court order that the municipality build 245 new classrooms within four 
years. On September 9, two additional schools containing a total of 46 
classrooms were inaugurated in the East Jerusalem neighborhood of Umm 
Lison. Ir Amim, citing a 2006 study by the Knesset Education Committee, 
stated that by 2010 the projected shortfall of classrooms in East 
Jerusalem would be 1,900.
    Child abuse was reported to be a widespread problem. A 2006 HRW 
study cited a Palestinian Central Bureau of Statistics survey 
indicating high levels of domestic violence, aggravated during times of 
political violence. There were no updated statistics during the year. 
The Basic Law prohibits violence against children; however, PA 
authorities rarely punished perpetrators of familial violence.
    International and domestic NGOs promoted educational, medical, and 
cultural services for children, and other groups specialized in the 
needs of children with disabilities.
    The IDF used minors as human shields; Palestinian terrorist groups 
used minors to conduct attacks, smuggle weapons, and act as human 
shields. OCHA reported that between January 1 and December 23, 71 
children were killed in Gaza by the IDF. Palestinian factional violence 
killed 15 children in Gaza over the same period. In the West Bank, 17 
children were killed, including 13 by the IDF, two by Israeli settlers, 
and one by Palestinians. Excluding the final week of the year in Gaza, 
a total of 618 children were injured in the West Bank and Gaza. The IDF 
and Israeli settlers were responsible for 99 percent of the 397 
injuries to children OCHA recorded in the West Bank (352 were reported 
as injured by the IDF and 41 by Israeli settlers).

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

    Persons With Disabilities.--The Basic Law states all Palestinians 
are equal without discrimination because of disability. Access to 
public facilities was not mandated. There was societal discrimination 
against Palestinians with disabilities. In 2005 the Health, 
Development, Information, and Policy Institute estimated 2,900 
Palestinians injured since 2001 would have permanent disabilities.
    Poor quality care for Palestinians with disabilities was a problem. 
The PA depended on NGOs to care for those with physical disabilities 
and offered substandard care for mental disabilities.

    Other Societal Abuses and Discrimination.--There was no legal 
discrimination against homosexuals. However, cultural and religious 
traditions reject homosexuality, and Palestinians alleged that PA 
security officers harassed, abused, and sometimes arrested homosexuals 
because of their sexual orientation.
    The PA Ministry of Health provided treatment and privacy 
protections for patients with HIV/AIDS; however, societal 
discrimination against affected individuals was high.
Section 6. Worker Rights
    a. The Right of Association.--The law permits workers to form and 
join independent unions of their choice and was respected in practice. 
Labor unions in Gaza continued to operate, despite a severely weakened 
economy during the year.
    The two most active unions were the General Union for Palestinian 
Workers and the Palestine General Federation of Trade Unions (PGFTU). 
The PGFTU was a member of the International Trade Union Confederation. 
Both were registered with the PA Ministry of Labor and Social Affairs.
    Workers in Jerusalem may establish unions but may not join West 
Bank federations; however, this restriction was not enforced. Workers 
holding Jerusalem identity cards may belong simultaneously to West Bank 
unions and the Israeli General Federation of Labor (Histadrut).
    Palestinians working in Israel or Jerusalem prior to 2000 were 
partial members of Histadrut and entitled to limited benefits. 
Histadrut and West Bank union officials negotiated an agreement in 1995 
to transfer half of their dues to the PGFTU. At year's end the PA 
Ministry of Labor and Social Affairs (MOLSA) reported that 20 percent 
of dues had been transferred.
    PA law provides for the right to strike. In practice, however, 
strikers had little protection from retribution. Prospective strikers 
must provide written warning two weeks in advance of the basis for the 
strike (four weeks in the case of public utilities), accept MOLSA 
arbitration, and are subject to disciplinary action if they reject the 
result. If MOLSA cannot resolve a dispute, it can be referred to a 
special committee and eventually to a court. Accordingly, in practice 
the right to strike remained questionable.
    PA employees organized three short-term strikes over salary payment 
issues against the PA during the year. The strikes pertained to the 
payment of salary arrears and teacher contracts in East Jerusalem 
schools. All these issues were resolved within a day or two of the 
strike.
    Individual offices within the PA ministries in Gaza conducted 
strikes and work stoppages against Hamal-led public offices in Gaza 
throughout the year. Public sector health care workers and teachers 
held extended strikes against Hamas for reported discrimination against 
non-Hamas affiliated PA employees. At year's end these types of strikes 
continued in Gaza with reduced rates of participation compared to 
earlier strikes.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law, and this law has been enforced in 
certain cases. However, there were reports that PA enforcement of 
collective bargaining rights for unions serving other than PA employees 
was limited in recent years. Collective bargaining agreements covered 
20 percent of workers. Antiunion discrimination and employer 
interference in union functions are illegal, and the Government 
enforced these prohibitions. Most unions in the West Bank and Gaza 
serve Palestinian Authority employees, and negotiations on labor issues 
occur between union leadership and the prime minister's office. Trade 
unions of non-PA employees have had good relations with the PA and have 
received PA permission to operate and negotiate on PA contracts. During 
the year the PA was more effective at protecting bargaining rights for 
unions of non-PA employees in the West Bank than in previous years.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law states that 
work is a right and that the PA will strive to provide it to any 
capable individual. MOLSA interpreted this statement to prohibit forced 
and compulsory labor, including by children. PA labor law prohibits 
forced or compulsory labor.
    d. Prohibition of Child Labor and Minimum Age of Employment
    The minimum employment age is 15, and there are special conditions 
for employment under 18. The law states that children shall not be 
allowed to perform work that might damage their safety, health, or 
education, and prohibits working at night, hard labor, and travel 
beyond their domicile. However, many underage children worked in family 
farms and shops, as street vendors, or in small enterprises. The UN 
estimated that during the year, 17,000 Palestinians worked in West Bank 
settlements and industrial areas, but it was unclear how many were 
minors.
    The PA had eight child labor inspectors for the West Bank and Gaza. 
MOLSA stated that Palestinian children working in Israeli settlements 
faced security problems, exploitation, and harassment since there was 
no enforceable law to monitor and protect child laborers, and there 
were no Israeli inspectors in West Bank settlements and industrial 
zones.

    e. Acceptable Conditions of Work.--There was no minimum wage. Prior 
to 2000, average wages for full-time workers provided a decent living 
standard; however, living standards dropped significantly over the past 
eight years due to increases in cost of living which outpaced salary 
increases.
    According to Palestinian Central Bureau of Statistics, the 
unemployment rate in the third quarter of the year was 36 percent in 
Gaza and 17 percent in the West Bank. In September the World Bank 
reported that two-thirds of Palestinians lived below the official 
poverty line and were unable to support themselves and their families 
without international assistance. In October OCHA reported that 88 
percent of the Gaza population lived in poverty and depended on 
international assistance.
    MOLSA reported that most employees work at least 50 hours each 
week; the maximum official work week is 48 hours. There were reports 
that PA employees were pressured to work additional hours to be 
promoted. The PA observed religious holidays, but they were not 
incorporated in labor law. Employers are required to allow Christians 
to attend church on Sunday if the employee desires. Some employers 
offered Christians the option of taking Sunday off, rather than Friday.
    Responding to a petition filed by the Israeli NGO Kav La Oved, the 
High Court in October 2007 ruled that Israeli labor laws apply to 
relations between Palestinian workers and Israeli employers in 
settlements and in the occupied territories. The ruling granted 
Palestinian workers the same rights and benefits as workers in Israel. 
On November 28, a Dutch NGO, United Civilians for Peace, reported that 
Palestinian workers in settlements continued to receive wages below the 
Israeli minimum wage and often worked extra hours without compensation.
    MOLSA was responsible for safety standards, but its enforcement 
ability was limited. The ministry stated new factories and workplaces 
met international health and safety standards, but older ones did not. 
Employees of small construction and service firms were at greatest risk 
for work place injuries, according to union officials. Unions 
complained that smaller worksites were not effectively monitored by the 
PA and were at times below legal standards for safety. Palestinians who 
work in Israel must contribute to the National Insurance Institute and 
are eligible for limited benefits.

                               __________

                                 JORDAN

    The Hashemite Kingdom of Jordan is a constitutional monarchy ruled 
by King Abdullah II bin Hussein. It has a population of approximately 
six million. The constitution concentrates executive and legislative 
authority in the King. The multiparty parliament consists of the 55-
member House of Notables (Majlis al-Ayan), appointed by the King. and a 
110-member elected lower house, the Chamber of Deputies (Majlis al-
Nuwwab). The November 2007 elections for the lower house of parliament 
by and large went smoothly; however, local observers alleged some 
irregularities. Authorities effectively controlled the security forces, 
but there were some instances in which domestic and international 
nongovernmental organizations (NGOs) accused members of the police and 
security forces of committing human rights abuses.
    The Government respected human rights in some areas, but its 
overall record continued to reflect problems. The Government restricted 
citizens' right to change their government. Domestic and international 
NGOs reported cases of torture, arbitrary arrest, prolonged detention, 
and the continuance of poor prison conditions. Impunity, denial of due 
process of law, and limited judicial independence remained problems. 
Infringements on citizens' privacy rights continued. The Government 
harassed religious activists and opposition political party members and 
restricted to varying degrees freedom of speech, press, assembly, 
association, and movement. Legal and societal discrimination existed 
against women, converts from Islam, and persons of Palestinian origin. 
Restrictions on labor rights and abuse of foreign domestic workers 
remained problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--In contrast with 
2007, there were no reports during the year that the Government or its 
agents committed arbitrary or unlawful killings. The Government 
completed investigations of allegations made in two 2007 deaths in 
police custody due to mistreatment.
    Two prison guards were sentenced to two and one-half years in 
prison with hard labor for the fatal May 2007 beating of Firas Zeidan 
in detention. The court also sentenced a third guard to two months for 
neglect in carrying out duties, found a fourth guard innocent, and 
removed and fined the prison director 120 dinars (approximately $168) 
for ordering Zeidan into solitary confinement without assessing his 
health. According to autopsy reports, Zeidan's lung collapsed and his 
body was covered with bruises and contusions.
    The medical and police investigations of the August 2007 death of 
Ala Abu Tair in Swaqa prison stated the cause of death was a heart 
attack. The Government removed the prison director after the autopsy 
revealed Tair's body was heavily bruised.

    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, but several domestic and 
international NGOs alleged torture and mistreatment of prisoners in 
police and security detention facilities. Article 208 of the penal code 
prohibits torture by public officials, including psychological harm, 
and provides penalties of up to three years' imprisonment, including 
hard labor if serious injury occurs. During the year there were no 
prosecutions of torture under this article.
    Although torture is illegal in the country, an October report by 
the NGO Human Rights Watch (HRW), ``Torture and Impunity in Jordan's 
Prisons,'' concluded that torture remained a widespread practice. 
Interviews with 66 prisoners in seven of the country's 10 prisons 
produced allegations of ill-treatment, which HRW concluded often 
amounted to torture. Common forms of torture detailed in the interviews 
were beatings with cables and sticks and suspension in metal cuffs for 
hours at a time. Political prisoners, including Islamists convicted of 
crimes against national security, reportedly received greater abuse 
than ordinary prisoners. The report also documented the severe lack of 
punishment and failure to investigate abusive guards.
    In a January 2007 report the UN special rapporteur on torture 
described police and security forces as practicing ``widespread'' 
torture based on ``consistent and credible allegations,'' which he 
stated were substantiated by forensic medical evidence. April and May 
2007 reports from the Arab Organization for Human Rights (AOHR) and 
Amnesty International (AI), respectively, alleged torture and ill-
treatment in government detention centers. The National Center for 
Human Rights' (NCHR) ``Fifth Report on Prison Conditions,'' released in 
December 2007, reported 45 complaints of mistreatment or torture at 
Public Security Directorate (PSD) prisons. In 2006 there were 46 
reported complaints, down from 70 the previous year and even higher 
numbers in years prior. The NCHR report recounted allegations of 
mistreatment and abuse in General Intelligence Directorate (GID) 
facilities, but it did not provide specific information on these 
complaints.
    According to press reports, some defendants before the State 
Security Court claimed they were tortured while in custody. Between 
September 2007 and May 2008 security forces allegedly tortured five men 
accused of monitoring military sites for Hamas, possessing firearms 
with illicit intent, obtaining information that would threaten national 
security, and recruiting people to join illegal operations. The men 
claimed that officers tortured them to obtain confessions. On January 
14, two men accused of exporting weapons to the West Bank and 
possessing illegal weapons claimed their confessions were also obtained 
through torture. At year's end the cases against the men were ongoing.
    On January 17, Nidal Momani, Tharwat Draz, and Sattam Zawahra 
repeated their May 2007 claims that they were beaten and 
psychologically pressured to confess to participating in plots to kill 
a foreign leader visiting the country in 2006. At year's end there were 
no new developments in their case.
    There was no update in the case of the two defendants who reported 
in March 2007 before the State Security Court that security forces 
tortured them to force confessions.
    At year's end there were no developments in the investigation of 
Ali Utoum's alleged August 2007 abduction and beating.
    A police court sentenced Majid al-Rawashda, the Swaga prison warden 
who reportedly ordered beatings of several hundred inmates in August 
2007, to two months' imprisonment and dismissed him from his position. 
The court exonerated 12 guards who participated in the beatings, 
stating that they were following orders. An NCHR investigation into the 
incident concluded that the inmates were beaten and ill-treated and 
that prison officials denied a large number of inmates access to 
medical care.

    Prison and Detention Center Conditions.--According to several 
international and local NGOs, prisons continued to be overcrowded and 
understaffed, with inadequate food and health care and limited 
visitation. Prison guards beat detainees, usually with impunity, and 
prison riots and hunger strikes were common. However, prison health 
care somewhat improved, according to an August 12 International 
Committee of the Red Cross (ICRC) report.
    On April 14, Muwaggar prison inmates Firas al-'Utti, Hazim Ziyada, 
and Ibrahim al-'Ulayan burned to death during a riot. According to NCHR 
and HRW, mistreatment and beatings of inmates by some police officers 
led to the riot. As confirmed by the Government, approximately 28 
prisoners set fire to their mattresses, and prisoners in adjoining 
cells joined in the protest and shouted and inflicted harm on 
themselves with sharp objects. Prison guards entered the prison 
building to secure the burning cell, but they reported being unable to 
open the doors because the prisoners had allegedly barricaded them with 
beds. One eyewitness said that the guards did nothing for 10 minutes 
despite cries from the prisoners inside the burning cell to open the 
doors. The NCHR asserted that the doors of the cell opened out, 
allowing them to be opened regardless of any barricade inside. 
According to eyewitnesses, when the fire was almost extinguished, the 
guards opened the doors and beat those who exited, then pushed 18 
people back into the cell, including the three whose bodies were later 
found. After relocking the cell door, a second, much bigger fire 
started. HRW claimed that eyewitnesses to the killings were held in 
solitary confinement and lawyers, family members, and human rights 
investigators were not allowed to speak with them. The PSD 
investigation committee tasked with investigating the riots referred 23 
inmates to the judiciary on charges of ``causing damage to public 
property.'' The guards on duty did not face charges or punishment.
    On April 15, according to the NCHR, dozens of inmates were injured 
during a riot in Swaqa prison that the Government claimed was started 
by inmates out of solidarity with the rioters in Muwaqqar prison.
    On July 7, according to the NCHR, 14 inmates at Jweideh prison went 
on a week-long hunger strike over visitation scheduling and harassment 
during transportation to court hearings.
    The Government generally held men, women, and juveniles in separate 
prison and detention facilities. The GID held some persons detained on 
national security grounds in separate detention facilities but 
conditions for such prisoners reportedly did not differ significantly.
    The Government permitted local and international human rights 
observers to visit prisons and to conduct private interviews in 
prisons. During the year the ICRC visited prisoners and detainees in 
all prisons, including those held by the GID and the military 
intelligence directorate, according to standard ICRC modalities. In 
February the NCHR opened a permanent human rights office in Swaqa 
prison, as directed by the King. to investigate and handle complaints 
by inmates. The NCHR also continued routine and unannounced prison 
inspections during the year; however, after it released a report on the 
April Muwaqqar riot that was critical of the Government response, 
authorities closed the NCHR office in Swaqa prison and restricted 
prison inspections for several months.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, according to local and international 
human rights groups, the Government did not always observe these 
prohibitions in practice. The law provides that citizens are subject to 
arrest, trial, and punishment for the defamation of heads of state or 
public officials and dissemination of ``false or exaggerated 
information outside the country that attacks state dignity.''
    Some human rights groups continued to voice concern over the 2006 
Prevention of Terrorism Act, complaining that its definition of 
terrorism might lead nonviolent critics of the Government to be 
arrested or detained indefinitely under the provisions of the act. 
However, the Government had yet to make use of the act at year's end.

    Role of the Police and Security Apparatus.--The PSD controls 
general police functions. The PSD, GID, and military share 
responsibility for maintaining internal security. The PSD reports to 
the interior minister with direct access to the King when necessary, 
and the GID in practice reports directly to the King. Security and 
policing activities were effective.
    During the year citizens made allegations of corruption and abuse 
against both the PSD and GID. In 2007 citizens filed 625 complaints 
against PSD personnel. The PSD's preventative security office 
investigated officers' performance and reported incidents of poor 
officer performance to the PSD director's office. Citizens may file 
complaints of police abuse or corruption to one of the PSD's eight 
offices of complaints and human rights. Although allegations of torture 
and ill-treatment were widespread according to numerous credible 
observers, including the UN special rapporteur on torture, the low 
number of prosecutions for such crimes indicated PSD impunity was 
common. The GID's mechanisms for investigating complaints of abuses and 
the number of complaints against the GID were not made public.
    New PSD officers received special instruction on preventing 
corruption and human rights abuses.

    Arrest and Detention.--The law allows suspects to be detained for 
up to 48 hours without a warrant in most cases. Human rights observers 
claimed that police continued to make arrests prior to obtaining 
warrants. The criminal code requires that police notify legal 
authorities within 48 hours of an arrest and that legal authorities 
file formal charges within 10 days of an arrest; however, local NGOs 
have stated courts routinely granted requests from prosecutors for 15-
day extensions, as provided by law. This practice generally extended 
pretrial detention for protracted periods. Bail is allowed under the 
penal code and used. Some detainees reported not being allowed prompt 
access to a lawyer, but authorities generally permitted visitation by 
family members. There were allegations of incommunicado detention, 
particularly in GID facilities.
    The State Security Court gives the judicial police, charged with 
conducting criminal investigations, authority to arrest and keep 
persons in custody for a period of seven days when necessary in any 
crime under the jurisdiction of the court, which includes many 
misdemeanors. In cases purportedly involving state security, the 
security forces arrested and detained citizens without warrants or 
judicial review, held defendants in lengthy pretrial detention without 
informing them of the charges against them, and did not allow 
defendants to meet with their lawyers, at times until shortly before 
trial. Defendants before the State Security Court usually met with 
their attorneys only one or two days before their trial. Several 
inmates were in detention without charge at year's end.
    Local governors have the authority to invoke the Crime Prevention 
Law, which allows them to place individuals in administrative detention 
(prison) or under house arrest for up to one year without formally 
charging them. The NCHR objected to the number of administrative 
detentions, noting that 12,178 persons were detained in 2007.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary. In practice the judiciary's independence was 
compromised due to allegations of nepotism and the influence of special 
interests. The Judicial Council, a committee led by the President of 
the Court of Cassation, is comprised of other high-ranking judges from 
various courts and the Ministry of Justice (MOJ). This council approves 
judicial appointments after the initial nominations by the MOJ and 
assigns and evaluates judges. The Judicial Council lacks the internal 
capacity to manage judicial administrative and financial matters that 
would ensure its independence.
    The judicial system consists of civil, criminal, commercial, 
security, and religious courts. Most criminal cases are tried in 
civilian courts, which include the Court of Appeal; the High Court of 
Justice, convened for specific cases; and the Court of Cassation, the 
highest court. The State Security Court, headed by two military 
officers and one civilian as judges, has jurisdiction over offenses by 
civilians and military personnel against the state and drug-related 
crimes. From January through September the State Security Court heard 
1,840 cases, of which 1,450 were adjudicated. The religious courts are 
subdivided into Shari'a (Islamic law) courts and tribunals for non-
Muslims. Shari'a courts have jurisdiction over all matters relating to 
the personal status of Muslims, including marriage, divorce, and 
inheritance. Christian courts have jurisdiction over marriage and 
divorce cases among Christians, but Shari'a is applied in inheritance 
cases.

    Trial Procedures.--The law provides that all civilian court trials, 
including state security court trials, are open to the public unless 
the court determines otherwise. Juries were not used. Defendants were 
presumed innocent and entitled to legal counsel, which the Government 
provided for the indigent. Defendants could present witnesses on their 
behalf, question witnesses presented against them, and appeal verdicts. 
All citizens were accorded these rights. Appeals were automatic for 
cases involving the death penalty. In the State Security Court, 
defendants convicted of felonies had the right to appeal their 
sentences to the Court of Cassation, which is authorized to review 
issues of both fact and law. Civil, criminal, and commercial courts 
accord equal weight to the testimony of men and women; however, in 
Shari'a courts the testimony of two women was equal to that of a man in 
most circumstances. Defense attorneys were guaranteed access to 
government-held evidence relevant to their clients' cases.

    Political Prisoners and Detainees.--There were reports by citizens 
and NGOs that the Government continued to detain individuals, including 
political opposition members and journalists, allegedly for political 
reasons, and that governors continued to use administrative detentions 
for what appeared to be political reasons. In a few cases reported in 
the media or by human rights organizations, detainees were kept in 
solitary confinement and denied access to lawyers.
    In December 2007 police arrested Hassan Abu-Shawer, a 19 year-old 
student, and charged him with ``fueling national discord and 
dishonoring the national flag'' during a protest by the Islamic Action 
Front (IAF), the political wing of the Muslim Brotherhood. Authorities 
released Abu-Shawer in June on a 3,000-dinar (approximately $4,200) 
bond. At year's end there were no developments in his case.
    At year's end there was no update in the reported arrest and 
detention since June 2007 of three IAF members in Zarqa or the arrest 
and detention since September 2007 of two IAF members in Aqaba.

    Civil Judicial Procedures and Remedies.--There is an independent 
judiciary in civil matters, and individuals may bring lawsuits related 
to human rights violations and did so during the year. The High Court 
of Justice hears administrative complaints. The courts are open to all 
residents. Courts also have jurisdiction over any person in a civil or 
criminal matter, including in lawsuits where the Government is a 
plaintiff or a defendant.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary interference in private 
matters; however, in practice the Government did not respect this 
prohibition. Citizens widely believed that security officers monitored 
telephone conversations and Internet communication and read private 
correspondence, and that the Government engaged in limited surveillance 
without a court order of persons deemed a threat to national security. 
The law requires that security forces obtain a warrant from the 
prosecutor general or a judge before conducting searches or otherwise 
interfering with these rights. In an April 2007 report, the AOHR 
alleged that the Government conducted late night raids on homes and 
made arbitrary arrests between the hours of 7 p.m. and 7 a.m.
    Some political and religious activists reported that the GID 
withheld certificates of good behavior required for job applications or 
to open a business and threatened not to allow activists and their 
children to graduate from university.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and press; however, the Government imposed some 
restrictions on these rights. 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 of up to 28,000 dinars ($70,000) led to 
self-censorship.
    Citizens generally were able to criticize the Government, although 
they exercised caution in regard to the King. the royal family, the 
GID, and many other topics deemed sensitive, such as religion.
    On December 15, authorities prevented Gamal Eid, executive director 
of the Arabic Network for Human Rights Information, from entering 
Jordan, detained him for six hours at the airport, and deported him 
back to Cairo. Eid claims that these actions were taken by security 
officials due to his criticisms of freedom of expression in Jordan at a 
2006 conference in Amman.
    On November 2, authorities released Ahmad Abbadi; he had completed 
a two-year prison term for ``undermining the country's reputation'' 
based on a letter he posted online accusing senior officials of 
corruption and criticizing the Government's respect for human rights.
    The Government continued to limit the freedom of the press. Media 
contacts reported that the Government influenced the appointment of 
editor-in-chief at some major publications, whether directly by virtue 
of officials' positions on the boards of directors of government-
affiliated publications or indirectly through undisclosed contacts. 
When covering controversial subjects, government-owned Jordan 
Television reported only the Government's position. International 
satellite television and Israeli and Syrian television broadcasts were 
available and unrestricted. The law provides foreign media operations 
freedom of expression.
    During the year there were reported instances of arrest and 
government harassment of journalists and other writers based on their 
work.
    For example, on October 19, authorities arrested poet and Al Arab 
Al Yawm reporter Islam Samhan and charged him with slandering Islam for 
incorporating verses of the Koran and prophets in his book of love 
poetry, which was perceived to contain sexual themes. On October 24, 
authorities released Samhan on a 1,000 dinar ($1,400) bail, but at 
year's end he faced up to three years in jail and/or a 20,000 dinar 
($28,000) fine.
    On August 17, the conciliation court acquitted Khalid Khawaja of 
contempt of a public employee. Khawaja, a reporter with the leading 
government-owned Arabic newspaper Al-Rai, was arrested for allegedly 
assaulting a police officer while he was covering the distribution of 
meat to underprivileged citizens in Ain Al-Basha in February 2007. 
Khawaja had previously filed a complaint against three police officers 
he claimed beat him.
    Journalists claimed that the Government used informants in the 
newsrooms and de facto censors at printing presses to review articles 
and reject language considered objectionable by the Government. 
According to a 2006 Committee to Protect Journalists report, 
authorities pressured printers to delay publication of several 
newspapers until editors agreed to remove critical articles. Editors 
reportedly received telephone calls from security officials instructing 
them how to cover events. The annual report by the Ammal-based National 
Center for Defending the Freedom of Journalists (CDFJ) stated that the 
Government used detention and prosecution or the threat of prosecution 
to intimidate journalists into practicing self-censorship.
    On March 12, the online news outlet Ammoun News posted a commentary 
article by veteran journalist Randa Habib that allegedly attacked a 
senior government official. The commentary article was removed from the 
Web site within an hour. It was posted again the following week. 
Subsequently, the Web site encountered technical difficulties that 
prevented most viewers within the country from accessing it.
    The law forbids insulting the King. slandering the Government or 
foreign leaders, offending religious beliefs, and stirring sectarian 
strife and sedition. The Government prosecuted and convicted 
journalists for such crimes during the year. The punishment for 
defamation of the King or royal family is three years in prison. 
According to CDFJ, there are more than 50 such cases against 
journalists pending before the Amman Court of First Instance.
    On March 13, the Court of First Instance sentenced two editors and 
three reporters from the leading newspapers of Al-Dustour, Al-Arab Al-
Yawm, and Al-Rai to three months in jail for contempt of court and 
defamation. Four of the journalists were indicted after the Higher 
Judicial Council filed a complaint for publishing commentary on a 
ruling it passed. The fifth journalist was indicted for defamation 
after criticizing a government official on the Internet. The five were 
released pending appeals, which were ongoing at year's end.
    On October 28, police arrested and detained El-Ekhbariya editor-in-
chief Fayez Al-Ajrashi for five days in Al-Juweida prison before 
releasing him on a 3,000 dinar ($4,200) bail. At year's end he faced 
criminal charges of ``inflaming sectarian strife'' and ``sowing 
national discord'' under the penal code before a military court and 
libel charges before a civil court. Ajrashi alleged both complaints 
were linked to his articles criticizing Amman governor Sa'ad Al-
Manaseer's record and exposing cases of corruption.
    The Government continued to enforce bans on the publication of 
selected books for religious, moral, and political reasons. Some 
foreign films were edited prior to release.

    Internet Freedom.--The Government controlled access to certain 
Internet content, and citizens and activists widely assumed that the 
Government monitored electronic correspondence and Internet chat sites. 
According to 2007 International Telecommunications Union data, there 
were approximately 225,000 subscribers and 1.3 million users in the 
country. The Government blocked access to some Web sites during the 
year.
    In March the Ministry of Interior (MOI) issued instructions for 
monitoring Internet cafes for reasons of security, including the 
installation of cameras in Internet cafes to monitor users. The new 
measures require cafe owners to register users' personal data, hand 
over data about Web sites explored by users, and prevent access to 
questionable Web sites, as defined by the MOI.

    Academic Freedom and Cultural Events.--The Government placed 
limitations on academic freedom. Members of the academic community 
claimed that there was an ongoing intelligence presence in academic 
institutions, including the monitoring of academic conferences and 
lectures. Some academics alleged they received threats of dismissal.
    On June 2, the IAF director sent a letter to the prime minister 
complaining about the Government's regular harassment of university 
professors and their students. The letter claimed that university 
security and officials routinely detained and questioned students and 
limited academic freedom.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
the Government restricted this right.
    On July 31, an amended Public Gatherings Law was enacted. It 
stipulates that organizations do not need approval to hold routine 
internal meetings and activities but that routine public meetings, 
including workshops and trainings, still require approval. Governors 
are not required to provide a legal reason for denial of permission to 
hold an event, and there is no standard in the law for what constitutes 
an impermissible public gathering. If an organization fails to apply 
for permission for an event, its members face imprisonment from one to 
six months and a fine of up to 3,000 dinars ($4,200). The response 
period was shortened from 72 to 48 hours, and if the governor does not 
issue a response within 48 hours, applicants are entitled to hold the 
event without legal liability.
    Several civil society organizations and political parties accused 
the Government of being stringent in issuing permits for public 
gatherings based on political factors rather than security concerns. 
Governors sometimes denied requests for peaceful demonstrations, 
political seminars, and civil society gatherings. In some cases, the 
Government granted approval at the last moment, making it difficult for 
organizers to plan events.
    On at least four occasions during the year, governors rejected Al-
Urdun Al-Jadid Research Center's requests for meetings and conferences, 
including a seminar on economic issues.
    On April 12 and on September 8, the Amman governor reportedly 
denied the IAF permission to stage a protest against the arrest of 
Egyptian Muslim Brotherhood members and a sit-in against Egyptian 
policy towards Gaza, respectively, both to be held in front of the 
Egyptian embassy. On November 14, the Al-Zarqa governor reportedly 
denied the IAF permission to hold a speech rally.
    On June 4, the Balga governor rejected the bar association's 
request to hold a symposium focused on the constitutionality of a 
controversial casino deal.
    There were no updates regarding the 20 IAF supporters imprisoned 
during a licensed protest in December 2007.

    Freedom of Association.--The constitution provides for the right of 
association; however, the Government limited this freedom in practice. 
The law prohibits the use of associations for the benefit of any 
political organization.
    The parliament passed and the King signed, on September 17, a new 
law governing associations that imposes numerous additional legal 
restrictions on associations and gives the Government broader powers to 
intervene in associations' internal affairs. Civil society leaders 
expressed concern at many of the law's requirements, including 
increased government oversight and prior approval to receive foreign 
funding, as many have long depended on international sources for day-
to-day operational costs.
    The new law centralizes the registry of civil society in the 
Ministry of Social Development and gives the ministry the right to 
reject registration applications for any reason. The law introduces 
significant new oversight powers to the Government over civil society 
and increases the Government's engagement in any association's internal 
affairs. It gives the ministry significant controls over the internal 
management of associations, including the ability to dissolve 
associations; appoint new boards of directors; send two government 
representatives to any board meeting; prevent two associations from 
merging their operations; and appoint an auditor to examine an 
association's finances for any reason. The law also requires 
associations to inform the ministry of board meetings, submit all board 
decisions to the ministry for approval, disclose members' names, and 
obtain MOI security clearances for board members. The law includes 
severe penalties, including fines up to 10,000 dinars ($14,000) and/or 
three months in jail per violation.
    International and domestic NGOs have strongly criticized this new 
law, which they allege will make it almost impossible for any NGO to 
maintain its independence.

    c. Freedom of Religion.--The constitution provides for freedom to 
practice the rites of one's religion, provided that religious practices 
are consistent with ``public order and morality"; however, the 
constitution also restricts freedom of religion in stipulating that 
Islamic law, which forbids the conversion of Muslims to another 
religion, governs Muslim citizens' personal status. The Government also 
continued to impose some restrictions on religious freedom in practice.
    The state religion is Islam, which effectively restricted others' 
rights, especially in terms of family law. For official recognition, 
the Government required Christian denominations to have citizens among 
their constituency and to be recognized by the Middle East Council of 
Churches. Christian religious leaders stated that the MOI also conducts 
background investigations of church leaders. The Government did not 
recognize the Jehovah's Witnesses, the Church of Christ, the Church of 
Jesus Christ of Latter-day Saints, or the Druze, but each of these 
denominations conducted most religious services and activities without 
interference. The Government did not recognize or permit Baha'is to 
hold religious councils, did not recognize marriages by the Baha'i 
Assembly, and did not permit Baha'is to register properties or 
endowments in the name of the Baha'i community. The Government 
continued to stigmatize the Baha'is by recording ``dashes'' in the 
religion field of their national identity cards and categorized Druze 
as Muslims on these documents. Atheists must associate themselves with 
a recognized religion for official identification purposes.
    In December 2007 the Government required MOI approval for old and 
existing places of worship, after which several Christian churches 
reported being ordered to close. Representatives of a few evangelical 
churches reported that the MOI ordered landlords who previously rented 
them properties for church services and offices not to renew those 
leases.
    There are no restrictions on collective worship as long as worship 
practices do not violate the law; however, several religious workers 
and pastors stated that authorities prevented them from conducting 
meetings or conferences during the year in hotels or public venues on 
security grounds.
    Public schools provide mandatory religious instruction for all 
Muslim students during which Christian students are allowed to leave 
the classroom. Christian students in private and public schools must 
learn verses from the Koran and Islamic poetry in Arabic and social 
studies classes in preparation for mid-year and end-of-year exams. The 
constitution provides that congregations have the right to establish 
schools for the education of their own communities, ``provided that 
they comply with the general provisions of the law and are subject to 
government control in matters relating to their curriculums and 
orientation.''
    Conversion to Islam is allowed; however, a Muslim may not convert 
to another religion. Such converts may lose their inheritance, 
children, spouse, and civil rights. Several converts reported being 
called in by the GID for repeated interrogations.
    Neither the constitution nor the law explicitly prohibits 
proselytizing; however, the Government restricted efforts to 
proselytize Muslims. During the year the Government deported, detained, 
or refused residency renewal to approximately 30 Christian pastors and 
other religious activists after questioning them about their religious 
activities with Muslims or converts. Four religious activists were 
later permitted to reenter the country.
    The Government monitors sermons at mosques and requires that 
preachers refrain from commentary that could, in its view, instigate 
social or political unrest. Christian activists reported that the GID 
regularly called them in for questioning regarding their congregation's 
membership, proselytizing of Muslims, and alleged distribution of 
Christian literature. Some Christian churchgoers reported the presence 
of security police at the church door requesting to see identity cards.

    Societal Abuses and Discrimination.--Muslims who converted to other 
religions reportedly faced societal discrimination, threats, and abuse 
from their families and Muslim religious leaders. Families usually 
strongly discouraged interfaith romantic relationships, at times 
ostracizing or, in some cases, committing violence against the couple.
    Baha'is also faced societal discrimination, and Iraqi Mandeans 
residing in the country complained that individuals who did not 
understand their faith sometimes interfered in their baptismal rituals.
    Following a February 4 public statement issued by the Council of 
Church Leaders in Jordan that accused evangelicals of being 
``illegitimate'' and of creating sectarian strife, some articles 
critical of evangelicals appeared in the press, which contributed to an 
acrimonious public climate.
    Anti-Semitism in the media was present, and editorial cartoons, 
articles, and opinion pieces sometimes depicted negative images of Jews 
without government response. Aside from expatriates, there was no 
resident Jewish community in the country.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    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, there were some restrictions. The Government 
generally cooperated with the office of the UN High Commissioner for 
Refugees (UNHCR), the UN Relief and Works Agency for Palestine Refugees 
in the Near East (UNRWA), and other humanitarian organizations in 
assisting refugees and asylum seekers.
    The law requires that all minors obtain written permission from 
their father to apply for a passport. Consular officers and activists 
encountered cases of mothers who reported that they were prevented from 
departing with their children because authorities enforced requests 
from fathers to prevent their children from leaving the country. The 
GID sometimes withheld passports from citizens for alleged security 
reasons.
    Citizens receive passports that are valid for five years. Some 
persons of Palestinian origin living in the country were citizens and 
received passports; however, the Government reported that there were 
approximately 130,000 Palestinian refugees, mostly of Gazan origin, who 
did not qualify for citizenship. Approximately half received two-year 
passports valid for travel but which do not connote citizenship. West 
Bank residents without other travel documentation are eligible to 
receive five-year passports that do not connote citizenship.
    Numerous human rights activists continued to charge that the 
Government did not consistently apply citizenship laws, especially in 
cases in which passports were taken from citizens of Palestinian 
origin. The Government maintained this policy was in line with its 
efforts to implement the Government's disengagement from its former 
claims to the West Bank. However, activists complained that the process 
was not transparent and that the MOI appeal process was virtually 
nonexistent. Claimants reported that appeals were not resolved to their 
satisfaction. The Government asserted that all cases it closed involved 
persons without valid claims to citizenship or travel documents.
    Human rights activists claimed that approximately 10,000 to 12,000 
former residents of Palestinian origin remained outside the country, 
and that the Government refused to renew their passports at embassies 
overseas.
    The law prohibits internal and external forced exile, and the 
Government did not use forced exile in practice.

    Protection of Refugees.--The country is not a party to the 1951 UN 
Convention relating to the Status of Refugees or its 1967 protocol and 
does not have any national legislation pertaining to the status and 
treatment of refugees. The Government respected the UNHCR's eligibility 
determinations regarding asylum seekers, including those who entered 
the country clandestinely. A 1998 memorandum of understanding between 
the Government and the UNHCR contains the definition of a refugee, 
confirms the principle of nonrefoulement, and allows recognized 
refugees a maximum stay of six months during which period a durable 
solution must be found. The Government provided protection against the 
expulsion or forced return of refugees to countries where their lives 
or freedom would be threatened.
    The UNRWA and the Government continued to provide basic services, 
such as limited health, education, and social services, to Palestinian 
refugees during the year. At year's end approximately 1.9 million 
Palestinian refugees were registered with UNRWA.
    The Government granted nationality to approximately 700,000 persons 
displaced from former Jordanian territories during the 1967 war. An 
additional 120,000 persons displaced during the 1967 war held temporary 
residency permits. An additional 200,000 Palestinian refugees were also 
estimated to be living in the country without any direct assistance.
    The Government generally recognized UNHCR's requests to grant 
temporary protection for all Iraqi asylum seekers, including new 
arrivals, rejected cases, and recognized refugees whose cases had been 
suspended by resettlement countries. In May the Government began 
requiring Iraqis to obtain visas before entering the country. According 
to a May 2007 survey by Norwegian research institute Fafo, an estimated 
450,000 to 500,000 Iraqis were living in the country. At year's end the 
Government was still using this figure in most of its assessments, 
although some NGOs suggested that the number could be significantly 
lower. As of November 30, 54,516 Iraqis had registered with UNHCR as 
refugees or asylum seekers, and most received legal and material 
assistance from UNHCR and other international and nongovernmental 
humanitarian organizations. The Government provided education and 
health care services to Iraqis and tolerated the prolonged stay of many 
Iraqis beyond the expiration of the visit permits under which they 
entered the country.
    The Government did not permit Iraqi refugees to work, except under 
existing agreements for certain professional fields. Civil society 
organizations and religious leaders stated that this restriction led to 
impoverishment of some refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens the right to change their 
government peacefully. Citizens have no legal authority to replace the 
King. They participate in the political system through their elected 
representatives in the lower house of parliament; however, the King may 
use his discretion to appoint and dismiss the prime minister, cabinet, 
and upper house of parliament; dissolve or extend parliament; and 
establish public policy. The cabinet, based on prime minister's 
recommendation, appoints the mayors of Amman, Wadi Musa (Petra), and 
Aqaba, a special economic zone. The mayors of the other 93 
municipalities are elected.
    After appointment by the King. a prime minister is required to 
submit his cabinet to a parliamentary vote of confidence, if there is a 
seated parliament. Executive power is vested in the King (or, in his 
absence, the regent), who exercises his power through his ministers in 
accordance with the provisions of the constitution.
    The King proposes and dismisses extraordinary sessions of 
parliament and may postpone regular sessions for up to 60 days. If the 
Government amends or enacts a law when parliament is not in session, it 
must submit the law to parliament for consideration during the next 
session; however, such ``provisional'' laws do not expire and, while 
technically subject to action by parliament when it returns to session, 
in practice remain in force without legislative approval.

    Elections and Political Participation.--In July 2007 nationwide 
multiparty municipal elections were held. Domestic civil society 
organizations and the opposition IAF alleged a number of election 
irregularities, including exploiting armed forces personnel to vote en 
masse for progovernment candidates. There were no local or 
international observers present.
    In November 2007 multiparty parliamentary elections were held. The 
Government permitted 150 local observers under the umbrella of the NCHR 
to monitor the elections and granted them full access inside polling 
stations. The NCHR and other local observers alleged a number of 
irregularities, including vote buying, multiple voting, and transfer of 
votes.
    The Government routinely licensed political parties and other 
associations but prohibited membership in unlicensed political parties. 
The High Court of Justice may dissolve a party if it violates the 
constitution or the law. A 2007 Political Parties Law stipulated that a 
political party must have a minimum of 500 founding members from five 
governorates, causing 17 of the 36 existing parties to dissolve 
themselves or became legally defunct in 2007. The law also created a 
mechanism for public financing of political parties. Opposition 
parties, including dissolved parties, complained that the law was 
unconstitutional and obstructed political dynamism. Political parties, 
NGOs, and independent candidates found the registration requirements, 
restrictions, and processes to be onerous and costly. Additionally, 
parties criticized the GID's new annual screening process of founding 
members. However, NGOs and political analysts largely agreed that the 
law did not fundamentally change the political system, citing the 
historic lack of support for political parties and the fact that only 
small parties with few members were dissolved.
    The electoral law leads to significant underrepresentation in urban 
areas. For instance, Amman's second district has more than 200,000 
constituents and was granted four representatives, while Karak's sixth 
district has approximately 7,000 constituents and was granted three 
representatives. Analysts considered electoral districting unfair, 
claiming it was intended to reduce the representation of areas heavily 
populated by citizens of Palestinian origin and because of a lack of 
balance between the population and the number of seats per district. 
The law allows voters to choose one candidate in multiple-seat 
districts. In the largely tribal society, citizens tended to cast their 
vote for members of the same tribe.
    Citizens of Palestinian origin, estimated to be more than half of 
the total population, are underrepresented at all levels of government.
    The election law reserves nine lower house seats for Christians and 
three for either the Circassian or Chechen ethnic minorities. No seats 
were reserved for the relatively small Druze population, but they were 
permitted to hold office under their government classification as 
Muslims. The law also stipulates that the non-Christian and Circassian/
Chechen seats must be held by Muslims. In November 2007 King Abdullah 
appointed four Christians to serve in the upper house. Christians 
served regularly as cabinet ministers. The Government traditionally 
reserves some positions in the upper levels of the military for 
Christians (4 percent); however, Muslims held all senior command 
positions.
    Women have the right to vote. Seven women serve in the Senate, 
seven in the Chamber of Deputies (six seats are reserved for them), 
four in the cabinet, and one as governor. The law provides a 20 percent 
quota for women in municipal council seats. The MOJ established a 
minimum membership quota of 15 percent for women in the Judicial 
Institute of Jordan; such membership is a prerequisite to becoming a 
judge.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government increased 
investigations of alleged corruption; however, there were few 
convictions for corruption during the year, raising criticisms that 
officials enjoyed impunity. The use of family, business, and other 
personal connections to advance personal business interests was 
widespread; allegations of lack of transparency in government 
procurement and dispute settlement remained.
    On June 1, the Audit Bureau released its annual report to the 
public, which noted that the bureau prosecuted 48 cases of violations 
of handling public money totaling 1.06 million dinars (approximately 
$1.5 million). Judgments were issued in 16 of the cases, and the 
Government reclaimed approximately 43,000 dinars ($61,000). The 
remaining cases were pending further court action or were in settlement 
talks at year's end.
    On June 3, the Anticorruption Commission announced that it referred 
its first 21 cases to the courts for prosecution. The cases dealt with 
fraud, misuse of public office, forgery, bribery, and embezzlement and 
reportedly resulted from over 200 complaints that were investigated. 
Some commentators questioned the commission's independence and 
effectiveness. In 2007 two members of the commission resigned over 
allegations of corruption. Individuals who submit baseless claims to 
the commission may be subject to civil and criminal prosecution.
    The law requires certain government officials to declare their 
assets privately to be reviewed by the chief justice in the event of a 
complaint. On May 16, three days after a one-month grace period for 
reporting ended, the Government stated that 2,863 of 3,600 officials 
had complied with the law. Subsequently, 246 officials complied after 
receiving court notices and 150 of the remaining cases were forwarded 
to prosecutors for legal action. Under the law, a failure to submit 
disclosures could result in prison from a week to three years or fines 
from five to 200 dinars ($7 to $280). At year's end officials failing 
to submit a disclosure had not been punished.
    The law provides for public access to government information once 
it becomes a matter of legal record but allows requests to be denied 
for reasons of ``national security, public health, and personal 
freedoms.'' Journalists criticized the law, claiming that it permits 
the Government to deny requests without justification. In a Higher 
Media Council survey released on July 21, nearly half of the 
journalists surveyed reported difficulty accessing information or had 
requests denied outright.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operated with some 
restrictions, publicly investigating and reporting allegations of human 
rights abuses throughout the year; however, the organizations often 
claimed that the Government did not rectify the problems they 
identified. Major local human rights observers included the government-
funded NCHR and several independent organizations: the MIZAN Law Group 
for Human Rights, the Amman Centre for Human Rights Studies, the AOHR, 
the CDFJ, and the Adaleh Center for Human Rights Studies. The new law 
on associations introduces new oversight powers to the Government over 
civil society and increases the Government's role in any association's 
internal affairs.
    The Government generally cooperated with international NGOs, the 
UN, and other international governmental organizations; however, some 
observers said they were unable to meet with security detainees held 
incommunicado.
    The Government provided the NCHR most of its funding, which other 
local human rights groups complained unduly influenced the 
organization; however, the NCHR's reporting was regarded as objective 
and critical. The NCHR commissioner general and chairman of the board 
are appointed based on the prime minister's recommendation. On March 
23, the NCHR issued its fourth annual report on the state of human 
rights in 2007, highlighting as negative developments the Crime 
Prevention Law; excessive use of administrative detention; withdrawal 
of Jordanian passports and ID cards; regression of workers' rights, 
especially those of migrant domestic workers; recession in democratic 
and political development as evidenced by both the municipal and 
parliamentary elections; and worsening conditions of child labor.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution does not prohibit discrimination on the basis of 
race, disability, language, or social status; however, the law 
prohibits some types of discrimination. The law treats women unequally, 
and minorities faced discrimination in employment, housing, and other 
areas.

    Women.--Violence and abuse against women continued, including 
widespread domestic violence, numerous honor crimes, and spousal rape. 
In rural areas violence against women was reported more frequently than 
in major cities; however, women's rights activists speculated that many 
incidents in cities went unreported.
    The law stipulates a sentence of not less than ten years' 
imprisonment with hard labor for rape of a girl or woman 15 years of 
age or older. Spousal rape is not illegal. The PSD Family Protection 
Unit (FPU) treated and investigated 507 cases of sexual assault from 
January until August 31.
    Women may file a complaint in court against their spouses for 
physical abuse; however, in practice familial and societal pressures 
discouraged them from seeking legal remedies. From January to August 
31, the FPU forwarded 539 complaints of domestic violence for 
prosecution. Spousal abuse is technically grounds for divorce, but 
husbands may seek to claim religious authority to strike their wives. 
In January the Chamber of Deputies endorsed the Family Protection Law, 
which gave the FPU jurisdiction to handle cases of domestic violence 
and included protection order provisions with penalties of up to six 
months in prison.
    Cultural norms continued to discourage victims of domestic violence 
from seeking medical or legal assistance. The government-run shelter, 
Dar al-Wafaq, assisted approximately 500 victims of domestic abuse and 
provides reconciliation and counseling services to victims and their 
families. The FPU domestic violence hotline received 2,307 calls during 
the year. The NGO Jordanian Women's Union also maintained a telephone 
hotline for victims of domestic violence and sheltered abuse victims.
    During the year authorities prosecuted 16 reported instances of 
honor crimes that resulted in death of the victim, although activists 
reported that numerous additional unreported cases likely occurred. A 
November 2007 UN Development Fund for Women study stated that 25 
percent of honor crime victims in the country were killed merely 
because of their suspected involvement in an illicit relationship, 
while 15 percent were killed after such a relationship was allegedly 
proven. Although maximum sentences for first- and second-degree murder 
were death and 15 years' imprisonment, respectively, the court usually 
found perpetrators of honor killings guilty of a ``crime of passion,'' 
which merited a maximum sentence of three years. While defendants were 
almost universally found guilty, they often received token sentences of 
no more than six months.
    After the King's November 9 call for harsher punishments for 
individuals convicted of harming women and children, two men in 
separate cases received prison sentences of seven and one-half years 
for honor-related crimes. No legislative changes were made, however, in 
line with these comments, and there was no indication that the King's 
view had been incorporated into long-term judicial policy. On December 
1, a criminal court sentenced the men, both of whom said they murdered 
their female relatives for tainting their family's honor. In one case, 
a man shot his niece in August 2007 because she refused to divorce a 
man she had sex with before they were married. In the other case, the 
man strangled his 16-year-old sister in January because she disappeared 
for three days after a quarrel with her husband and refused to tell her 
brother where she had been.
    On March 7, a man reportedly shot and killed his 23-year-old sister 
after he found her walking in a forested area at 1 a.m. with a 
houseguest in Azraq. The criminal prosecutor charged the brother on 
March 10 with premeditated murder and two others in complicity with the 
murder. The case was ongoing at year's end.
    The case of the man who shot and killed his daughter in 2007 after 
forcing her to undergo an abortion for a pregnancy out of wedlock was 
ongoing at year's end.
    The police regularly placed potential victims of honor crimes in 
involuntary protective custody in Jweideh Correctional and 
Rehabilitation Center, a detention facility where some have remained 
for more than 20 years. A human rights organization estimated that at 
year's end more than 20 women were in protective custody. One NGO 
continued to work with the Government to provide a temporary but 
unofficial shelter where the women could live in relative anonymity as 
an alternate to protective custody.
    Prostitution is illegal, but it occurred.
    According to the law, sexual harassment is strictly prohibited. The 
law does not make a distinction between sexual assault and sexual 
harassment; both carry a minimum prison sentence of four years with 
hard labor. Women's groups state that harassment is common but that 
victims are often hesitant to file a complaint and rarely do so.
    Women experienced legal discrimination in pension and social 
security benefits, inheritance, divorce, ability to travel, child 
custody, citizenship, and in certain limited circumstances, the value 
of their Shari'a court testimony.
    Under Shari'a as applied in the country, female heirs receive half 
the amount that male heirs receive, and non-Muslim widows of Muslim 
spouses have no inheritance rights. A sole female heir receives half of 
her parents' estate; the balance goes to designated male relatives. A 
sole male heir inherits both of his parents' property. Male Muslim 
heirs have the duty to provide for all family members who need 
assistance. The existing temporary divorce law allows women to seek 
divorces and retain their financial rights only under specific 
circumstances, such as spousal abuse. In these cases the woman has the 
burden of proof. Special courts for each denomination adjudicate 
marriage and divorce matters for Christians.
    The Government provided men with more generous social security 
benefits than women. The Government continued pension payments of 
deceased male civil servants but discontinued payments of deceased 
female civil servants to their heirs. Laws and regulations governing 
health insurance for civil servants do not permit women to extend their 
health insurance coverage to dependents or spouses. However, divorced 
and widowed women may extend coverage to their children.
    Women activists complain that the law granting women equal pay for 
equal work was not consistently enforced. Many women stated that 
traditional social pressures discouraged them from pursuing 
professional careers, especially after marriage. During the year the 
unemployment rate for women was 23.6 percent, compared to 12 percent 
for the country as a whole.
    The law states that women have the right to obtain passports 
without the written permission of their husbands, although in practice 
the husband's permission is often required. Married women do not have 
the legal right to transmit citizenship to their children; however, 
female citizens married to noncitizen men can pass citizenship to their 
children upon the permission of the Council of Ministers. In practice 
this permission was usually granted, except in cases where the father 
was of Palestinian origin. Women may not petition for citizenship for 
their noncitizen husbands. The husbands themselves must apply for 
citizenship after fulfilling a requirement of 15 years of continuous 
residency. Once the husbands have obtained citizenship, they may apply 
to transmit citizenship to their children. However, in practice such an 
application may take years, and in many cases citizenship may be denied 
to the husband and children. Such children become stateless and, if 
they do not hold legal residency, lose the right to attend public 
school or seek other government services.

    Children.--Education is compulsory from ages six through 16 and 
free until age 18; however, no legislation exists to enforce the law or 
punish guardians for violating it.
    During the year authorities received and investigated complaints of 
physical abuse and sexual abuse of children. The law specifies 
punishment for abuses against children; for example, conviction for 
rape of a child less than 15 years of age potentially carries the death 
penalty. The current minimum age for marriage is 18 years. However, 
with the consent of a judge and a guardian, children as young as 15, in 
most cases girls, may be married. The National Council for Family 
Affairs' July report stated that current legislation does not provide 
sufficient protection from abuse to women or children, specifically 
citing the legal authorization for parents to discipline their children 
using force. The Government continued to fund a child protection center 
that provided temporary shelter, medical care, and rehabilitation for 
abused children age six to 12. From January to August 31, the FPU 
handled 353 cases of child abuse, of which 320 were sexual assaults.
    In January the Chamber of Deputies endorsed the Family Protection 
Law, which covers violence against children and gave the FPU 
jurisdiction over child abuse cases.

    Trafficking in Persons.--The law does not specifically prohibit all 
forms of trafficking in persons, but the Government prohibits 
trafficking in children. Other statutes governing kidnapping, assault, 
rape, and fraud may be used to prosecute trafficking offenses, 
including withholding of passports and non-payment of wages. 
International and local observers assess that the trafficking of 
domestic workers remains a serious problem.
    The country was a destination and transit point for men and women 
from South and Southeast Asia trafficked for forced labor, as well as a 
destination for women from Eastern Europe and Morocco for prostitution. 
Women from countries including Sri Lanka, Indonesia, and the 
Philippines migrated to work as domestic servants, but some were 
subjected to conditions of forced labor, such as withholding of 
passports, restrictions on movement, non-payment of wages, threats, and 
physical or sexual abuse. Some Chinese, Bangladeshi, Indian, Sri 
Lankan, and Vietnamese men and women encountered conditions similar to 
forced labor in some factories in Qualifying Industrial Zones (QIZs), 
including unlawful withholding of passports, nonpayment of wages and 
overtime, and physical abuse. However, reports of forced labor 
conditions in QIZs substantially decreased from previous years. Foreign 
workers in the QIZs and domestic workers were generally recruited by 
registered recruitment agencies that worked with agencies in source 
countries.
    Authorities may utilize laws prohibiting slavery, kidnapping, 
withholding of passports, and other crimes to prosecute offenders, with 
penalties of up to three years' imprisonment. As of October 31, the 
Government investigated and forwarded 19 cases for prosecution 
involving forced labor offenses. In July the Government amended the 
labor law to extend protections over domestic and agriculture laborers; 
however, at year's end implementing regulations had not been enacted. A 
separate amendment added penalties for forced labor and sexual assault 
of employees, including a fine of up to 1,000 dinars ($1,400) for 
threatening or coercing a person to work, including withholding 
passports.
    The Government provided no formal protective services for victims 
of trafficking; however, a few local NGOs and embassies offered limited 
services. Some foreign workers who fled from abusive employers or faced 
sexual assault were falsely charged with crimes by their employer or 
put into ``protective custody.'' To varying degrees, source country 
embassies operated their own shelters for domestic workers fleeing 
their employers. In July the Ministry of Labor (MOL) created a 
humanitarian and legal assistance fund to assist migrant workers, 
especially victims of trafficking.
    The MOL continued antitrafficking efforts, including participation 
in a forced labor and trafficking awareness campaign in QIZs, 
distribution of a guidebook for domestic workers on their rights, and 
operation of a multilanguage abuse prevention hotline.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law provides equal rights to 
persons with disabilities, who numbered around 200,000, according to 
government estimates, although UN estimates placed the number closer to 
500,000. Access to education and other services in rural areas for 
persons with disabilities was widely reported by citizens and NGOs as a 
problem. The Special Buildings Code Department is tasked to enforce 
accessibility provisions and oversees retrofitting of existing 
buildings to comply with building codes; however, many private and 
public office buildings continued to have limited or no access for 
persons with disabilities.
    The law mandates that public and private sector establishments 
between 25 and 50 workers employ one disabled person, and 
establishments over 50 workers must reserve 4 percent of their 
positions for persons with disabilities; however, the NCHR received 
some complaints from disabled persons regarding employers who 
discriminated against them on the grounds of disability. High 
unemployment restricted job opportunities for persons with 
disabilities. The Government provided monetary assistance to citizens 
with severe mental and multiple physical disabilities whose families 
earned less than 250 dinars ($350) per month.

    National/Ethnic/Racial Minorities.--There were three groups of 
Palestinians residing in the country, many of whom faced some 
discrimination. Those who migrated to the country and the Jordal-
controlled West Bank after the 1948 Arab-Israeli war were given full 
citizenship, as were those who migrated to the country after the 1967 
war and hold no residency entitlement in the West Bank. Those still 
residing in the West Bank after 1967 were no longer eligible to claim 
full citizenship but were allowed to obtain temporary passports without 
national numbers, provided they did not also carry a Palestinian 
Authority travel document. Refugees who fled Gaza after 1967 were not 
entitled to citizenship and were issued temporary passports without 
national numbers.
    Several human rights activists maintained that despite the codified 
passport issuance procedures, MOI employees revoked national numbers of 
many citizens of Palestinian origin. Individuals claimed that their 
temporary passports were confiscated after spending time in the West 
Bank. Palestinians were underrepresented in parliament and appointments 
to many senior positions in the Government and the military, as well as 
in admittance to public universities, and had limited access to 
university scholarships.
    During the year there were reports of societal discrimination 
against Iraqis living in the country. Some employers reportedly refused 
to pay or underpaid Iraqis working illegally, and some landlords 
reportedly would not rent or sell to Iraqis.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against homosexuals existed. There were reports of individuals leaving 
the country out of fear they would be harmed by their family for being 
homosexual.
    On October 23, security forces arrested for ``lewd acts'' four 
homosexuals in a park in West Amman following a set-up by the police. 
Amman governor Sa'ad Al-Manaseer placed them in solitary confinement in 
Jweidah prison without bail. They were released after guaranteeing they 
would not carry out any such acts in the future.
    HIV/AIDS was a largely taboo subject, and public awareness was 
limited. Many citizens assumed the disease was a problem exclusively of 
foreigners due to government requirements that foreigners be tested for 
HIV annually. Foreigners who tested HIV positive were deported.
Section 6. Worker Rights
    a. The Right of Association.--The law provides citizens working in 
the private sector, in some government-owned companies, and in certain 
professions in the public sector the right to form and join unions, and 
in practice this right was respected. According to official figures, 
more than 10 percent of the workforce was organized into 17 unions. The 
law limits membership to citizens, effectively excluding the country's 
more than 200,000 registered foreign workers from union membership. 
Some unions represented the interests of foreign workers informally; 
for instance, the textile union provided medical and legal services to 
migrant workers in textile factories in addition to citizens.
    Government involvement in union activities continued to occur. For 
example, the Government required unions to register and to be members 
of the General Federation of Jordanian Trade Unions (GFJTU), the sole 
trade union federation. The Government subsidized and audited the 
GFJTU's salaries and activities, and it monitored union elections in 
the event of a complaint to ensure compliance with the law. In recent 
election cycles, when the number of candidates exceeded the number of 
seats, the Government allegedly persuaded some candidates to withdraw.
    Workers have the right to strike under certain conditions. The law 
mandates that workers must give the employer and government, at a 
minimum, 14 days' notice of a strike. Strikes are prohibited if a labor 
dispute is under mediation or arbitration.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain collectively, and in practice the Government respected 
this right. The constitution prohibits antiunion discrimination, and 
the MOL received no complaints of antiunion discrimination during the 
year.
    Nearly 75 percent of the workers in the QIZs were noncitizens and 
thus were not permitted to form or participate in unions or to engage 
in collective bargaining.

    c. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, except in a state of emergency 
such as war or natural disaster; however, there were reports of forced 
labor, particularly of domestic workers and foreign workers in QIZs, 
during the year (See Section 5). In July the labor law was amended to 
include fines for practices related to forced labor, including 
withholding of passports, ranging from 500 to 1,000 dinars ($700 to 
$1,400). The law does not specifically prohibit forced or compulsory 
labor by children, and such practices were known to occur.
    During the year allegations of forced labor decreased substantially 
due to more rigorous MOL inspections. The MOL regularly investigated 
such allegations, required violators to pay fines when appropriate, 
publicized the outcomes of their findings, and forwarded 19 cases 
related to trafficking of QIZ or domestic workers to the courts for 
criminal prosecution.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor law forbids employment for children under the age of 16, except 
as apprentices; however, there were reports of child labor. Children 
worked as street vendors, carpenters, blacksmiths, and painters in 
Amman, Zarqa, and Irbid, and in agriculture throughout the country. In 
April the NCHR estimated there were approximately 50,000 working 
children between the ages of five and 17 in the country.
    Children under the age of 18 may not work for more than six hours 
continuously between the hours of 8 p.m. and 6 a.m., or during 
weekends, religious celebrations, or national holidays. Children under 
18 may not work in hazardous occupations. The law provides that 
employers who hire a child under the age of 16 must pay a fine of up to 
500 dinars (approximately $700), which is doubled if the offense is 
repeated.
    A 2007 MOL study estimated that 13 percent of working children in 
the country were subject to forced labor and 16 percent earn 50 dinars 
($70) or less per month. The study stated that heavy machinery, noise 
pollution, poor lighting, and exposure to chemicals were common risks 
faced by working children.
    The MOL's Child Labor Unit coordinates government action regarding 
child labor and is tasked to receive, investigate, and address child 
labor complaints; however, no complaints had been received by year's 
end, as Article 77 of the Labor Law, which sets penalties regarding the 
illegal recruitment of children, was not enforced. The Government 
provided limited training on child labor, including identification, to 
the 140 MOL inspectors responsible for enforcing the relevant laws. 
Labor inspectors have issued fines for child labor violations but state 
they often attempt alternative approaches first, such as removal from 
hazardous conditions or attendance in nonformal education.

    e. Acceptable Conditions of Work.--The national minimum wage was 
110 dinars ($154) per month, which did not provide a decent standard of 
living for a worker and family. MOL inspectors enforced the minimum 
wage but due to limited resources were unable to ensure full 
compliance.
    In some cases, the law requires overtime pay for hours worked in 
excess of the 48-hour standard workweek. Compulsory overtime is 
prohibited, but the law allows the employer to require the employee to 
work more than 48 hours a week for specific purposes such as carrying 
out annual inventory, closing accounts, preparing to sell goods at 
discounted prices, avoiding loss to goods that would otherwise be 
exposed to damage, and receiving special deliveries. In such cases, the 
actual working hours may not exceed 10 hours per day, the employee must 
be paid overtime, and the period may not last more than 30 days. 
Employees were entitled to one day off per week.
    The law specifies a number of health and safety requirements for 
workers, which the MOL is authorized to enforce. Workers do not have a 
statutory right to remove themselves from hazardous conditions without 
risking the loss of their jobs. Foreign workers were more susceptible 
to dangerous or unfair conditions. Some foreign workers suffered from 
abusive labor practices in factories, although allegations decreased 
substantially following more rigorous inspection efforts. MOL 
inspections identified problems at certain factories regarding delayed 
or non-payment of wages, excessive or forced overtime, withholding 
identity or travel documents, non-contractual deductions for food and 
shelter, and physical abuse of workers. In such cases, MOL issued 
warnings and fines and closed some factories.
    Abuse of foreign domestic servants reportedly continued, although 
it was not thoroughly documented. Employers allegedly routinely limited 
their domestic employees' freedom of movement, failed to pay full 
wages, did not allow them a day off, imposed isolation and excessively 
long working hours, and often confiscated identity or travel documents. 
In July the MOL created a fund to provide support to victims of labor 
abuses. The fund may be used to provide humanitarian assistance and to 
pay the legal fees for victims filing criminal or libel cases against 
their employers. In September the fund paid for the repatriations of 38 
Bangladeshi workers when their factory closed without notice.

                               __________

                                 KUWAIT

    Kuwait is a constitutional, hereditary Emirate ruled by the Al-
Sabah family with a population of 3.39 million, of which 1.3 million 
are citizens. Although there were reports of vote buying by the 
Government and certain candidates in the May 17 parliamentary election, 
local observers and the press considered the election generally free 
and fair. Civilian authorities generally maintained effective control 
of the security forces.
    The Government limited citizens' right to change their government 
and form political parties. There were reports that security forces 
abused prisoners and detainees, and the Government did not make public 
any investigations or prosecutions of perpetrators. The Government 
limited freedoms of speech, press, religion, and movement for certain 
groups. Government corruption and trafficking in persons remained 
problems. The status of stateless Arab residents (called ``Bidoon'') 
remained unresolved. Women did not enjoy equal rights, and expatriate 
workers faced difficult conditions in the domestic and unskilled 
service sectors.
                        respect for human 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 two 2006 cases of nonnationals 
who died in police custody.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other cruel, inhuman, or 
degrading treatment or punishment; however, some police and members of 
the security forces reportedly abused detainees during the year. Police 
and security forces were more likely to inflict such abuse on 
noncitizens, particularly non-Gulf Arabs and Asians, and there were 
several reported accounts of police abuse of transgendered persons. The 
Government stated that it investigated all allegations of abuse and 
punished at least some of the offenders; however, in most cases the 
Government did not make public either the findings of its 
investigations or any punishments it imposed.
    On March 14, according to Human Rights Watch, police arrested two 
transgendered persons at a checkpoint, made them take off their men's 
hats and jackets, and hit them on their faces as they stood in their 
female clothing. Authorities allegedly held them for five days and 
shaved their heads before releasing them.
    On July 28, security officials allegedly abused hundreds of 
Bangladeshi workers on strike. Security officials reportedly imprisoned 
and beat the workers for five days before forcibly deporting them to 
Bangladesh.
    There were no further developments in the December 2007 cases of 
reported physical and psychological abuse of five transgendered women 
in Tahla prison. However, after they reported abuse by other inmates, 
the director of the prison separated them from the general population.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions varied. Some were poor, with inadequate sanitation 
and lack of sufficient medical staff. Authorities reportedly mistreated 
prisoners and failed to prevent inmate-to-inmate violence.
    A new men's prison building that met all international standards 
opened in 2006, reducing previously severe overcrowding.
    On September 30, the parliamentary Human Rights Committee reported 
that Talha Prison was no longer suitable for inmates and stressed the 
need to renovate the dilapidated building.
    The Government permitted visits by independent human rights 
observers. During the year the International Committee of the Red Cross 
carried out several visits to the Central Prison, both the men's and 
women's wards. It also visited temporary jails at police stations. The 
local nongovernmental organization (NGO) Kuwait Human Rights Society 
(KHRS) visited the women's ward at the Central Prison during the year, 
in addition to several temporary jails at police stations.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions, although police sometimes arbitrarily arrested 
nonnationals.

    Role of the Police and Security Apparatus.--The police have sole 
responsibility for the enforcement of laws not related to national 
security. Kuwait State Security oversees intelligence and national 
security-related matters. Both are under the purview of civilian MOI 
authorities. The military is responsible for external security.
    The police were generally effective in carrying out core 
responsibilities; however, there were frequent reports of corruption, 
especially when one party to a dispute had a personal relationship with 
a police official involved in a case. There were also reports that some 
police stations did not take the requests of complainants, especially 
foreigners, seriously and obstructed their access to the justice 
system.
    In cases of alleged police abuse, the district chief investigator 
examines abuse allegations and refers worthy cases to the courts for 
trial. Unlike in the past, no security officials were relieved of their 
duties as a result of credible allegations of abuse of detainees during 
interrogation.

    Arrest and Detention.--Police officers generally must obtain an 
arrest warrant from state prosecutors or a judge before making an 
arrest, except in cases of hot pursuit. There were credible reports of 
police arresting and detaining foreigners without a warrant during the 
year. However, the courts generally do not accept cases without 
warrants issued prior to arrests. According to the penal code, 
suspected criminals may be held at a police station for up to four days 
without charge, during which authorities may prevent lawyers and family 
members from visiting them. In such cases lawyers are permitted to 
attend legal proceedings but are not allowed to have direct contact 
with their clients. If charges are filed, prosecutors may remand a 
suspect to detention for an additional 21 days. Prosecutors also may 
obtain court orders for further detention pending trial. There is a 
functioning bail system for defendants awaiting trial. The bar 
association provided lawyers for indigent defendants.
    Of the approximately 3,500 persons serving sentences or detained 
pending trial, approximately 150 were held in the ``state security 
ward'' on security grounds, including some held for collaborating with 
Iraq during the 1990-91 occupation. Arbitrarily lengthy detention 
before trial was a problem, and approximately 10 percent of the prison 
population consisted of pretrial detainees.
    During the year foreigners at the deportation facility in Shuwaikh 
were incarcerated, on average, between 10 days and two months awaiting 
deportation. Some were held there for much longer periods, often due to 
delays in the court system or bureaucracy.

    Amnesty.--On February 28, the Emir issued an amnesty that freed 380 
prisoners, reduced sentences for 703 prisoners, and canceled 
deportation orders for 127 foreigners.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary and the right to a fair trial and states that 
``judges shall not be subject to any authority"; however, the Emir 
appoints all judges, and the renewal of judicial appointments is 
subject to government approval. Judges who are citizens have lifetime 
appointments; however, many judges are noncitizens who hold one- to 
three-year renewable contracts. The Ministry of Justice (MOJ) may 
remove judges for cause but rarely does so. Foreign residents involved 
in legal disputes with citizens frequently claimed that the courts 
showed bias in favor of citizens.
    The secular court system tries both civil and criminal cases, all 
of which originate with the Court of First Instance, composed of a 
three-judge panel. Both defendants and plaintiffs may appeal a verdict 
to the High Court of Appeals, with a three-judge panel, which may rule 
on whether the law was applied properly as well as on the guilt or 
innocence of the defendant. These decisions may be presented to the 
Court of Cassation, where five judges review the cases to determine 
only whether the law was applied properly. The Emir has the 
constitutional authority to pardon or commute all sentences.
    Sunni and Shia Shari'a (Islamic law) courts have jurisdiction over 
family law cases for Muslims. Secular courts allow anyone to testify 
and consider male and female testimony equally; however, in the family 
courts the testimony of a man is equal to that of two women.
    The Constitutional Court, whose members are senior judges from the 
civil judiciary, has the authority to issue binding rulings concerning 
the constitutionality of laws and regulations and also rules on 
election disputes.
    The martial court convenes in the event the Emir declares martial 
law. The law does not specifically provide for a military court or 
provide any guidelines for how such a court would operate. The military 
operates tribunals that can impose punishments for offenses within the 
military.

    Trial Procedures.--By law criminal trials are public unless a court 
or the Government decides that ``maintenance of public order'' or 
``preservation of public morals'' necessitates closed proceedings. 
There is no trial by jury. Defendants enjoy a presumption of innocence 
and have the right to confront their accusers and appeal verdicts. 
Defendants in felony cases are required by law to be represented in 
court by legal counsel, which the courts provide in criminal cases. The 
bar association is obligated upon court request to appoint an attorney 
without charge for indigent defendants in civil, commercial, and 
criminal cases, and defendants utilized these services. Defendants and 
their attorneys generally have access to government-held evidence 
relevant to their cases. The law affords these protections to all 
citizens.

    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, 
enforcement of rulings was a significant problem. Administrative 
punishments, such as travel bans, are also available in civil matters.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides for individual privacy and the 
sanctity of the home, and the Government generally respected these 
rights in practice. Security forces occasionally monitored individuals' 
private communications and activities.
    The law forbids marriage between Muslim women and non-Muslim men 
and requires male citizens serving in the military to obtain government 
approval to marry foreign nationals. In practice the Government offered 
only nonbinding advice in such matters.
    When a Bidoon resident applies for citizenship, the Government 
considers security or criminal violations committed by his or her 
family members as a barrier to that resident getting citizenship.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and the press ``in accordance with the conditions and 
in the circumstances defined by law.'' In practice the Government 
sometimes did not respect these rights. Journalists and publishers 
practiced self-censorship.
    Individuals were able to criticize the Government freely in private 
and informal gatherings and in public gatherings as long as they did 
not attack Islam, the Emir, or the crown prince. Pointed criticism of 
ministers and other high-ranking government officials was widespread, 
and individuals were not subjected to punishments as a result.
    The country had 14 Arabic and three English-language daily 
newspapers, all of which were privately owned. Print media generally 
exhibited independence and diversity of opinion, although there were 
reports that they practiced self-censorship at timesin order to avoid 
unnecessary conflict with the Government. The Government continued its 
September 2007 ban on the import and circulation of several Egyptian 
newspapers. The Government owned nine local radio and four television 
stations, and there were 11 privately owned television stations. A 
private satellite television news channel, Al-Rai, was affiliated with 
its sister newspaper of the same name.
    The law prohibited the publication of material criticizing Islam, 
the Emir, the constitution, or the neutrality of the courts or public 
prosecutor's office. The law also mandates jail terms for journalists 
who ``defame religion,'' and any Muslim citizen may file criminal 
charges against an author the citizen believes has defamed Islam, the 
ruling family, or public morals. Citizens often filed such charges for 
political reasons.
    On May 28, according to Reporters Without Borders, a court ordered 
Fuad al-Hashem of the daily Al-Watan to pay 7,190 dinars (approximately 
$25,000) for defamation as a result of three cases brought by the 
Qatari prime minister, who accused Al-Hashem of harming his reputation 
in articles dealing with his relations with Israel. At year's end there 
was no information as to whether al-Hashem had paid the fine.
    On November 11, the Court of Cassation sentenced the person who 
posted a comment insulting the Emir on Bashar Al-Sayegh's Web site in 
2007 to two years in prison. Al-Sayegh himself was acquitted of any 
charges on February 2.
    The MOI censored all books, films, periodicals, videotapes, and 
other imported publications deemed morally offensive, although 
satellite dishes were widely available and allowed some citizens to 
receive unfiltered media. The MOI controlled the publication and 
distribution of all informational materials.
    The law requires newspaper publishers to obtain an operating 
license from the MOI. Publishers may lose their license if their 
publications do not appear for three months in the case of a daily 
newspaper, or six months in the case of a less-frequent publication.

    Internet Freedom.--There were approximately 900,000 users of the 
Internet in the country. The Government monitored Internet 
communications, such as blogs and discussion groups, for defamation and 
security reasons. The Ministry of Communications (MOC) continued to 
block Web sites deemed to ``incite terrorism and instability'' and 
required Internet service providers to block other Web sites, some 
political. Internet cafe owners were obligated to obtain the names and 
civil identification numbers of customers and to submit the information 
to the MOC upon request.

    Academic Freedom and Cultural Events.--The law provides for freedom 
of opinion and of research; however, academic freedom was limited by 
self-censorship, and the law prohibited academics from criticizing the 
Emir or Islam.
    The MOI reserved the right to approve or reject public events and 
rejected those it deemed politically or morally inappropriate. The 
ministry reported that it rejected many applications for events but did 
not release the names of these events. Some hotels and performance 
halls reported increased hesitation to host musical functions because 
of what they perceived as a rise in the power of cultural 
conservatives. For example, on August 24, conservative members of 
parliament reportedly chided and demanded the punishment of a hotel 
owner and party organizers for sponsoring a mixed-gender dance. On 
August 27, the ministry referred the owner of the hotel to the 
Commercial Attorney's Office for investigation. There were no updates 
in the case at year's end.
    The MOI censored films based on objectionable content such as 
extreme violence, profanity, and all intimacy between genders.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected the right in practice. Organizers of public 
gatherings of more than 20 persons must inform the MOI of their plans.
    The law also protects ``diwaniyas'' (informal weekly social and 
political gatherings). Many adult male citizens, including members of 
the Government and of the National Assembly, and increasing numbers of 
female citizens, hosted or attended diwaniyas to discuss current 
economic, political, and social issues. Women held diwaniyas of their 
own, but such diwaniyas were uncommon; a few diwaniyas were open to 
both sexes.

    Freedom of Association.--The law provides for freedom of 
association; however, the Government restricted this right in practice. 
The law prohibits officially licensed groups from engaging in political 
activities.
    The Government used its power to license associations as a means of 
political control. There were 73 officially licensed NGOs in the 
country, including a bar association, professional groups, and 
scientific bodies. The Ministry of Social Affairs and Labor (MOSAL) did 
not license any new NGOs during the year, compared with one licensing 
the previous year and seven the year before. At year's end there were 
149 NGOs pending licensing by the MOSAL; many have been waiting years 
for approval.
    The 45 NGOs licensed prior to 2004 continued to receive an annual 
government subsidy of 12,000 dinars (approximately $41,000) for their 
operating expenses, including travel to international conferences. NGOs 
licensed since 2004, when the MOSAL began issuing licenses after a long 
period of refusing to do so, do not receive financial assistance. The 
MOSAL rejected some license requests on the grounds that established 
NGOs already provided services similar to those proposed by the 
petitioners. The MOSAL also can reject an NGO's application if it deems 
that the NGO does not provide a public service. The minister has 
discretion to change a proposed NGO's name prior to licensing and 
sometimes did so on the grounds that the name was too close to that of 
an already existing NGO. Members of licensed NGOs must obtain 
permission from the MOSAL to attend international conferences as 
official representatives of their NGO.
    There were many unlicensed civic groups, clubs, and unofficial NGOs 
in the country. These unofficial associations did not receive 
government subsidies and had no legal status.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, the Government limited this right. The constitution 
protects the freedom to practice religion in accordance with 
established customs, provided that it does not conflict with public 
policy or morals. The constitution declares that Islam is the state 
religion and that Shari'a is ``a main source of legislation.''
    Non-Muslim religious groups unanimously reported that freedom of 
belief is respected, but non-Muslim religious organizations had more 
difficulty operating. The Government did not recognize some Christian 
churches, and they could not operate openly. Some recognized churches 
found quotas on clergy and staff visas burdensome. Shia faced some 
disadvantages in comparison with Sunnis.
    Members of religions not sanctioned in the Koran, such as Baha'is, 
Buddhists, Hindus, and Sikhs, may not operate official places of 
worship, but they were allowed to worship in their homes without 
government interference. There is no specific law banning the 
establishment of other non-Muslim places of worship; however, in 
practice the Government denied permission to the few groups that 
applied for licenses to build new places of worship, deterring some 
religious groups applying.
    Islamic religious instruction is mandatory in all government 
schools and in any private school that has one or more Muslim students. 
The law prohibits organized religious education other than Islam; 
however, in practice the Government allowed non-Muslim religious 
instruction as long as no Muslim students were taking part in the 
education. The Government did not interfere with religious instruction 
inside private homes.
    Muslims who wished to convert from Islam to another religion faced 
intense societal pressure and generally had to hide their new religious 
affiliation. The law prohibits naturalization of non-Muslims and 
forbids marriage between Muslim women and non-Muslim men; these 
prohibitions effectively coerced individuals to convert to Islam.
    The Government prohibited non-Muslim missionaries from 
proselytizing to Muslims, although they may serve non-Muslim 
congregations. The Islamic Presentation Committee, under the authority 
of the Ministry of Awqaf and Islamic Affairs, actively proselytized to 
non-Muslims.
    The Government does not permit the establishment of non-Islamic 
religious publishing companies, and only one private company had an 
import license for non-Muslim religious materials.

    Societal Abuses and Discrimination.--While discrimination based on 
religion reportedly occurred on a personal level, most observers agreed 
it was not widespread.
    Parliamentarians, the media, and mosque leaders engaged in anti-
Jewish rhetoric during the year. On August 31, a columnist for Al-Watan 
daily, Dr. Ahmad Al-Duaij, wrote an article questioning the veracity of 
the Holocaust and describing Jews as ``diabolical.'' There were no 
known Jewish citizens and very few expatriate workers.
    The Ministry of Awqaf and Islamic Affairs (MAIA) continued to 
promote its ``moderation'' project, which aimed to discourage extremism 
among Muslims and improve the image of Muslims among non-Muslims.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution generally provides 
for freedom of movement within the country; however, there are numerous 
laws constraining foreign travel, and the Government placed some limits 
on freedom of movement in practice. The Government did not cooperate 
with the Office of the UN High Commissioner for Refugees or other 
humanitarian organizations in providing protection and assistance to 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    During the year some laborers claimed that they were not allowed to 
leave the residential camps where they lived.
    Women, persons under 21 years of age, and Bidoon faced problems 
with, or restrictions on, foreign travel. While not sanctioned by law, 
MOI regulations mandate that all persons under 21 years of age obtain 
permission from their father or another male relative to receive a 
passport and travel abroad and that married women obtain their 
husband's permission to apply for a passport. Further, a husband may 
request that immigration authorities prevent his wife's departure from 
the country for 24 hours, after which a court order may extend the 
travel ban. The Government severely restricted the ability of the 
Bidoon population to travel abroad; however, it permitted some Bidoon 
to travel to Saudi Arabia for the annual hajj.
    The law also permits the Government to place a travel ban on any 
citizen or foreigner accused or suspected of violating the law, and it 
allows citizens to petition authorities to do so. In practice this 
resulted in citizens and foreigners arbitrarily being prevented or 
delayed from departing the country.
    The law prohibits the deportation or forced exile of citizens, 
although the Government can revoke citizenship for various causes 
including felony conviction and subsequently deport individuals. On 
November 4, the Council of Ministers issued a decision to revoke 
Kuwaiti citizenship from five individuals whom they deemed ineligible 
for citizenship. Although the Government formed a committee to 
investigate the cases, there was no update 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, neither of 
which the country has signed. There is no system for providing 
protection to refugees, and 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 a country 
where their lives or freedom would be threatened, and the constitution 
prohibits the extradition of political refugees; however, the 
Government often kept such persons in detention until they agreed to 
return or made alternative travel arrangements, and it rarely granted 
them permission to live and work in the country.

    Stateless Persons.--According to Refugees International, 
citizenship is derived entirely from the father; children born to 
citizen mothers and non-national fathers do not inherit citizenship 
unless the mother is divorced or widowed. The law further fails to 
provide non-nationals, including Bidoon and non-Muslims, the 
opportunity to gain nationality on a nondiscriminatory basis.
    Although the exact number of Bidoon residents was unknown, the 
Ministry of Planning estimated there were more than 100,000 Bidoon in 
the country at the end of 2006. The Government continued to 
discriminate against the Bidoon in areas such as education, employment, 
medical care, and freedom of movement. Bidoon children may not attend 
public schools. Although the Government accepted Bidoon in an 
increasing number of government positions, it barred Bidoon from 
enlisting in the armed forces. Bidoon generally did not qualify for the 
subsidized health care that citizens received, and the Government also 
made it difficult for Bidoon to obtain official documents necessary for 
employment or travel, such as birth certificates, civil identification 
cards, driving licenses, and marriage certificates.
    The Government continued to grant citizenship to a small number of 
Bidoon. During the year it granted citizenship to 573 Bidoon on the 
basis of sufficient ties to the country; however, more than 80,000 
citizenship requests were pending at year's end. Many Bidoon were 
unable to provide documentation proving sufficient ties to the country 
or present evidence of their original nationality, as they were truly 
stateless. However, the Government maintained that the vast majority of 
Bidoon were concealing their true identities.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their 
representatives in the legislative branch of government, and citizens 
exercised this right in practice. However, citizens had only a very 
limited, indirect impact on control of the executive branch as the 
constitution stipulates that the country is a hereditary Emirate. The 
elected National Assembly must approve the Emir's choice of crown 
prince (the future Emir) and may remove the Emir from power if it 
declares him unfit. In 2006 the National Assembly exercised this power 
for the first time in the country's history.

    Elections and Political Participation.--On May 17, two months after 
the Emir dissolved the National Assembly, Islamists gained seats in an 
early parliamentary election that was generally considered free and 
fair. According to press reports, 35 percent of Kuwaiti citizens were 
eligible to vote, and this election was the first since the number of 
electoral districts was reduced from 25 to five in 2006.
    There is no formal law banning political parties; however, the 
Government did not recognize any political parties or allow anyone to 
form political parties. Although the law does not address political 
parties, they are in effect forbidden. Nevertheless, several well-
organized, unofficial blocs, acting much like political parties, 
existed and were active in National Assembly elections. Assembly 
candidates must nominate themselves as individuals and may run for 
election in any of the country's electoral districts. Tribes dominated 
two of the five constituencies and also exerted influence on the other 
three.
    There were no women in the National Assembly; however, there were 
two women on the Municipal Council, and the ministers of education and 
housing and of state for development affairs were women.

    Government Corruption and Transparency.--The law mandates criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity. The Audit Bureau is the Government agency 
responsible for combating government corruption.
    The MOSAL and the MOI continued to discover numerous cases during 
the year of ministry employees forging documents enabling the 
importation of foreign workers. The Government response was not 
effective in combating this problem. Violations were referred to 
investigative bodies within the ministries and then sent to the general 
attorney's office for action. No rigorous action was taken against the 
violators.
    Public officials were not subject to financial disclosure laws.
    The law provides for public access to unclassified government 
information by citizens and noncitizens alike. The Government enforced 
this law.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The law permits the existence of NGOs; however, the Government 
continued to deny licenses to some NGOs. NGOs may not engage in overtly 
political activity and are prohibited from encouraging sectarianism. 
They must also demonstrate that their existence is in the public 
interest. The only local independent NGOs dedicated specifically to 
human rights were the KHRS and the Kuwaiti Society for Fundamental 
Human Rights (KSFHR). The KHRS, which operated since the early 1990s 
and received its official license in 2004, sporadically published a 
magazine and met with senior government officials. The KSFHR, which 
came into existence in 2005, aimed to approach human rights from an 
Islamic perspective. Its leaders have spoken out on human rights issues 
such as the treatment of foreign workers and the Bidoon, but it had not 
published anything other than a booklet describing the organization and 
had not conducted any activities. Other local licensed NGOs devoted to 
specific groups, such as women, children, foreign workers, prisoners, 
and persons with disabilities, were permitted to work without 
government interference. Also, an unknown number of local unlicensed 
human rights groups operated without government restriction during the 
year.
    The Government and various National Assembly committees met 
regularly with local NGOs and responded to their inquiries.
    The Government permits international human rights organizations to 
visit the country and establish offices, although none operated in the 
country. The International Office for Migration's regional director 
visited the country during the year. Refugees International performed 
and published a human rights study on the Bidoon in 2007 without 
government interference.
    The Government permitted visits by international governmental 
organizations. The UN undersecretary for humanitarian affairs and 
emergency relief visited the country twice during the year and met with 
senior government officials including the foreign minister. One of the 
UN human settlements officers met with the minister of housing and the 
minister of state for planning affairs. The Government also continued 
to cooperate fully with the work of the UN special rapporteurs for Iran 
and Iraq and the high-level representative of the Secretary General on 
the issue of its citizens missing in Iraq since the end of the Gulf 
War.
    The National Assembly's Human Rights Defense Committee is an 
advisory body. During the year its work consisted primarily of hearing 
individual complaints of human rights abuses.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, origin, disability, 
or language; however, in practice the Government did not uniformly or 
consistently enforce laws against discrimination, and a number of laws 
and regulations discriminated against women, noncitizens, and domestic 
workers.

    Women.--Violence against women continued to be a serious and 
overlooked problem. Rape is criminalized with a maximum penalty of 
death, which the country imposes for the crime; however, spousal rape 
is not a crime. The media reported hundreds of rape cases during the 
year. Many of the victims were noncitizen domestic workers. The police 
occasionally arrested rapists, and several were tried and convicted 
during the year; however, laws against rape were not always enforced 
effectively. According to third-country diplomatic sources, victims 
reported that some police stations and hospitals handled their cases in 
a professional way, but many did not.
    The law does not specifically prohibit domestic violence, although 
cases are tried as assault, and a victim of domestic violence may file 
a complaint with the police requesting formal charges be brought 
against the abuser. Each of the country's 83 police stations reportedly 
received weekly complaints of domestic abuse. However, even with 
documented evidence of the abuse, such as eyewitness accounts, hospital 
reports, and social worker testimony, police officials rarely arrested 
perpetrators of domestic violence. Noncitizen women married to citizens 
reported domestic abuse and inaction or discrimination by police during 
the year. A woman may petition for divorce based on injury from abuse, 
but the law does not provide a clear legal standard as to what 
constitutes injury. In addition a woman must provide at least two male 
witnesses (or a male witness and two female witnesses) to attest to the 
injury suffered. The courts have found husbands guilty of spousal 
abuse; however, most domestic abuse cases were not reported, especially 
outside of the capital, and individuals reportedly bribed police 
officials to ignore domestic abuse charges. Abusive husbands, if 
convicted, rarely faced severe penalties.
    There are no shelters or hot lines specifically for victims of 
domestic violence, although a temporary shelter for domestic workers 
opened in September 2007 housed victims during the year. In the year 
since it was opened, the shelter has housed 279 domestic workers.
    Honor crimes are prohibited; however, the penal code reduces 
penalties for such crimes to misdemeanors with a maximum prison 
sentence of three years. There were no reported cases of honor crimes 
during the year.
    The police actively enforced laws against pandering and 
prostitution, with arrests reported regularly. During the year police 
also uncovered numerous prostitution rings. However, according to 
reports, the prostitution rings were made up of women who were not 
being forced or held captive against their will. The Government 
generally deported prostituted persons to their countries of origin; 
however, some were released after signing a pledge of good conduct. 
Pimps received stiff jail terms. Some unemployed, runaway foreign 
domestic workers were recruited or kidnapped and forced into 
prostitution.
    There is no specific law that addresses sexual harassment. Human 
rights groups characterized sexual harassment against women in the 
workplace as a pervasive but unreported problem. While no official 
statistics on the problem were available, a June 2007 newspaper survey 
found that 40 percent of female respondents from various professions 
had experienced sexual harassment.
    Women have political rights; however, they do not enjoy the same 
rights as men under family law or property law or in the judicial 
system, and they continued to face discrimination in many areas. 
Nevertheless, women have attained prominent positions in government and 
business. A parliamentary committee for women's and family affairs 
exists.
    Women continued to experience legal, economic, and social 
discrimination. Shari'a discriminates against women in judicial 
proceedings, freedom of movement, and marriage. Inheritance is governed 
by Shari'a, which differs according to the school of Islamic 
jurisprudence followed by the different populations in the country. In 
the absence of a direct male heir, Shia women may inherit all property, 
while Sunni women inherit only a portion, with the balance divided 
among brothers, uncles, and male cousins of the deceased. A divorced 
woman loses her right to live in housing purchased through the 
Government loan program when her children reach age 18, regardless of 
any payments she may have made on the loan, and a female citizen 
married to a noncitizen cannot, by law, even qualify for the loan 
program. Female citizens married to noncitizens were also required to 
pay annual residence fees of 217 dinars (approximately $740) for their 
husbands and children; the law grants residency only if the noncitizen 
husband is employed, and citizen women cannot pass citizenship to their 
noncitizen husbands or their children. Male citizens married to female 
noncitizens did not face such discrimination in law or practice.
    The law provides for female ``remuneration equal to that of a man 
provided she does the same work"; however, it prohibits women from 
working in ``dangerous industries'' and in trades ``harmful'' to 
health. On June 8, the Constitutional Court ruled that the housing 
benefits package outlined in a resolution by the Council of Ministers 
for judges, general attorneys, and counselors in the legal advice and 
legislation department was unconstitutional. According to the 
resolution, married employees of both genders received a housing 
allowance of 323 dinars (approximately $1,100), single male employees 
received 217 dinars ($740), and single female employees received 
nothing. Educated women maintained that the conservative nature of 
society limited career opportunities, although there were limited 
improvements. On June 29, the police academy enrolled its first group 
of female cadets.
    The law also requires that classes at all universities, private and 
public, be segregated by gender. Public universities enforced this law 
more rigorously than private universities.

    Children.--The Government is generally committed to the rights and 
welfare of citizen children, although noncitizen children suffered. The 
Government did not issue birth certificates to Bidoon children, which 
resulted in the denial of free public services to those children. 
Education, which for citizen children was free through the university 
level and compulsory and universal through the secondary level, was 
generally unavailable to Bidoon children, who sometimes attended 
private schools.
    There was no societal pattern of child abuse, although there were 
isolated instances.
    The legal age for girls to marry is 15, but younger girls continued 
to marry within some tribal groups. The MOJ estimated the problem at 2 
to 3 percent of total marriages. The Government attempted to educate 
the rural community through the MAIA and imams in local mosques.

    Trafficking in Persons.--The law does not explicitly prohibit 
trafficking in persons, although it prohibits transnational slavery and 
forced prostitution. Trafficking in persons was a serious problem.
    The country was a destination and transit point for men and women 
for forced labor and commercial sexual exploitation. Victims came from 
South and East Asia, including Bangladesh, India, Pakistan, Sri Lanka, 
Nepal, Indonesia, and the Philippines, although individuals from other 
countries, such as Ethiopia and Eritrea, also reportedly were 
trafficked. Hundreds of thousands of Egyptians worked in the country, 
and some were subjected to trafficking, particularly in the form of 
debt bondage. There were reports that foreign workers under age 18 were 
employed in homes in the country, but most victims were adults.
    Principal traffickers were labor-recruitment agencies and sponsors 
(employers) of foreign workers. The primary method used to obtain and 
transport victims was for employers to offer valid contracts to workers 
and then not honor those contracts. There were reports that employers 
gave workers new contracts at lower salaries than those they signed 
previously or deducted multiple fees from their salaries. Some 
companies reportedly kept workers' cash cards and withdrew part of the 
salary after the paycheck had been deposited. Workers found it 
difficult to leave these situations for several reasons: employers 
frequently withheld workers' passports or otherwise restricted their 
movements; employees often were in debt from their travel to the 
country; and employers could file or threaten to file criminal charges 
against workers for absconding. Workers had only limited ability to 
transfer from the sponsorship of one employer to another. Some workers 
also faced physical and sexual assault as means of forcing them to 
work.
    Some traffickers, citizens and noncitizens, would set up a ``sham'' 
company and get permission to import a certain number of foreign 
workers. The trafficker's agent in a foreign country would collect high 
fees from prospective workers, purportedly for the right to come to the 
country to work. However, when the workers arrived, they found there 
was no work for them. In some cases, the employer would file an 
absconding charge or simply report that the employee was no longer 
employed. Victims were left without means of support and sometimes in 
violation of immigration laws and were thus vulnerable to trafficking, 
while the employer could then import more workers and charge them the 
same fees. In other cases, workers knew that they were merely paying 
for sponsorship and that it was up to them to find work.
    Traffickers also forced some female domestic workers into 
prostitution after they had escaped an abusive employer or by deceiving 
them with a promise of a job in a different sector.
    Although the law does not explicitly prohibit trafficking in 
persons, traffickers may be prosecuted for transnational slavery, with 
a penalty of up to five years' imprisonment, or forced prostitution, 
with a penalty of up to five years' imprisonment or seven for minors. 
However, the Government reported no such prosecutions or convictions 
during the year Penalties for trafficking-related crimes range from 
fines and incarceration for failure to abide by the standardized 
domestic labor contract to life sentences and death for rape. However, 
in most cases, law enforcement efforts were not effective and focused 
on administrative measures, such as shutting down companies in 
violation of labor laws or issuing the return of withheld passports or 
payment of back-wages, rather than criminal punishments for abusive 
employers.
    During the year the courts did not make convictions for 
trafficking-related crimes. The MOSAL, the Government agency 
responsible for enforcing labor regulations, referred 29 companies to 
the Investigation Department for nonpayment of worker salaries.
    The Government assisted some trafficking victims; however, victims 
were sometimes detained, prosecuted, or deported for acts, such as 
prostitution or absconding, committed as a result of being trafficked. 
The Government sheltered some trafficking victims in the domestic 
worker shelter built in 2007, and it occasionally paid for airline 
tickets to repatriate runaway or abused domestic workers. The Domestic 
Workers Administration sometimes brokered solutions between employers 
and former employees. There were no government programs to prevent 
trafficking 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 and imposes penalties against 
employers who refrain from hiring persons with disabilities without 
reasonable cause. The law also mandates access to buildings for persons 
with disabilities. The Government generally enforced these provisions. 
There was no reported discrimination against persons with disabilities 
generally; however, noncitizens with disabilities did not have access 
to government-operated facilities or receive stipends paid to citizens 
with disabilities, which covered transportation, housing, job training, 
and social welfare.
    Representatives from ministries, other governmental bodies, Kuwait 
University, and several NGOs constituted the Government's Higher 
Council for Handicapped Affairs, which made policy recommendations, 
provided financial aid to persons with disabilities, and facilitated 
the integration of such persons into schools, jobs, and other social 
institutions. The Government supervised and contributed to schools and 
job and training programs that catered to persons with special needs.

    Other Societal Abuses and Discrimination.--Homosexuality is 
illegal, and there was discrimination against homosexuals, in addition 
to cases of police abuse of transgendered persons.
    In December 2007 the National Assembly approved a law to impose a 
fine of 1,059 dinars (approximately $3,600) and/or one year's 
imprisonment for those imitating the appearance of the opposite sex in 
public. There were no updates at year's end regarding the men arrested 
under this law in December 2007.
    Unmarried men continued to face housing discrimination based solely 
on marital status. Although the law prohibits single men from obtaining 
accommodation in many urban residential areas, at year's end the 
Government had yet to fulfill a plan to construct housing for them on 
the outskirts of the capital.
Section 6. Worker Rights
    a. The Right of Association.--With the notable exceptions of the 
country's approximately 540,000 domestic servants and an unknown number 
of maritime employees, the law provides that workers have the 
restricted right to join unions without previous authorization. An 
estimated 80,000 persons, or 5 percent, of a total workforce of 1.6 
million were organized into unions. The law empowers the Government to 
interfere significantly in union activities, including the right to 
strike; however, the Government did not impede strikes.
    The Government restricts the right of freedom of association to 
only one union per occupational trade and permits only one federation, 
the Kuwait Trade Union Federation (KTUF), which comprises 15 of the 47 
licensed unions. The law stipulates that any new union must include at 
least 100 workers, 15 of them citizens. Both the International Labor 
Organization and the International Trade Union Confederation have 
criticized this requirement because it discourages unions in sectors 
that employ few citizens, such as the construction industry and much of 
the private sector.
    The Government essentially treated licensed unions as parastatal 
organizations, providing as much as 90 percent of their budgets and 
inspecting financial records. The law empowers the courts to dissolve 
any union for violating labor laws or for threatening ``public order 
and morals,'' although such a court decision may be appealed. The Emir 
also may dissolve a union by decree. No union was dissolved during the 
year. The Government denied several unions' applications for official 
recognition during the year.
    The law denies domestic servants (one-third of the noncitizen 
workforce) and maritime employees the right to associate and organize. 
It also discriminates against over one million other foreign workers by 
denying them union voting rights, barring them from leadership 
positions, and permitting them to join unions only after five years of 
residence, although the KTUF stated that this last requirement was not 
widely enforced in practice.
    The law limits the right of workers, especially noncitizens, to 
strike. Most labor disputes are resolved in compulsory negotiations; if 
not, either party may petition MOSAL for mediation. If mediation fails, 
the dispute is referred to a labor arbitration board composed of 
officials from the Court of Appeals, the office of the attorney 
general, and MOSAL. The law does not contain any provision ensuring 
strikers' freedom from legal or administrative action taken against 
them by the Government. Employers generally try to settle the disputes 
with their workers themselves in order to retain them.
    On July 28, Bangladeshi workers, mainly cleaners and trash 
collectors, began a strike over grievances related to pay and work 
conditions. One of the demonstrations reportedly became violent, with 
workers smashing windows and vandalizing cars, and police responded 
with tear gas and clubs. According to reports, security officials 
imprisoned and beat the workers for five days before forcibly deporting 
them to Bangladesh. However, these strikes served to raise government 
awareness, and on September 11, parliament established an independent 
committee for foreign workers' problems.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers, with the important exceptions of domestic servants, 
maritime workers, and civil servants, with the right to bargain 
collectively, subject to certain restrictions; the Government generally 
respected in practice the rights of those workers covered by the law. 
Approximately 70 percent of the labor force was covered by collective 
agreements. There are no restrictions on collective bargaining.
    The law also prohibits antiunion discrimination and employer 
interference with union functions; and the Government generally 
protected those rights. Any worker alleging antiunion discrimination 
has the right to appeal to the judiciary. Employers found guilty of 
such discrimination must reinstate workers fired for union activities. 
There were no reports of discrimination against employees based on 
their affiliation with a union.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, ``except in cases 
specified by law for national emergency and with just remuneration"; 
however, there were reports that such practices occurred. Domestic 
servitude and forced prostitution were the most common types of forced 
labor.
    Some foreign domestic workers, often trafficked, were victims of 
forced labor. Physical or sexual abuse of female domestic workers was a 
serious problem, and the police and courts took action against 
employers when presented with evidence of serious abuse. There were 
frequent reports of domestic workers allegedly committing or attempting 
suicide because of desperation over poor working conditions or abuse. 
For example, on December 10, a citizen reported that his Asian 
housemaid committed suicide in Jeleeb Al-Shuyoukh, Kuwait City. On 
December 13, a citizen woman hospitalized her Ethiopian housemaid after 
the latter attempted suicide by swallowing a chemical detergent.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits child labor; however, there were credible reports of 
underage workers, including domestic servants.
    The legal minimum age for employment is 18; however, employers may 
obtain permits from the MOSAL to employ juveniles between the ages of 
14 and 18 in nonhazardous trades. Juveniles may work a maximum of six 
hours a day on the condition that they work no more than four 
consecutive hours followed by a one-hour rest period.
    There were reports that some children were trafficked to the 
country to provide domestic labor, and some underage workers reportedly 
falsified their ages in order to enter the country. During the year 
underage Asian girls reportedly worked as domestic servants after 
entering the country on false travel documents obtained in source 
countries.
    The Labor Inspection Department monitored private firms routinely 
for labor law compliance, including laws against child labor.

    e. Acceptable Conditions of Work.--The public sector minimum wage 
for citizens was 217 dinars (approximately $740) per month, while the 
public sector noncitizen wage was 97 dinars ($333). The public sector 
minimum wage provided a decent standard of living for a citizen worker 
and family. There was no legal minimum wage in the private sector, 
except for those domestic workers who had signed contracts since 2006 
who received at least 40 dinars ($136) per month. The MOSAL is 
responsible for implementing the minimum wage, which was effectively 
enforced.
    The law establishes general conditions of work for the private 
sector. The law limits the standard workweek to 48 hours (40 hours for 
the oil industry) with one full day of rest per week and one hour of 
rest after every five consecutive hours of work. These standards were 
not well enforced, and domestic servants and other unskilled foreign 
workers in the private sector frequently worked in excess of 48 hours a 
week, often with no day of rest.
    The Government issued occupational health and safety standards; 
however, compliance and enforcement by MOSAL appeared poor, especially 
with respect to unskilled foreign laborers. To decrease accident rates, 
the Government periodically inspected enterprises to raise awareness 
among workers and employers and to ensure that they abided by safety 
rules, controlled pollution resulting from certain industries, trained 
workers to use machines, and reported violations. Workers have the 
right to remove themselves from dangerous work situations without 
jeopardizing their continued employment, and legal protection existed 
for both citizen and foreign workers who filed complaints about such 
conditions. However, government attention to worker safety issues 
remained insufficient, resulting in poor training of inspectors, 
inadequate injury reports, and no link between insurance payments and 
accident reports.
    The law provides that all outdoor work stop when the temperature 
rises to 50 degrees Celsius (122 Fahrenheit); however, media sources 
alleged that the Government falsified official readings to allow work 
to proceed. The Meteorological Division consistently denied these 
allegations. MOSAL enforced the ban on working during the hottest times 
of the day by doing site visits. In June MOSAL inspection teams visited 
506 open work sites and discovered more than 530 persons working during 
the daytime ban.

                               __________

                                LEBANON

    Lebanon, with a population of approximately four million, is a 
parliamentary republic in which the President is a Maronite Christian, 
the prime minister a Sunni Muslim, and the speaker of the chamber of 
deputies a Shia Muslim. On May 25, parliament elected President Michel 
Sleiman, who serves as the head of state, in a process that was 
facilitated by Qatar and the Arab League. As stipulated in the 
constitution, former President Emile Lahoud stepped down in November 
2007 at the end of his term, and the powers of the presidency were 
transferred to the cabinet. Although parliament was scheduled 
originally to begin the Presidential election process in September 
2007, the speaker rescheduled the session 19 times.
    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 to protest 
government decisions to declare Hizballah's telecommunication network 
illegal and remove the airport security chief because of the presence 
of Hizballah's surveillance cameras monitoring the airport. During the 
heavy fighting, 84 persons were killed and approximately 200 were 
injured. On May 21 in Doha, Qatar, rival leaders reached an agreement 
to end the violence and the 18-month political feud. Sectarian clashes 
continued to break out between the Druze and Hizballah across the 
country and between Sunnis and Alawites in the northern part of the 
country, leading to the deaths of approximately 70 persons and the 
wounding of 275. UN Security Council (UNSC) resolutions 1559 and 1701 
call upon the Government to take effective control of all Lebanese 
territory and disarm militia groups. However, despite the presence of 
the Lebanese and UN security forces, Hizballah retained significant 
influence over parts of the country, and the Government made no 
tangible progress towards disbanding and disarming armed militia 
groups, including Hizballah.
    There were limitations on the right of citizens to change their 
government peacefully. Militant and sectarian groups committed unlawful 
killings, and security forces arbitrarily arrested and detained 
individuals. Torture of detainees remained a problem, as did poor 
prison conditions, lengthy pretrial detention, and long delays in the 
court system. The Government violated citizens' privacy rights, and 
there were some restrictions on freedoms of speech and press, including 
intimidation of journalists. The Government suffered from corruption 
and a lack of transparency. There were limitations on freedom of 
movement for unregistered refugees, and widespread, systematic 
discrimination against Palestinian refugees and minority groups 
continued. Domestic violence and societal discrimination against women 
continued, as did violence against 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
militant groups killed civilians during the year in connection with the 
May 7-21 conflict and other internal sectarian clashes (See Section 
1.g.).
    There were no further developments in the investigations following 
several 2007 car bomb deaths: Member of Parliament (MP) Walid Eido and 
10 others in June, MP Antoine Ghanem and eight others in September, and 
Lebanese Armed Forces (LAF) chief of operations Brigadier General 
Francois el-Hajj and his bodyguard in December.
    The four suspected members of the terrorist group Fatah al-Islam 
(FAI) arrested in March 2007 for the 2006 Ain Alaq twin bus bombings 
remained in detention at year's end, without formal convictions.
    In June 2007 the news Web site Al-Mustaqbal reported that Judge 
Sa'id Mirza brought charges against Lebanese citizen Ibrahim Hasan 
Awadah and Syrian citizens Firas Abd al-Rahman, Mahmoud Abd al-Karim 
Imran, and Izzat Muhamad Tartusi for the 2005 attempted assassination 
of the defense minister and incoming Deputy Prime Minister Elias Murr, 
which injured Murr and killed one person. The suspects allegedly 
remained outside of the country in an unknown location at year's end.
    Alleged FAI official Walid al-Bustani remained detained at year's 
end for his reported connection to the 2006 assassination of then-
industry minister Pierre Gemayal.
    There were no further developments in the investigations of the 
2006 killings of Islamic Jihad member Mahmoud Majzoub and his brother 
or of the roadside bombs in Rmeileh that injured Internal Security 
Forces (ISF) Lieutenant Colonel Samir Shehade and killed four of his 
bodyguards. The ISF alleges that Israel was behind the Majzoub killings 
because the victims were Palestinian. Shehade, the former head of the 
ISF intelligence unit, departed for Canada following the assassination 
attempt against him.
    During the year the UN International Independent Investigation 
Commission (UNIIIC), established under UNSC resolution 1595, continued 
its investigation into the 2005 assassination of former prime minister 
Rafiq Hariri and other political killings. While preliminary reports 
pointed to possible linkages to Syrian intelligence services, the 
UNIIIC did not reach a firm conclusion by year's end.
    Israeli cluster munitions from the 2006 conflict continued to kill 
and injure civilians during the year. The UN Mine Action Coordination 
Center estimated that 560,000 to 1.1 million unexploded munitions 
remained despite ongoing removal and that munitions had killed 42 
persons since the end of the conflict.

    b. Disappearance.--During the year there were no reports of 
politically motivated disappearances.
    On July 16, Hizballah returned to Israel the bodies of two Israeli 
soldiers kidnapped in 2006; in exchange Israel returned five living 
prisoners to Hizballah, as well as the bodies of 200 Lebanese, 
Palestinian, and other Arab fighters.
    On August 27, a Lebanese judge accused Libyan President Moammer 
Qadafi and six of his aides of inciting and participating in the 1978 
disappearance of Imam Moussa Sadr.
    On September 2, the Public Prosecutor issued charges against 14 
persons for the April 2007 kidnapping and killing of Ziad Ghandour and 
Ziad Qabalan, two youths affiliated with Progressive Socialist Party 
leader Walid Jumblatt, a Druze Muslim allied with the Government. The 
ruling requested the death penalty for five brothers who were at large 
at year's end, Mohammed, Shehadeh, Abdallah, Abbas, and Ali Shamas; a 
life term of hard labor for helping conceal the crime for Mustafa Omar 
al-Saeedy, Ayman Fouad Safwan, Wissam Ghazi Orabi, and Saeb Ibrahim al-
Dakkdoki; and up to three years' imprisonment for hiding Ali Shamas and 
failing to notify the authorities about the crime for Hanan Atwi, Abeer 
Qabalan, Hassan Hazeemah, Hana Ismail, and Rabih Houili.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not specifically prohibit torture. Security 
forces abused detainees and in some instances used torture. Human 
rights groups, including Amnesty International (AI) and Human Rights 
Watch (HRW), reported that torture was common. In a February 14 letter 
to the Association Council between the European Union and Lebanon and 
an October 7 letter to the interior minister, HRW reported there were 
instances of torture during the year at the Ministry of Defense and the 
Information Section, the ISF's intelligence branch, as well as in 
certain police stations. The Lebanese Association for Education and 
Training (ALEF) also reported during the year instances of torture in 
the ISF's Drug Repression Bureau detention facilities in Beirut and 
Zahle.
    On September 18, parliament authorized the Government to ratify the 
Optional Protocol to the Convention Against Torture (CAT); however, at 
year's end the Government had not submitted its initial report under 
the CAT. On November 5, eight international and local human rights 
organizations issued a press release stating that over the last two 
years they had gathered testimonies from a number of detainees who 
claimed that security officials beat and tortured them. The press 
release requested the Government to take concrete and public measures 
to stop the use of torture in detention facilities and submit the 
initial report under the CAT, seven years overdue.
    In May 2007 HRW and the Lebanese Center for Human Rights (CLDH) 
called for an investigation into allegations of torture and ill 
treatment of nine of 12 detainees whose military court trial began in 
April 2007. In interviews with HRW and CLDH, some detainees alleged 
that interrogators tortured them during their detention at the Ministry 
of Defense to force confessions, while other detainees claimed they 
were ill-treated and intimidated. Five detainees reported being 
blindfolded and frequently punched during questioning. On September 5, 
the court acquitted for lack of evidence the 12 suspects of allegedly 
planning to assassinate Hizballah leader Hassan Nasrallah; however, 11 
of the 12 were sentenced to three to five years' imprisonment for 
conspiracy to commit crimes against the state with the aim of inciting 
sectarian strife and possession and transfer of weapons and explosive 
material. At year's end HRW and CLDH's call for an investigation had 
not been answered.
    In May 2007 the Lebanese daily Al-Diyar reported that the ISF 
Information Section called Muhammad Abu-al-Amir Salhab in for 
questioning following the 2005 assassination of former Prime Minister 
Rafiq Hariri. According to Al-Diyar, security forces detained Salhab 
for three days, during which he ``was subjected to all types of 
torture.'' At year's end Salhab remained in France seeking political 
asylum.
    In 2006 the nongovernmental human rights organization Support of 
Lebanese in Arbitrary Detention (SOLIDA) issued a report documenting 
the various types of torture allegedly practiced at the Ministry of 
Defense between 1992 and 2005, before Syria withdrew its troops in 
2005. Torture methods included physical abuse, sleep deprivation, and 
prolonged isolation. In April 2007 the army released a statement 
dismissing news reports that detainees suspected of belonging to armed 
groups were subjected to torture during interrogation. According to the 
Daily Star, the statement denied that any detainees had undergone ``any 
sort of physical or psychological torment in order to force them to 
give false testimonies.''
    The Government acknowledged that violent abuse of detainees 
sometimes occurred during preliminary investigations at police stations 
or military installations where suspects were interrogated without an 
attorney. Such abuse occurred despite national laws that prevent judges 
from accepting confessions extracted under duress.
    In June 2007 security forces arrested five dual Australial-Lebanese 
citizens--Hussein Elomar, Omar al-Hadba, Ibrahim Sabbough, Ahmed 
Elomar, and Mohammed Bassel--during a raid on al-Habda's workshop in 
Tripoli on suspicion of supplying weapons to FAI. Security forces 
reportedly broke Hussein Elomar's jaw in detention and forced his 
nephew, Ahmed Elomar, to stand for long periods of time and beat him 
severely if he tried to rest. Ahmed's injuries included damage to his 
knee. Police dropped charges against Ahmed Elomar and Mohammed Bassel. 
The other individuals remained in custody at year's end.
    Abuses also occurred in areas outside the Government's control, 
including in Palestinian refugee camps. During the year there were 
reports that members of various Palestinian factions and foreign 
militias detained their rivals during clashes over territorial control 
of the camps, particularly in the north and south.

    Prison and Detention Center Conditions.--Prison conditions were 
poor and did not meet minimum international standards. Prisons were 
overcrowded, and sanitary conditions, particularly in the women's 
prison, were very poor. According to HRW failure to provide appropriate 
medical care and negligence of authorities were likely causes of 13 
deaths in prisons during the year. The Government did not consider 
prison reform a high priority. The number of inmates was estimated to 
be 4,700, including pretrial detainees and remand prisoners. The 
Government made a modest effort to rehabilitate some inmates through 
education and training programs.
    Overcrowding and limited prison facilities meant that pretrial 
detainees were often held together with convicted prisoners, and 
juveniles may have occasionally been held together with adults during 
the year.
    The Government permitted independent monitoring of prison 
conditions by local and international human rights groups and the 
International Committee of the Red Cross (ICRC). In February 2007 the 
ICRC and judicial and security authorities signed a protocol enabling 
the ICRC to visit all prisons in the country in accordance with decree 
8800. According to its 2007 annual report released on May 27, the ICRC 
carried out 59 visits, visited 6,764 detainees, and monitored the cases 
of 415 detainees in 2007. According to its January-April report on its 
activities in the country, the ICRC carried out 15 visits to detainees 
in seven prisons to monitor conditions and the treatment of detainees 
so far during the year. The ICRC's 2008 report detailing their 
activities for the rest of the year had not been issued by year's end.

    d. Arbitrary Arrest or Detention.--Although the law requires 
judicial warrants before arrests, except in immediate pursuit 
situations, the Government arbitrarily arrested and detained persons.

    Role of the Police and Security Apparatus.--The ISF, under the 
Ministry of Interior (MOI), enforces laws, conducts searches and 
arrests, and refers cases to the judiciary while the State Security 
Apparatus, which reports to the prime minister, and the Surete Generale 
(SG), which is under the MOI, control the borders. The LAF may arrest 
and detain suspects on national security grounds. Both the State 
Security Apparatus and the SG collect information on groups deemed a 
possible threat to state security.
    Laws against bribery and extortion by government security officials 
and agencies also apply to the police force. In practice, however, a 
lack of strong enforcement limited their effectiveness. The Government 
acknowledged the need to reform law enforcement, but the lack of 
political stability and security hampered these efforts. The ISF 
maintained three hot lines for complaints, which are believed to 
operate efficiently. Operation centers are set up for North Lebanon, 
South Lebanon, Biqa', Mount Lebanon, and Beirut. Each operation center 
receives approximately 50 calls per day with the exception of the 
Beirut operation center, which receives approximately 100 calls per 
day. Depending on the urgency and the seriousness of the calls, the ISF 
dispatches its forces for assistance. During times of security 
instability, these centers receive a greater number of calls.

    Arrest and Detention.--Military intelligence personnel made arrests 
without warrants in cases involving military personnel and those 
involving espionage, treason, weapons possession, and draft evasion. 
According to ISF statistics, of the 4,686 persons held in prison, 2,780 
had not been convicted of crimes. Also, there were reports that 
security forces arrested civilians during the May clashes without 
warrants.
    The law generally requires a warrant for arrest and provides the 
right to a lawyer, a medical examination, and referral to a prosecutor 
within 48 hours of arrest. If a detainee is held longer than 48 hours 
without formal charges, the arrest is considered arbitrary and the 
detainee must be released. In such cases officials responsible for the 
prolonged arrest may be prosecuted on charges of depriving personal 
freedom. A suspect caught in the act of committing a crime must be 
referred to an examining judge, who decides whether to issue an 
indictment or order the release of the suspect. Bail is available in 
all cases regardless of the charges. Family members were allowed to 
visit detainees every Tuesday, Thursday, and Saturday.
    Many provisions of the law were not observed in practice, and 
security forces and extralegal armed groups continued the practice of 
arbitrary arrest and detention.
    On April 26, Hizballah members detained Karim Pakzad, who was 
representing the French Socialist Party at a two-day socialist 
conference held in Beirut, and another person who were taking pictures 
at a Hizballah stronghold. After interrogating the two for four hours, 
Hizballah released them.
    On August 15, Hizballah members detained Brazilian journalist 
Marcos Losekanna de Paulo Pimentel and Beirut-based Brazilian BBC 
journalist Tarek Saleh and interrogated them for five hours. The 
journalists were working on a story about a diner located in 
Hizballah's stronghold in the southern suburbs of Beirut that sold 
sandwiches named after weapons, dishes inspired by terrorist attacks, 
and snacks wrapped in camouflage paper.
    In mid-September Hizballah members detained five employees from 
LebanonFiles.com who were conducting a survey in the southern Beirut 
suburb of Dahiyeh. The employees were reportedly interrogated for six 
hours before being released.
    A November 2007 UN Commission for Human Rights working group cited 
as an example of arbitrary detention the UNIIIC arrest of four Lebanese 
generals for the 2005 assassination of former PM Rafiq Hariri. The 
generals remained in prison at year's end. On August 6, Investigative 
Magistrate Saqr Saqr turned down a request for the release of the four 
generals. Separately, Saqr released two of another nine detainees held 
for giving false information related to the Hariri investigation. On 
August 26, the lawyers for one of the generals, General Security Major 
General Sayyed, filed a lawsuit in France against former UN Chief 
Investigator Detlev Mehlis for distorting the investigation and calling 
false witnesses.
    Palestinian refugees were subject to arrest, detention, and 
harassment by state security forces and rival Palestinian factions.
    Human rights activists believed that there were numerous Lebanese 
and Palestinians from Lebanon in prolonged and often secret detention 
in Syria. The NGO Support of Lebanese in Detention and Exile (SOLIDE) 
estimated that more than 600 Lebanese prisoners remained in Syria. On 
August 20, Justice Minister Ibrahim Najjar stated in a televised 
interview that there were 745 Lebanese citizens missing in Syria, 
divided into two categories: convicted criminals and victims of 
``enforced disappearances.'' Najjar was the first government official 
to publicly classify the detainees.
    On September 7, the Syrian delegation of the joint Lebanese-Syrian 
commission charged with investigating the missing individuals presented 
a list of 115 names of convicted Lebanese citizens held in Syrian 
jails; however, the Syrian list differed from the Lebanese delegation's 
list and contained names only of convicted Lebanese, rather than any of 
those classified as ``enforced disappearances,'' the primary focus of 
human rights activists. According to SOLIDE, at year's end the Syrian 
delegation had not granted approval for Lebanese judges to check on the 
prisoners, although it agreed in principle.
    During the year there were no reports of Syrian forces operating in 
the country carrying out searches, arrests, or detentions of citizens 
outside any legal framework.

    e. Denial of Fair Public Trial.--While the constitution provides 
for an independent judiciary, in practice the judiciary was subject to 
political pressure, particularly in the appointments of key prosecutors 
and investigating magistrates. Influential politicians, as well as 
Syrian and Lebanese intelligence officers at times intervened and 
protected their supporters from prosecution. With UNIIIC support, 
however, the judiciary continued to detain once-powerful security and 
intelligence chiefs who had cooperated with Syria's occupation. Despite 
intimidation generated by a series of unresolved political 
assassinations committed by unidentified assailants beginning in 2004, 
the aftermath of the 2005 assassination of Rafiq Hariri led to gradual 
progress in eliminating political and security influence over the 
judiciary.
    The judicial system consists of a council to determine the 
constitutionality of newly adopted laws upon the request of 10 members 
of parliament; the civilian courts; the military court, which tries 
cases involving military personnel and civilians in security-related 
issues; and the Judicial Council, which tries national security cases. 
There are also tribunals of the various religious affiliations, which 
adjudicate matters of personal status, including marriage, divorce, 
inheritance, and child custody. The religious Shari'a courts are often 
used by both the Shia and Sunni religious communities to resolve family 
legal matters. There are also religious family courts in the various 
Christian-sect and Druze communities.
    The military court has jurisdiction over cases involving the 
military as well as those involving civilians in espionage, treason, 
weapons possession, and draft evasion cases. Civilians may be tried for 
security issues, and military personnel may be tried for civil issues. 
The military court has two tribunals: the permanent tribunal and the 
cassation tribunal. The latter hears appeals from the former. A 
civilian judge chairs the higher court. Defendants on trial under the 
military tribunal have the same procedural rights as defendants in 
ordinary courts.
    The Judicial Council is a permanent tribunal of five senior judges 
that adjudicates threats to national security and some high-profile 
cases. Upon the recommendation of the minister of justice, the cabinet 
decides whether to try a case before this tribunal. Defendants before 
the Judicial Council had the same procedural rights as other 
defendants; however, there was no right to appeal and judges had the 
discretion to order the generally public sessions be closed. On 
September 18, the cabinet referred the assassination case of Saleh 
Aridi to the Judicial Council, which was already considering the 
assassination cases of MPs Walid Eido, Antoine Ghanem, and Pierre 
Gemayel.
    The Ministry of Justice (MOJ) appoints all other judges, taking 
into account the sectarian affiliation of the prospective judge. A 
shortage of qualified judges impeded efforts to adjudicate cases 
backlogged during the years of internal conflict. Trial delays were 
aggravated by the Government's inability to conduct investigations in 
areas outside of its control, specifically in the Hizballal-controlled 
areas in the south and in the 11 Palestinian-controlled refugee camps 
in the country.

    Trial Procedures.--There is no trial by jury; trials were generally 
public, but judges had the discretion to order a closed court session. 
Defendants have the right to be present at trial and the right of 
timely consultation with an attorney. While defendants do not have the 
presumption of innocence, they have the right to confront or question 
witnesses against them, but they must do so through the court panel, 
which decides whether or not to permit the defendant's question. 
Defendants and their attorneys have access to government-held evidence 
relevant to their cases and the right of appeal. These rights generally 
were observed. While there was no state-funded public defender's 
office, the bar association operated an office for those who could not 
afford a lawyer, and a lawyer was often provided for indigent 
defendants. A member from the Beirut Bar Association's Legal Aid 
Committee estimated that as many as 20 percent of the cases did not 
receive proper representation; however, this was believed to be related 
to the competence of the lawyer handling the case.
    Palestinian groups in refugee camps operated an autonomous and 
arbitrary system of justice not under the control of the state. For 
example, local popular committees in the camps attempted to resolve 
disputes using tribal methods of reconciliation. If the case involved a 
killing, the committees occasionally handed over the perpetrator to 
state authorities for trial.

    Political Prisoners and Detainees.--During the year there were no 
reports of political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--While there is an 
independent judiciary in civil matters, in practice it was seldom used 
for bringing civil lawsuits for seeking damages for human rights 
violations committed by the Government. During the year there were no 
examples of a civil court awarding an individual compensation for human 
rights violations committed against them by the Government.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--While the law prohibits such actions, authorities 
frequently interfered with the privacy of persons regarded as enemies 
of the Government. The law requires that prosecutors obtain warrants 
before entering homes, except when the security forces are in close 
pursuit of armed attackers; these rights were generally observed.
    The Army Intelligence Service monitored the movements and 
activities of members of opposition groups. Although the law regulates 
eavesdropping, security services continued to eavesdrop without prior 
authorization.
    Militias and non-Lebanese forces operating outside the area of 
central government authority also frequently violated citizens' privacy 
rights. Various factions used informer networks and monitoring of 
telephones to obtain information regarding their perceived adversaries.
    There were no developments in the 2005 decree to create an 
independent judicial committee to receive telephone-tapping complaints 
and permit security services to monitor criminals' telephones. 
Similarly, there were no developments in the 2005 decree to create a 
centralized unit to supervise tapping telephones related to military 
personnel only. During a parliamentary session on August 26, Parliament 
Speaker Berri announced his intention to form a parliamentary 
investigative committee to look into telephone-tapping. Telecom 
Minister Gebran Bassil also noted the same day the need to formally 
regulate the practice of the country's two cellular telephone service 
providers in supplying information to any individual or party.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Internal strife along confessional divides and between the Government 
majority and the opposition continued to plague the country throughout 
the year, and militant groups committed violence against political 
figures and government institutions.
    On January 15, an explosion targeted a diplomatic embassy vehicle, 
killing three persons in an adjacent vehicle and injuring two security 
employees.
    On January 25, a car bomb killed ISF Information Technology 
Intelligence branch head Captain Wissam Eid and three others and 
injured 36. Eid played a significant role in a number of sensitive 
investigations, including the assassination of PM Rafiq Hariri.
    On January 27, violent riots broke out when youth from the 
predominantly Shia Muslim area of Shiyah were protesting what they 
perceived to be discriminatory power cuts. When an Amal movement 
official was killed by unknown gunfire, the riots turned violent with 
protesters throwing stones and setting cars ablaze. The riots led to 
the death of seven civilians, including the Amal Movement official, and 
more than 19 injured. On February 2, the LAF arrested 17 persons, 
including 11 soldiers and three officers, for their excessive use of 
force in containing the protests. Investigations were ongoing at year's 
end.
    On April 20, two Phalange party supporters, Nasri Marouni and Salim 
Assi, were killed during the inauguration of the Phalange headquarters 
in Zahle. Alleged suspects Joseph and Tony Zouki, supporters of pro-
"March 8 Alliance'' MP Elie Skaff, remained at large.
    Between May 7 and 21, Hizballal-led opposition fighters occupied 
parts of downtown Beirut to protest two government decisions taken 
against Hizballah. Armed clashes ensued between the predominantly Shia 
opposition and Sunnis aligned with the majority. The takeovers targeted 
Sunni-run political party offices and media outlets. Armed clashes also 
broke out between Druze and Hizballah in the mountains and between 
Sunnis and Alawites in the north. The May conflict reportedly resulted 
in more than 80 deaths and 250 injuries.
    According to HRW, during the May conflict members of the opposition 
groups Hizballah, Amal, and the Syrian Socialist National Party (SSNP) 
used small arms and rocket-propelled grenades (RPGs) in densely 
populated areas of Beirut, killing numerous civilians. For example, HRW 
reported that on May 8, opposition gunmen shot and killed Amal Baydoun 
and her son, Haytham Tabbarah with an RPG while they were trying to 
flee their Ras al-Nabaa neighborhood. Opposition gunmen shot and 
injured Tabbarah's two brothers later that day while they were trying 
to join their family at the hospital.
    Also during May supporters of the progovernment groups Future 
Movement and the Progressive Socialist Party (PSP) also resorted to 
violence against civilians and offices associated with opposition 
groups in areas under the progovernment groups' control in northern 
Lebanon, the Biqa', and the Shouf. According to Hizballah, PSP fighters 
detained and then executed two Hizballah followers. After examining 
photos of the two Hizballah members, HRW reported that at least one had 
been shot in the head at close range while the other appeared to have 
had part of the skin of his forearm removed. In Halba, a village in the 
north, armed Sunnis killed members of the SSNP after they had 
surrendered.
    On May 31, a blast killed Lebanese soldier Ossama Hassan at an army 
intelligence post in the northern village of al-Abdeh near the northern 
city of Tripoli. In two separate attacks on August 13 and September 29, 
culprits bombed buses packed with LAF soldiers on their way to work in 
Tripoli, killing 20 persons, including 14 soldiers, and injuring more 
than 90. On October 28, the public prosecutor issued charges against 34 
suspects accused of carrying out terrorist attacks, including the 
attack on the intelligence post and the Tripoli bus bombings. If 
convicted the 26 detained suspects and the eight who remained at large 
could face the death penalty.
    On September 10, unknown actors planted a car bomb that killed 
Druze opposition figure Saleh Aridi and injured six others. Aridi 
reportedly played a major role in the reconciliation efforts of Druze 
leaders Walid Jumblatt and Talal Arslan following the May conflict.
    In June 2007 HRW reported that LAF and ISF forces arbitrarily 
detained and physically abused some Palestinian men fleeing the 
fighting in the Nahr al-Barid refugee camp. During the conflict the LAF 
interrogated many men as they left the camp and detained those 
suspected of supporting or having information about FAI. The LAF 
interrogated some Palestinian detainees at the Kobbeh military base 
near Tripoli, approximately 10 miles from Nahr al-Barid. HRW reported 
that other interrogations took place at checkpoints and private houses 
near the camp.
    In one case documented by HRW in June 2007, the Lebanese military 
detained a Palestinian man from Nahr al-Barid for interrogation at 
different locations for four days. During the interrogations, army 
interrogators reportedly punched and slapped him, giving him food only 
twice in four days. HRW also reported that members of the Lebanese 
military intelligence allegedly subjected detainees to kicks, punches, 
and beatings with rifle butts during interrogation.
    The Nahr al-Barid conflict caused other humanitarian concerns. 
Palestinian refugees and Lebanese displaced by the violence were 
without running water, sewage, or electricity for weeks. Refugees who 
left the camp were treated for dehydration, diarrhea, and stomach 
illnesses, and the regular UNRWA-run health care clinics in the camp 
were not fully functioning due to security problems.
    Members of international humanitarian organizations were attacked 
by FAI when attempting to enter the Nahr al-Barid camp. In May 2007, UN 
High Commissioner for Human Rights Louise Arbour condemned an attack by 
FAI on a UN aid convoy at Nahr al-Barid during the conflict that 
claimed the lives of two Palestinian refugees.
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, although journalists continued to feel 
intimidation, compounded by the May conflict. Individuals are free to 
criticize the Government but are legally prohibited from publicly 
criticizing the President.
    Dozens of newspapers and hundreds of periodicals were published 
throughout the country and were financed by and reflected the views of 
various local, sectarian, and foreign interest groups. There was very 
limited state ownership of newspapers and periodicals. Of the seven 
television and 33 radio stations, all but one television and one radio 
station were owned privately. The majority of media outlets had 
political affiliations, and a news station's political affiliations 
sometimes hampered its ability to operate freely.
    Despite a general increase in media freedom since 2005, the tense 
political atmosphere, weak judiciary, and the Government's failure to 
apprehend the perpetrators of the 2005 killings of journalists Samir 
Kassir and Gibran Tueni meant that journalists continued to feel 
intimidated. Partly due to the political divisions in the country, 
several journalists received threats from parties, politicians, or 
their fellow journalists.
    The law permitted censoring of pornographic, political opinion, and 
religious materials when they were considered a threat to national 
security. The SG reviews and censors all foreign newspapers, magazines, 
and books before they enter the country. The law also prohibits attacks 
on the dignity of the head of state or foreign leaders. The Government 
may prosecute offending journalists and publications in the 
Publications Court. The 1991 security agreement between the Government 
and Syria, still in effect, contains a provision that prohibits the 
publication of any information deemed harmful to the security of either 
state. The media also practiced self-censorship at times due to fear of 
reprisal.
    On May 9, Hizballal-led opposition fighters forced the pro- March 
14 Future News television station and Radio al-Sharq to stop their 
transmission for four days. Using the LAF as an interlocutor, the 
gunmen threatened that if the employees did not suspend transmission, 
they would destroy the buildings. Management suspended transmission, at 
which point the gunmen entered the premises and cut all cables in the 
studio to guarantee no rebroadcast. Hizballah gunmen also set fire to 
the Future News archives building, destroying all records. On the same 
day, the gunmen also burned parts of March 14 majority leader Saad 
Hariri's Al-Mustaqbal newspaper offices as well as the Armenian radio 
station Sevan, located in the same building.
    On November 27, a Beirut criminal court dismissed slander charges 
against Muhammad Mugraby, a prominent lawyer and human rights activist, 
resulting from a speech he gave to a European Parliament delegation in 
Brussels in 2003. Beirut public prosecutor Joseph Maamari appealed the 
verdict on December 11. The speech criticized the Government for using 
the judiciary, particularly the military court, to suppress dissent. 
Mugraby also condemned the use of torture to coerce confessions from 
suspects and the court-ordered closure in 2002 of a television station 
that had criticized the authorities. Eight other legal actions were 
pending against Mugraby, including criminal actions initiated by the 
Higher Judicial Council, former and current judges, and the Beirut Bar 
Association.
    There were no developments in the appeal filed by Al-Mustaqbal 
editor in chief Tawfiq Khattab and staff reporter Fares Khashan; 
authorities fined the two 50 million pounds ($33,000 ) each for libel 
and damaging the reputation of President Lahoud in 2006.
    The 2006 case in which the Lebanese Broadcasting Corporation (LBC) 
broadcast a show that ridiculed Hizballah Secretary General Hassan 
Nasrallah remained pending with the cabinet at year's end.
    Also in 2006 the minister of justice filed a complaint against Al-
Akhbar newspaper for alleging that two members of the Judicial Council 
had met with the head of the ISF Intelligence Department to discuss 
judicial appointments.
    Most judicial cases launched in previous years against journalists 
were not pursued during the year. Investigations into the 2005 killings 
of Samir Kassir and Gebran Tueni and the 2005 attack on May Chidiac 
continued at year's end. There were no developments in the 2005 case 
against Al-Mustaqbal reporter and Future TV anchor Zahi Wehbe.

    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 and 
Internet discussion groups. The International Telecommunications Union 
indicated that the Internet penetration rate in Lebanon was 26.6 
percent, with 950,000 Internet users. Internet access was publicly 
available, and the Government continued to expand its high-speed 
infrastructure. The SG and MOJ sometimes contacted Internet providers 
to block pornographic and religiously provocative sites.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom; however, the Government censored 
films, plays, and other cultural events. Filmmakers, playwrights, 
festival organizers, and others practiced self-censorship.
    The SG reviews all films and plays and prohibits those that offend 
religious or social sensitivities. On March 26, the SG banned the 
Oscal-nominated film Persepolis, which portrayed the Islamic Revolution 
in Iran, then reversed its decision the following day. In 2006 the SG 
prohibited the film The Da Vinci Code, and it obliged playwright Lina 
Khoury to revise a play inspired by The Vagina Monologues.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government sometimes restricted this right. The MOI required prior 
approval to hold rallies, and groups opposing government positions 
sometimes were not granted permits.
    On May 7, the General Labor Confederation's (GLC) strike calling 
for an increase in the minimum wage was called off soon after it 
started, when the demonstrators were unable to reach their designated 
demonstration points after opposition forces had taken advantage of the 
strike to set up roadblocks and burning tires in the streets. This led 
to the May conflict in and around Beirut. The roadblocks and burning 
tires remained in place until the Doha agreement was concluded on May 
21. The opposition ``sit-in'' that began in 2006 also ended on May 21.
    In January 2007 security forces failed to protect protestors in two 
instances: the Hizballal-led strike that left three dead and 133 
injured and the Beirut Arab University violence, which killed four 
persons and injured more than 150. In June 2007 security forces 
reportedly fired on Palestinian refugees protesting in Nahr al-Barid 
camp, killing three and injuring 50.

    Freedom of Association.--The law provides for freedom of 
association and the Government did not interfere with most 
organizations; however, it imposed limits on this right. The law 
requires every new organization to submit a notification of formation 
to the MOI, which issues a receipt. However, the MOI sometimes imposed 
additional and inconsistent restrictions and requirements and withheld 
receipts, turning the notification process into a de facto approval 
process. For example, the MOI in some cases sent notification of 
formation papers to the security forces to conduct inquiries on an 
organization's founding members. On February 22, the Lebanese Center 
for Human Rights received the MOI's receipt of acceptance for the 
notification it submitted in 2006.
    Organizations also must invite MOI representatives to any general 
assembly where votes are held for by-law amendments or when elections 
are held for positions on the board of directors. The MOI must then 
validate the vote or election; failure to do so could result in the 
dissolution of the organization.
    The MOI did not immediately validate the February 28 elections of 
the Israeli Communal Council, representing the small Jewish community 
and Jewish property owners who do not reside in the country. Similar to 
the previous two such elections, the MOI did not validate them until 
May 15, following diplomatic intervention.
    The cabinet must license all political parties. The Government 
scrutinized requests to establish political movements or parties and to 
some extent monitored their activities. The Army Intelligence Service 
monitored the movements and activities of members of some opposition 
groups.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion and the freedom to practice all religious rites, provided that 
the public order is not disturbed. The Government generally respected 
these rights; however, there were some restrictions.
    Formal recognition by the Government is a legal requirement for 
religious groups to conduct most religious activities. The group must 
ensure the number of its adherents is sufficient to maintain its 
continuity.
    Alternatively, religious groups may apply for recognition through 
existing religious groups. Official recognition conveys certain 
benefits, such as tal-exempt status and the right to apply the 
recognized religion's codes to personal status matters. Each recognized 
religious group has its own courts for family law matters, such as 
marriage, divorce, child custody, and inheritance. Although the 
Government did not recognize officially some Baha'i, Buddhist, Hindu, 
and Protestant Christian groups, they were allowed to practice their 
faith without government interference; however, their marriages, 
divorces, and inheritances in the country were not recognized under the 
law.
    Protestant evangelical churches are required to register with the 
Evangelical Synod, which represents those churches to the Government. 
Representatives of some churches complained that the Synod has refused 
to accept new members since 1975, thereby preventing their clergy from 
ministering to adherents in accordance with their beliefs. The 
Pentecostal Church applied for recognition from the Evangelical Sect, 
but the leadership of the Evangelical Sect, in contravention of the 
law, refused to register new groups. The Pentecostal Church pursued 
recourse through the MOI; however, at year's end it had not been 
registered.
    Although the law stipulates that anyone who ``blasphemes God 
publicly'' may face imprisonment for up to one year, no prosecutions 
were reported under this law during the year.
    The unwritten ``National Pact'' of 1943 stipulates that the 
President, the prime minister, and the speaker of parliament be a 
Maronite Christian, a Sunni Muslim, and a Shia Muslim, respectively. 
The 1989 Taif Accord, which ended the country's 15-year civil war, 
reaffirmed this arrangement but also codified increased Muslim 
representation in parliament and reduced the power of the Maronite 
President.
    Religious affiliation is encoded on national identity cards and 
indicated on civil status registry documents but not on passports, and 
the Government complied with requests of citizens to change their civil 
records to reflect their new religious status.
    The law provides that only religious authorities may perform 
marriages; however, civil marriage ceremonies performed outside the 
country were recognized by the Government.
    There were no legal barriers to proselytizing; however, traditional 
attitudes and edicts of the clerical establishment strongly discouraged 
such activity.

    Societal Abuses and Discrimination.--Societal harassment and 
discrimination based on religion occurred, and the Government failed to 
prevent or punish such actions. There were approximately 100 Jews in 
the country and 6,000 registered Jewish voters who lived abroad but 
could vote in parliamentary elections.
    During the year Hizballah directed strong rhetoric against Israel 
and the Jewish population, and it cooperated in the publishing and 
distribution of anti-Semitic literature. Lebanese media outlets such as 
Al-Manar TV, which is controlled and operated by Hizballah, as well as 
independent newspapers, such as Al-Nahar and Al-Mustaqbal, continued to 
publish anti-Semitic material and drew no government response.
    On April 16, representatives from the Israeli Communal Council, the 
legally registered Jewish organization, reported acts of vandalism and 
theft committed against a Jewish-owned cemetery in downtown Beirut 
where Hizballah flags had been raised.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    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 for 
Lebanese citizens but placed limitations on the rights of Palestinian 
refugees.
    The Government maintained security checkpoints, primarily in 
military and other restricted areas. There were few police checkpoints 
on main roads or in populated areas. The security services used 
checkpoints to conduct warrantless searches for smuggled goods, 
weapons, narcotics, and subversive literature. Security forces were 
unable to enforce the law in the predominantly Hizballah Beirut 
southern suburbs and did not typically enter the Palestinian refugee 
camps.
    The law prohibits direct travel to Israel. After the cancelation in 
2005 of mandatory military service, there was no limitation on the 
travel of young men.
    The law prohibits forced exile, and it was not used.

    Internally Displaced Persons (IDPs).--According to international 
humanitarian organizations, a significant number of persons remained 
displaced from the 1975-90 civil war and the July 2006 war. Estimates 
from the Ministry of Displaced and the World Bank of persons displaced 
by the civil war range from 500,000 to 800,000, with an estimated 20-25 
percent having returned home.
    During the year there were no substantiated reports that the 
Government deliberately attacked IDPs or made efforts to obstruct 
access of international humanitarian organizations from assisting IDPs 
in returning to their residence. Similarly, there were no reports that 
the Government forcibly resettled IDPs.
    The Government continued to encourage IDPs displaced during the 
1975-90 civil war to return, reclaim their property, and rebuild their 
homes. Despite this encouragement, many have not attempted to reclaim 
and rebuild their property due to the hazardous social and economic 
situation in some areas.
    The second primary category of IDPs is those individuals displaced 
during the July 2006 conflict between Israel and Hizballah. The 
Government encouraged the hundreds of thousands of internally displaced 
persons to return to their homes. According to the Internal 
Displacement Monitoring Center, at the height of the conflict, up to 
one million persons fled their homes; approximately 735,000 were 
internally displaced, while some 230,000 fled to neighboring countries. 
According to the Government's Higher Relief Council, more than 700,000 
displaced persons and refugees returned to their homes. While the 
Office of the UN High Commissioner for Refugees (UNHCR) believed there 
was no official and reliable figure, according to its data on the 
number of houses completely destroyed and damaged, the UNHCR reported 
that 40,000-70,000 persons remained displaced at year's end.
    During the 2006 conflict, the Government opened public schools to 
provide shelter for the individuals displaced from the south.

    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 mechanisms to provide assistance. The Government 
cooperated with the United Nations Relief and Works Agency for 
Palestine Refugees in the Near East (UNRWA) and with the UNHCR and 
other humanitarian organizations in assisting refugees and asylum 
seekers. According to the UNHCR, the main theoretical protection 
against the refoulement of refugees was Article 3 of the CAT, to which 
Lebanon is a party. A number of judges have ruled that Article 3 was 
applicable to refugees, thus stopping their deportation or expulsion. 
However, this has not been systematic. Similarly, the SG has in most 
cases not implemented deportation orders against refugees, but there 
have been exceptional cases where Article 3 of the CAT was violated. 
The Government also provided temporary protection to individuals who 
may not qualify as refugees under the 1951 convention or the 1967 
protocol. According to the UNHCR, the Government has not officially 
provided temporary protection to refugees. However, in practice there 
has been a policy of tolerance that permitted many undocumented 
refugees not to be arrested or detained. This has been the case for the 
estimated 50,000 Iraqis.
    A 2003 agreement between the SG and the UNHCR recognizes and grants 
protection to non-Palestinian refugees, providing temporary relief for 
those seeking determination of refugee status. Those wishing to claim 
refugee status must do so within two months of arriving in the country. 
The SG issues residence permits, valid for three months, during which 
time the UNHCR must make a refugee status determination. The SG 
extended residency permits for up to 12 months for those accorded 
refugee status by the UNHCR. The Government granted admission and 
temporary (six months) refuge to asylum seekers but not permanent 
asylum. The SG sometimes arbitrarily detained asylum seekers at its 
detention facility for more than a year before deporting them.
    UNRWA has the sole mandate to provide health, education, social 
services, and emergency assistance to Palestinian refugees residing in 
the country as well as in the West Bank, Gaza, Syria, and Jordan. As of 
September 30, there were approximately 419,285 UNRWA-registered 
Palestinian refugees living in or near 12 camps throughout the country. 
The vast majority of Palestinian refugees were those displaced during 
the Arab-Israeli war of 1948 and their descendents. Additional 
Palestinians arrived in 1967 after the Six-Day War and in the 1970s 
after many were expelled from Jordan.
    Palestinian refugees residing in the country were not able to 
obtain Lebanese citizenship and were not citizens of any other country. 
However, Palestinian refugee women married to Lebanese men were able to 
obtain citizenship and transmit Lebanese citizenship to their children. 
Palestinian refugees have limited social and civil rights, restricted 
access to governmental public health and education, and no access to 
public social services. The majority rely entirely on UNRWA for 
education, health, relief, and social services. Lebanon is the only 
country in which UNRWA operates secondary schools to address restricted 
access to public schools and the high costs of private schools. 
Palestinian refugees in the country have the worst socioeconomic 
situation in all of UNRWA's five fields of operations resulting in the 
highest percentage of Special Hardship Cases (SHCs). SHCs receive 
direct humanitarian support from UNRWA, including food aid, cash 
assistance, and shelter rehabilitation. There were approximately 50,144 
registered SHCs during the year, which totaled 12 percent of the 
registered Palestinian refugee population in the country, in comparison 
with 9 percent in Gaza and 3 percent in Jordan.
    According to a credible international human rights group, 
Palestinian refugees faced severe restrictions in their access to work 
opportunities and diminished protection of their rights at work. Very 
few Palestinians received work permits, and those who found work 
usually were directed into unskilled occupations. Some Palestinian 
refugees worked in the informal sector, particularly in agriculture and 
construction. Palestinian incomes continued to decline. In 2005 the 
minister of labor issued a memorandum authorizing Palestinian nationals 
born in the country and duly registered with the MOI to work in 50 (out 
of 72) professions banned to foreigners. However, there were no 
indications that this memorandum was implemented consistently.
    Property laws do not explicitly target Palestinian refugees but bar 
those who are not bearers of nationality of a recognized state from 
owning land and property. Under this law Palestinians may not purchase 
property, and those who owned property prior to the 2001 issuance of 
this law are prohibited from passing it on to their children. The 
parliament justified these restrictions on the grounds that it was 
protecting the right of Palestinian refugees to return to the homes 
they fled after the creation of the state of Israel in 1948. All other 
foreigners may own a limited-size plot of land, but only after 
obtaining the approval of five different district offices.
    The amount of land allocated to official refugee camps in the 
country has only marginally changed since 1948, despite a fourfold 
increase in the registered refugee population. Two refugee camps 
previously destroyed in the civil war were never reconstructed. 
Consequently, most Palestinian refugees lived in overpopulated camps 
that suffered repeated heavy damage as a result of fighting during the 
1975-90 civil war, the 1980s Israeli invasion of the country, 
continuing camp feuds, the July-August 2006 conflict between Israel and 
Hizballah, and the Mal-September 2007 Nahr al-Barid conflict. The 
Government generally prohibited the construction of permanent 
structures in the camps on the grounds that such construction 
encouraged refugee settlement in the country. Refugees frequently 
feared that the Government might reduce the size of the camps or 
eliminate them completely.
    Over the last three years, the Government, in coordination with 
UNRWA, took concrete steps to improve relations between Palestinian 
refugees and the Lebanese community and address the housing conditions 
in the camps. In October 2005 Prime Minister Siniora supported the 
launch of UNRWA's multiyear Early Recovery Plan and Camp Improvement 
Initiative to support new infrastructure development projects, by 
improving housing and upgrading sewage, water, and electricity systems 
in the camps.
    According to the Internal Displacement Monitoring Center, 16,000 
Palestinian refugees were displaced at the height of the July 2006 
conflict.
    As a result of the Mal-September 2007 Nahr al-Barid conflict, an 
estimated 35,000 Palestinian refugees were displaced. The majority 
sought shelter with host families in the neighboring Beddawi camp in 
northern Lebanon, while several hundred families sought shelter in 
UNRWA as well as government-run schools throughout the north of the 
country. In October 2007 refugees began returning to the ``new camp'' 
along the periphery of Nahr al-Barid. In September UNRWA estimated that 
approximately 2,400 families had returned to the ``new camp.'' UNRWA 
estimated that there were approximately 5,300 families in the camp 
before the Nahr al-Barid conflict.
    During and after the fighting in Nahr al-Barid in September 2007, 
the Government provided emergency relief, with assistance from UNRWA, 
the international donor community, and relief nongovernmental 
organizations (NGOs), to Palestinian refugees who had fled Nahr al-
Barid. UNRWA, in coordination with the Government, provided temporary 
housing in schools in nearby Beddawi camp and started efforts to begin 
removing the rubble in preparation for new camp housing to be built. 
Most humanitarian assistance to refugees was provided through UNRWA's 
2007 and 2008 Emergency Relief Appeal. At year's end small numbers of 
refugees had returned to areas adjacent to the camp; however, a full 
return was expected to take three years or longer. Among the most 
pressing concerns was ensuring temporary accommodation and emergency 
food assistance for refugee families, as well as addressing the loss of 
employment. Displaced communities raised concerns about their security 
and freedom of movement, as security measures tightened in response to 
sporadic clashes in northern Lebanon. In June UNRWA, the Government, 
and the World Bank launched a comprehensive three-year plan to rebuild 
Nahr al-Barid camp and surrounding communities.
    Children of Palestinian refugees faced discrimination in birth 
registration and access to adequate housing, social security, and 
education. The Government did not provide health services or education 
to Palestinian refugees, who relied on UNRWA for these services. Many 
Palestinian children reportedly had to leave school at an early age to 
help earn income. Poverty, drug addiction, prostitution, and crime 
reportedly prevailed in the camps, although reliable statistics were 
not available.
    At year's end the MOI had not rendered a decision on the legal 
status of approximately 4,000 persons who stood to lose Lebanese 
citizenship due to the State Consultative Council's 2003 decision to 
invalidate the 1994 naturalization decree, which naturalized several 
thousand Palestinians.
    The Government issued travel documents to Palestinian refugees to 
enable them to travel and work abroad. The Government did not issue 
visitors visas to Jordanian nationals who were born in the country and 
were of Palestinian origin.
    After Palestinians, the next largest group of refugees in the 
country was Iraqis, of which there were more than 10,407 registered 
with the UNHCR at year's end; however, this number did not include a 
substantial number of Iraqi refugees who entered the country illegally 
in search of jobs, education, and security. According to the UNHCR, an 
estimated 50,000 Iraqis were living in the country. During the year the 
Government provided very limited services for Iraqi refugees and had no 
process for regularizing their status. Due to government inaction and 
Lebanon's not being a party to the 1951 Refugee Convention or the 1967 
Protocol Relating to the Status of Refugees, there remained no 
temporary protection regime for Iraqi asylum seekers, as advocated by 
the UNHCR, and the Government regularly deported Iraqis who may have 
had valid persecution claims. According to a December 2007 HRW report, 
authorities during the year arrested Iraqi refugees without valid visas 
and detained them indefinitely to coerce them to return to Iraq. 
According to the SG, there were 16 detained Iraqis in the country at 
year's end. During the year the SG deported 183 Iraqis to Iraq for 
illegal immigration into Lebanon. From February 18 until June 18, the 
SG granted a grace period for illegal immigrants, including Iraqis, to 
regularize their status and allowed Iraqi detainees an additional three 
months to arrange for new sponsors in Lebanon if they did not wish to 
return to Iraq.

    Stateless Persons.--There were approximately 3,000 Palestinian 
refugees who were registered neither with UNRWA nor with authorities. 
Also known as undocumented, or non-ID Palestinians, most moved to the 
country after the Palestinian Liberation Organization's (PLO) expulsion 
from Jordan in 1971 and faced increased protection issues after the PLO 
leadership departed Lebanon in 1982. Non-ID Palestinians were not 
eligible for assistance from UNRWA, faced restrictions on their 
movements, and lacked access to fundamental rights under the law. The 
vast majority of non-ID Palestinians were males, and UNRWA refugee and 
Lebanese women were unable to transmit their citizenship or refugee 
status to their husbands. In January the Government and Palestinian 
leaders struck a quiet agreement that would grant a new legal status to 
non-ID Palestinians. The Lebanese Palestinian Dialogue Committee (LPDC) 
was working with UNRWA to implement the Government's new policy by 
facilitating the issuance of identification cards to non-ID 
Palestinians.
    There were thousands of Kurds who lived without citizenship despite 
decades of family presence in the country. Most were descendents of 
migrants and refugees who left Turkey and Syria during World War I but 
were denied the right to citizenship in order to preserve the country's 
fragile sectarian balance. The Government issued a naturalization 
decree in June 1994, but high costs and other obstacles prevented many 
from acquiring official status. Approximately 75,000 Kurds resided in 
the country. At year's end an estimated 1,000 to 1,500 Kurds in the 
country lacked official status or held an ``ID under consideration,'' 
which states no date and place of birth.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government in 
periodic, free, and fair elections; however, lack of control over parts 
of the country, defects in the electoral process, and corruption in 
public office significantly restricted this right.

    Elections and Political Participation.--The law provides that 
elections for the parliament must be held every four years and that the 
parliament elects the President every six years. The President and the 
parliament nominate the prime minister, who, with the President, 
chooses the cabinet. According to the unwritten National Pact of 1943, 
the President must be a Maronite Christian, the prime minister a Sunni 
Muslim, and the speaker of parliament a Shia Muslim.
    In 2004, amid evidence of heavy Syrian manipulation and coercion, 
parliament voted for a constitutional amendment extending the term of 
President Emile Lahoud to November 2007. Many citizens considered this 
amendment to violate the constitution. In September 2007 parliament was 
scheduled to meet to begin the process of choosing President Emile 
Lahoud's successor; however, because two-thirds of the members were not 
present, the speaker cancelled the session. In November 2007 President 
Lahoud stepped down at the end of his term and, as stipulated in the 
constitution, the powers of the presidency were transferred to the 
cabinet, led by Prime Minister Fouad Siniora, until the election of a 
new President. The speaker rescheduled the session 19 times due to 
internal political deadlock before President Michel Sleiman was elected 
on May 25.
    In August 2007 parliamentary by-elections in Metn and Beirut were 
held to replace two seats vacated by the assassinations of MPs Pierre 
Gemayel and Walid Eido. The Lebanese Association for Democratic 
Elections monitored the elections and reported a few incidents of voter 
fraud, including instances in which voters used fake identity cards or 
national identity cards instead of the voter identity cards.
    On September 29, parliament approved a new electoral law as part of 
the Doha agreement. The law established an independent election 
commission, abolished the voter card, and provided for one-day 
elections and regulation of campaign finance and media. Out-of-country 
voting provisions were also approved for the 2013 parliamentary 
elections.
    Political parties could organize, seek votes, and publicize their 
views without government restriction. The political system is based on 
confessional lines, and parliamentary seats are allotted on a sectarian 
basis.
    There were four major and numerous smaller political parties. The 
largest party in the parliamentary majority was the Future Movement, 
led by Saad Hariri. Its membership was predominantly Sunni, but 
Hariri's parliamentary bloc included a number of members from other 
sects. The Progressive Socialist Party, led by Walid Jumblatt, 
predominantly represented Druze interests and allied itself with the 
Future Movement. The Free Patriotic Movement, led by Michel Aoun, 
represented a significant portion of the Christian community. The 
party's leadership decided to remain outside the cabinet. Two smaller 
Christian parties were the Lebanese Forces, led by Samir Geagea, and 
the Phalange party, led by former President Amine Gemayel. The largest 
party representing the Shia community was Hizballah, a designated 
terrorist organization, led by Hassan Nasrallah. A smaller Shia party, 
Amal, was led by Speaker of Parliament Nabih Berri. While a number of 
smaller parties existed or were in the process of forming, the larger, 
sectarial-based parties maintained the greatest influence in the 
country's political system.
    There were significant cultural barriers to women's participation 
in politics. Prior to 2005 no woman held a cabinet position; however, 
at year's end there was one woman who was selected as a member of the 
national unity cabinet formed on July 11.
    Minorities were able to participate in politics to some extent. 
Regardless of the number of adherents, every recognized religion was 
given at least one seat in parliament. There were four parliamentarians 
representing minorities (one Evangelical, one Syrian Orthodox, and two 
Alawites.) Additionally, these minority groups held high positions in 
the Ministry of Foreign Affairs and the LAF. Palestinian refugees, 
however, had no political rights. An estimated 17 Palestinian factions 
operated in the country and were generally organized around prominent 
individuals. Most Palestinians lived in refugee camps controlled by one 
or more factions. Refugee leaders were not elected, but there were 
popular committees that met regularly with UNRWA and visitors.

    Government Corruption and Transparency.--The Government provides 
criminal penalties for official corruption, but they were seldom 
enforced, and government corruption was a serious problem. Public 
officials were required by law to disclose their financial assets to 
the Constitutional Council; however, the information was not open to 
the public. The Court of Accounts, the Central Inspection Department, 
and the Disciplinary Board were charged with fighting corruption.
    There are no laws regarding public access to government documents, 
and the Government did not respond to requests for documents.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local and international human rights groups, including 
the Lebanese Association for Human Rights, the Foundation for Human and 
Humanitarian Rights-Lebanon, the National Association for the Rights of 
the Disabled, the ICRC, and AI, generally operated freely without overt 
government restriction and investigated and published their findings.
    Government officials generally were cooperative with NGOs; however, 
following the 2007 Nahr al-Barid conflict, the Government obstructed 
the visit of several international and domestic NGOs, including HRW, 
ALEF, the Palestinian Human Rights Organization (PHRO), and the 
Palestinian Foundation for Human Rights (Shahed), to the refugee camp 
to monitor the conditions of the return of IDPs. During the year the 
Government continued to deny ALEF the right to enter the camp and 
allegedly threatened the organization not to push its request any 
further.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives and other 
organizations such as the ICRC. On May 27, the ICRC released its 2007 
annual report on Lebanon. In February 2007, the Government signed an 
agreement granting the ICRC access to all detainees in the country and 
visits began in March 2007.
    In conjunction with the UN Development Programme and the UN Office 
of the High Commissioner for Human Rights, the Human Rights 
Parliamentary Committee concluded during the year the first phase of 
its Human Rights National Action Plan by publishing 22 of the planned 
24 background papers on various human rights topics. The thrust of the 
endeavor was the development of a roadmap that guides the ministries to 
amend the law where necessary and implement measures, such as improving 
prison conditions, needed to protect and ensure specific human rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equality among all citizens; however, in 
practice, some aspects of the law and traditional beliefs discriminated 
against women. Although the law reserves a percentage of private sector 
and government jobs to persons with disabilities, few accommodations 
were made for them. Discrimination based on race, language, or social 
status is illegal; however, foreign domestic servants often were 
mistreated, sometimes suffered physical abuse, had pay withheld or 
unfairly reduced, or were forced to remain locked within their 
employer's home for the duration of their contracts.

    Women.--The law prohibits rape and the Government effectively 
enforced it. The minimum prison sentence for a person convicted of rape 
is five years, or seven years for raping a minor. Spousal rape was not 
criminalized. According to local NGO KAFA (Enough) Violence and 
Exploitation, 80 percent of domestic violence victims were exposed to 
spousal rape. Even though there were no official statistics on the 
number of abusers that were prosecuted, prosecution was rare according 
to KAFA.
    The law does not specifically prohibit domestic violence, which, 
including spousal abuse, was a problem; however, there were no 
authoritative statistics on its extent. Despite a law prohibiting 
battery with a maximum sentence of three years in prison for those 
convicted, some religious courts legally may require a battered wife to 
return to her home in spite of physical abuse. Women were sometimes 
compelled to remain in abusive marriages because of economic, social, 
and family pressures.
    The Government provided legal assistance to domestic violence 
victims who could not afford it; however, in most cases police ignored 
complaints submitted by battered or abused women. A local NGO, the 
Lebanese Council to Resist Violence against Women (LCRVAW), worked 
actively to reduce violence against women by offering counseling and 
legal aid and raising awareness about domestic violence. From January 
to August, the LCRVAW received 51 cases, excluding consultations it 
received on its hot line. From January to October, KAFA received 133 
cases.
    Foreign domestic servants, usually women, often were mistreated, 
abused, and in some cases raped or placed in slavery-like conditions. 
Asian and African female workers had no practical legal recourse 
available to them because of their low status and isolation and because 
labor laws did not protect them. Because of the prevalence of such 
abuse, the Government prohibited foreign women from working if they 
were from countries that did not have diplomatic representation in the 
country.
    The legal system was discriminatory in its handling of honor 
crimes. According to the penal code, a man who kills his wife or other 
female relative may receive a reduced sentence if he demonstrates that 
he committed the crime in response to a socially unacceptable sexual 
relationship conducted by the victim. For example, while the penal code 
stipulates that murder is punishable by either a life sentence or the 
death penalty, if a defendant can prove it was an honor crime, the 
sentence is commuted to seven years' imprisonment at most. According to 
a March 7 Agence France Presse article, although honor crimes were not 
widespread in the country, every year a number of women were killed by 
male relatives under the pretext of defending family honor. Several 
honor crimes that resulted in convictions were reported in the media.
    Although the law on prostitution requires that brothels be 
licensed, including regular testing for disease, government policy was 
not to issue new licenses for brothels in an attempt gradually to 
eliminate legal prostitution in the country. Therefore, most 
prostitution was unlicensed and illegal. Some prostitutes were Eastern 
European and Russian women that entered the country for sexual 
exploitation. Women working in adult clubs were closely monitored by 
the SG. Their residency permits did not exceed six months, and they 
were deported if they were caught overstaying their permits. Most of 
the women entered the country knowing that they would be working in 
adult clubs.
    The law prohibits sexual harassment; however, it was a widespread 
problem, and the law was not effectively enforced. Social pressure 
against women pursuing careers was strong in some parts of society. Men 
sometimes exercised considerable control over female relatives, 
restricting their activities outside the home or their contact with 
friends and relatives.
    Women suffered discrimination under the law and in practice. Women 
may own property but often ceded control of it to male relatives for 
cultural reasons and because of family pressure. The law provides for 
equal pay for equal work for men and women, but in the private sector 
there was some discrimination regarding the provision of benefits.
    Many family and personal status laws discriminated against women. 
For example, Sunni inheritance law provides a son twice the inheritance 
of a daughter. Although Muslim men may divorce easily, Muslim women may 
do so only with the concurrence of their husbands. Immigration law 
discriminates against women, who may not confer citizenship on their 
spouses and children, except for widows, who may confer citizenship on 
their minor children.

    Children.--There is legislation to make the country compliant with 
the UN Convention on the Rights of the Child, to which it has acceded. 
In order to follow up on the country's commitment to children's rights, 
the Government established in 1994 the Higher Council for Childhood 
(HCC) under the Ministry of Social Affairs. At year's end the HCC was 
working on a National Children Action Plan in conjunction with the 
appropriate parliamentary committees.
    The Government did not register the births of children born in the 
country to Palestinian refugees or non-ID Palestinian parents, 
resulting in the denial of citizenship and restricted access to public 
services, including school and health care. In addition children of 
Lebanese mothers and Palestinian fathers were not granted citizenship. 
Palestinian refugee and non-ID children were restricted from attending 
public secondary schools because they lacked the identity documents 
required to sit for the intermediate schooling exam. However, according 
to the Secretary General of the HCC, although Palestinian refugee 
births were not officially registered, the SG had birth figures adding 
that some Palestinian refugees did attend public schools.
    Other refugees that were in a similar situation to Palestinians 
included Iraqi, Sudanese, and Somali refugees.
    According to an October 15 report by the Integrated Regional 
Information Networks (IRIN), children born in the country of migrant 
domestic workers had no official identity. For Sri Lankans, Filipinos, 
and West Africans, the law allows for a child who is already registered 
in a Lebanese school to have residency. Many children of domestic 
workers faced marginalization and racism because of their parents' 
social status; however, according to the NGO Caritas, marginalization 
and racism were not perceived to exist in schools. No accurate 
statistics on the number of children of domestic workers born in the 
country existed at year's end, although according to a Caritas estimate 
conducted in September, there were approximately 150 children of 
domestic workers born in the country.
    In some families with limited incomes, boys received more education 
than girls.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and it remained a problem.
    The country was a destination for eastern European, Russian, and 
Syrian women who were contracted as dancers in adult clubs and sexually 
exploited. Most of these women engaged in voluntary illegal 
prostitution, but some reported facing intimidation or coercion and 
having their movements restricted, while others were at risk as targets 
of abuse.
    The country also was a destination for women from Africa and Asia, 
usually contracted as household workers. Some of these workers found 
themselves in situations of involuntary servitude under conditions such 
as restrictions on movement, withholding of passports, nonpayment of 
wages, threats, and physical or sexual assault with little practical 
legal recourse.
    A high percentage of traffickers were employers and employment 
agencies.
    Many women became illegal workers because their employers did not 
renew their work and residency permits or because they ran away from 
their employer. These women were subject to detention, rendering them 
vulnerable to trafficking when abusive sponsors used the women's 
illegal immigration status to intimidate them and coerce them into 
labor. Unscrupulous employers sometimes falsely accused the employee of 
theft to relinquish contractual responsibility for the employee as well 
as the taxes and a return airline ticket.
    Employers often restricted foreign employees' movement and withheld 
passports.
    The penal code stipulates that abduction be punished by hard labor 
and that abductors who engage in sexual exploitation be sentenced to at 
least one year in prison. According to the MOJ, there were no 
prosecutions or convictions during the year. NGOs and foreign embassies 
reported that many victims of exploitation and abuse preferred quick 
administrative proceedings, which resulted in monetary settlements and 
repatriations, instead of often lengthy and difficult legal 
proceedings. Court cases were often dropped before prosecution was 
completed. In March/April, SG investigators received training on 
investigative techniques. A small number of exploited foreign workers 
won cases against their employers, but nonjudicial action resolved the 
majority of these cases. As a result workers frequently were 
repatriated without further judicial action. A few cases were referred 
to the judiciary for further action, although the Government took 
minimal steps to prosecute traffickers.
    The SG, which falls under the MOI, the MOJ, and the Ministry of 
Labor (MOL), are all responsible for combating trafficking in the 
country. The MOL regulates local employment agencies that place migrant 
workers with sponsors. During the year the MOL closed two employment 
agencies for a specified period and warned a number of others for 
noncompliance with MOL regulations.
    The Government did not provide trafficking victims with relief from 
deportation, with shelter, or with legal, medical, or psychological 
services; however, the SG worked with Caritas Lebanon to provide some 
of these functions. The SG allowed Caritas social workers unrestricted 
access to its retention center for foreign persons where they provided 
detainees with counseling, assistance, and legal protection. The SG 
also continued to refer potential victims to Caritas. The SG sometimes 
granted victims permission to stay up to two months to assist in the 
investigation of their cases and the prosecution of their abusers. Once 
victims were identified as such, they were transferred to a safe house 
and Caritas was allowed to assist them.
    The SG allows migrant workers who do not wish to be repatriated to 
their home country to legally change their sponsor with a ``release 
paper'' from the original employer. A court may order an abusive 
employer to provide such a release paper as part of a decision, or this 
may be part of a negotiated out-of-court settlement.
    Two types of booklets explaining regulations governing migrant 
workers, including descriptions of their rights and responsibilities, 
were available upon request, or distributed as needed.

    Persons With Disabilities.--Although prohibited by law, 
discrimination against persons with disabilities continued. The Civil 
Service Board, which is in charge of recruiting government employees, 
continued to refuse applications from persons with disabilities. The 
law mandates access to buildings by disabled persons; however, the 
Government failed to amend building codes. Approximately 100,000 
persons were disabled during the 1975-90 civil war. Families generally 
cared for their own family members with disabilities. Most efforts to 
assist persons with disabilities were made by approximately 100 
relatively active but poorly funded private organizations.
    Many persons with mental disabilities were cared for in private 
institutions, several of which were subsidized by the Government.
    The law stipulates that at least 3 percent of all government and 
private sector positions be filled by persons with disabilities, 
provided that such persons fulfill the qualifications for the position. 
However, there was no evidence that the law was enforced in practice.
    The Ministry of Social Affairs and the National Council of Disabled 
are responsible for protecting the rights of persons with disabilities. 
According to the President of the Arab Organization of Disabled People, 
little progress has been made since the law was passed, and progress 
was further hindered by the 18-month political deadlock.

    National/Racial/Ethnic Minorities.--There were reports that Syrian 
workers, usually employed in manual labor occupations, continued to 
suffer discrimination following the 2005 withdrawal of Syrian forces. 
Many Syrian laborers also reportedly left Lebanon out of fear of 
harassment. No further data was collected on this situation during the 
year, and the true extent of the problem was unknown.

    Other Societal Abuses and Discrimination.--Discrimination against 
homosexuals persisted during the year. The law prohibits what is termed 
unnatural sexual intercourse, which is punishable by up to one year in 
prison. The law was sometimes applied to homosexuals.
    There are no discriminatory laws against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
except government employees, may establish and join unions with 
government approval, and workers exercised this right in practice. The 
MOL must approve formation of any union. The MOL controlled all trade 
union elections, including election dates, procedures, and ratification 
of results. The law permitted the administrative dissolution of trade 
unions and forbade them to engage in political activity.
    The GLC estimated that there were approximately 900,000 workers in 
the active labor force. Approximately 5 to 7 percent of workers were 
members of some 450 to 500 labor unions and associations, half of which 
were believed to be inactive.
    The law provides that unions conduct activities free from 
interference; however, the MOL at times interfered in union elections 
and registered unions not considered representative. Unions also have 
the right to demonstrate; however, advanced notice and approval by the 
MOI are required.
    Most unions belonged to federations.
    There were 47 federations that were voting members of the GCL, five 
of which were considered illegal by the judiciary in 2007. Many others 
were reportedly unrepresentative and created by political interest 
groups to offset the votes of the 13 established labor confederations 
that represent workers. The GCL remained the only organization 
recognized by the Government as an interlocutor that represented 
workers. However, approximately 13 federations no longer participated 
in GCL meetings and created the so-called salvation committee of the 
GCL, but they have not declared an official breakaway.
    Palestinian refugees may organize their own unions; however, 
because of restrictions on their right to work, few Palestinians 
participated actively in trade unions. Palestinian refugees are legally 
barred from entering certain unionized professions such as engineering, 
law, and medicine.

    b. The Right to Organize and Bargain Collectively.--The right of 
workers to organize and to bargain collectively exists in law and 
practice, and the Government supported this right. Most worker groups 
engaged in some form of collective bargaining with their employers. No 
government mechanisms promoted voluntary labor-management negotiations. 
The law protected workers against antiunion discrimination, although 
common practice among private employers suggested otherwise.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
specifically prohibit forced or compulsory labor, including by 
children; however, articles within the law prohibit behavior that 
constitutes forced or compulsory labor. Nevertheless, children, foreign 
domestic workers, and other foreign workers sometimes were forced to 
remain in situations amounting to coerced or bonded labor. Women from 
Asia, Africa, Eastern Europe, and Russia were trafficked and forced to 
provide sexual or domestic services.
    Recruitment agencies and employers were required to have signed 
employment contracts with the foreign worker. According to NGOs 
assisting migrant workers, however, these agreements were often 
undermined by second contracts signed in the source countries that 
stipulated lower salaries. Employers and agencies used these changes to 
pay the migrant a lower salary. Anecdotal evidence suggested that some 
employers did not pay their workers on a regular basis and some 
withheld the salary for the duration of the contract, which was usually 
two years.
    Government regulations also prohibited employment agencies from 
withholding foreign workers' passports for any reason. However, in 
practice employment agencies and household employers often withheld 
maids' passports.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace, 
but the Government sometimes did not effectively enforce these laws. 
According to 2005 UNICEF statistics, 7 percent of children ages five to 
14 were involved in child labor. The International Labor Organization 
estimated there to be 100,000 child workers during the year. Out of 
these, 25,000 were thought to be in the tobacco industry, and a large 
percentage worked in informal sectors of the economy, including 
construction, agriculture, and fisheries. Street children worked 
selling goods, polishing shoes, and washing car windows. Children also 
were engaged in various forms of child labor, including commercial 
sexual exploitation and working under hazardous conditions in several 
sectors, such as metal works, construction, automobile repair, welding, 
and seasonal agriculture.
    The minimum age for child employment is 14 years. The law prohibits 
the employment of juveniles, defined as children between 14 and 18 
years of age, before they undergo a medical exam to ensure their 
fitness for the job for which they are hired. The labor code prohibits 
employment of juveniles under the age of 18 for more than six hours per 
day and requires one hour of rest if work is more than four hours. 
Juveniles under the age of 17 are prohibited from working in jobs that 
jeopardize their health, safety, or morals, as well as working between 
the hours of 7:00 p.m. and 7:00 a.m. The law also prohibits the 
employment of juveniles under 16 in industrial jobs or jobs that are 
physically demanding or harmful to their health.
    During the year there were reports of children trafficked within 
the country for the purpose of commercial sexual exploitation and labor 
in the metal works, construction, and agriculture sectors. Street 
children were particularly vulnerable. There were no official 
statistics on children being used for drug trafficking during the year.
    The MOL's enforcement of these requirements slightly improved, as 
it worked to train its inspectors and recruit new ones. The MOL also 
worked to amend the law to include a list of the most hazardous forms 
of child labor. The Higher Council of Childhood provided education to 
families and children to help prevent child abuse.

    e. Acceptable Conditions of Work.--On September 9, the Government 
approved an increase in the legal minimum wage from 300,000 pounds 
($200) to 500,000 pounds ($330) per month, the first increase since 
1996; however, despite the increase, it was difficult to provide a 
decent standard of living for a worker and family with the minimum 
wage.
    The law prescribes a standard 48-hour workweek with a 24-hour rest 
period per week. In practice workers in the industrial sector worked an 
average of 35 hours per week, and workers in other sectors worked an 
average of 30 hours per week. The law stipulates that 48 hours is the 
maximum duration of work per week in most corporations except 
agricultural entities. A 12-hour day is permitted under certain 
conditions, including a stipulation that the overtime provided is 50 
percent higher than the rate of normal hours. The law includes specific 
occupational health and safety regulations. Labor regulations require 
employers to take adequate precautions for employee safety. The MOL was 
responsible for enforcing these regulations but did so unevenly. Labor 
organizers reported that workers did not have the right to remove 
themselves from hazardous conditions without jeopardizing their 
employment.
    Some private sector firms failed to provide employees with family 
and transport allowances as stipulated under the law and to register 
them at the National Social Security Fund (NSSF). Employers sometimes 
registered their employees declaring lower salaries, in order to 
decrease their contribution to the NSSF and en.--o.--service pay to the 
employee himself. Some companies also did not respect occupational 
health and safety regulations stipulated by the law. Workers are 
permitted to complain about violations to the GCL, an umbrella 
organization for trade unions, the MOL and the NSSF. In most cases, 
however, they preferred to remain silent for fear of arbitrary 
dismissal.
    The law does not protect foreign domestic workers. Foreign domestic 
workers, mostly of Asian and African origin, were mistreated, abused, 
raped, or placed in situations of coerced labor or slavery-like 
conditions. Domestic workers often worked 18 hours per day and in many 
cases did not receive vacations or holidays. There was no minimum wage 
for domestic workers. Official contracts stipulate a wage ranging from 
150,000 to 450,000 pounds ($100 to $300) per month, depending on the 
nationality of the worker. Victims of trafficking or abusive labor may 
file civil suits or seek legal action, but most victims, often 
counseled by their embassies or consulates, settled for an 
administrative solution, which usually included monetary compensation 
and repatriation. The Government did not release information on legal 
actions filed, but NGOs indicated that fewer than 10 legal actions were 
undertaken during the year.
    On August 26, HRW reported that 95 domestic workers had committed 
suicide or fallen from tall buildings since January 2007 in efforts to 
escape forced confinement, excessive work demands, employer abuse, and 
financial pressures. The SG, Caritas, and employment agencies responded 
that HRW published an exaggerated number.
    During the year the MOL closed two employment agencies for 
violations of workers' rights, including physical abuse. Perpetrators 
of the abuses, however, were not further prosecuted for a number of 
reasons, including the victims' refusal to press charges or a lack of 
evidence. An unknown number of other cases of nonpayment of wages were 
settled through negotiation. According to source country embassies and 
consulates, many workers did not report violations of their labor 
contracts until after returning to their home countries.
    An employer accused of attempted murder was arrested in Beirut in 
September 2007 but released after a week. He was arrested again two 
days later when the district judge issued an arrest warrant. He was 
released again when the victim withdrew her complaint after the 
offender paid her 9,756,500 pounds ($6,500) in compensation for 
damages. In another case two Nigerian male migrant workers were the 
victims of fraud. The trafficker who brought them in was arrested in 
June 2007, and the Nigerian men were given the chance to stay in the 
country pursuant to an exceptional decision made by the SG. In 2006 a 
judge awarded an Ethiopian migrant worker financial compensation to be 
paid by her abusive employer, which marked the first time a domestic 
worker was awarded compensation for physical abuse. The employer, 
however, was not criminally prosecuted for physical assault.

                               __________

                                 LIBYA

    The Great Socialist People's Libyan Arab Jamahiriya is an 
authoritarian regime with a population of approximately six million, 
ruled by Colonel Mu'ammar al Qadhafi since 1969. The country's 
governing principles are derived predominantly from Colonel al-
Qadhafi's Green Book ideology. In theory citizens rule the country 
through a pyramid of popular congresses, communes, and committees, as 
laid out in the 1969 Constitutional Proclamation and the 1977 
Declaration on the Establishment of the Authority of the People. In 
2006 Secretary of the General People's Committee al-Baghdadi al-
Mahmoudi (prime minister equivalent) and the remaining delegates of the 
760-member General People's Congress began three-year terms. In 
practice, however, al-Qadhafi and his inner circle monopolized 
political power. These authorities generally maintained effective 
control of the security forces.
    The Government's human rights record remained poor. Citizens did 
not have the right to change their government. Remaining problems 
included reported disappearances; torture; arbitrary arrest; lengthy 
pretrial and sometimes incommunicado detention; official impunity and 
poor prison conditions. Similarly, denial of a fair public trial by an 
independent judiciary, political prisoners and detainees, and the lack 
of judicial recourse for alleged human rights violations were problems. 
The Government restricted civil liberties and freedoms of speech, press 
(including Internet and academic freedom), assembly, and association. 
The Government did not fully protect the rights of migrants, asylum 
seekers, and refugees. Other problems included restrictions on freedom 
of religion; corruption and lack of transparency; societal 
discrimination against women, ethnic minorities, and foreign workers; 
trafficking in persons; and restriction of labor rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--On May 29, Mohammed 
Adel Abu Ali died in custody after being returned to the country when 
his asylum claim was denied in Europe. According to Human Rights Watch 
(HRW), he was tortured in detention. London-based Al-Sharq Al-Awsat 
reported that he belonged to the oppositionist ``al-Tabu'' Front for 
the Liberation of Libya.
    There were no developments in the case of Hafed Mansour al-Zwai, a 
prisoner at the Abu Salim Prison who reportedly was killed in clashes 
between prisoners and guards in 2006. Opposition groups published 
articles in October 2007, the first anniversary of the clashes, 
criticizing the Government for failing to investigate.
    Daif al-Ghazal, a prominent opposition journalist and 
anticorruption activist, was killed in 2005. According to the 
nongovernmental organization (NGO) Reporters without Borders (RSF), his 
family stated that a Tripoli court sentenced three unnamed individuals 
to death in connection with the case in July 2007. On July 24, Saif al-
Islam al-Qadhafi, son of Muammar al-Qadhafi, conceded that officials 
killed al-Ghazal but claimed they had done so without official 
sanction. He called for public trials for the officials. There was no 
further information by year's end.

    b. Disappearance.--In February 2007 security services arrested 
Abdulrahman al-Qutiwi and Juma'a Boufayed, along with 12 others who 
appeared subsequently in court to face criminal charges. Authorities 
did not bring al-Qutiwi and Boufayed to trial, and Juma'a Boufayed's 
whereabouts were unknown until authorities released him on May 27. They 
had detained him incommunicado for 15 months at an unknown location. 
The location of al-Qutiwi, reportedly a fourt.--year medical student, 
remained unknown at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, but security personnel 
routinely tortured prisoners during interrogations or as punishment. 
Reports of torture were difficult to corroborate because detainees 
often were held incommunicado.
    The reported methods of torture and abuse included chaining 
prisoners to a wall for hours; clubbing; applying electric shock; 
applying corkscrews to the back; pouring lemon juice in open wounds; 
breaking fingers and allowing the joints to heal without medical care; 
suffocating with plastic bags; depriving detainees of sleep, food, and 
water; hanging by the wrists; suspending from a pole inserted between 
the knees and elbows; burning with cigarettes; threatening with dog 
attacks; and beatings on the soles of the feet.
    In 2007 the United Nations Human Rights Committee noted that 
corporal punishments, such as amputation and flogging, were rarely 
implemented, although sanctioned by law. Agence France-Presse (AFP) as 
well as opposition Web site Libya al-Youm reported that the Libyan 
lawyers' union alleged that unidentified individuals abducted, 
interrogated, and tortured lawyer Dhaw al-Mansuri on June 29. No 
further information was available at year's end.
    On July 24, Saif al-Islam al-Qadhafi conceded that acts of torture 
and excessive violence had taken place in prisons. Al-Qadhafi denied 
government culpability, arguing that the individuals responsible for 
the torture had acted on their own initiative and were being tried 
within the legal system. At year's end, no information had been 
released on the progress of trials.
    Ashraf Ahmad Jum'a al-Hajuj, a Palestinian medical professional who 
for eight years was held on charges that he deliberately infected 
Libyan children with HIV was released in July 2007. In January he filed 
suit in France and at the UN Human Rights Commission in Geneva, arguing 
that he was tortured repeatedly in detention. According to testimony 
obtained by AFP, the torture included rape by a German shepherd, 
fingernails ripped off, and electric shocks. He also testified that he 
was present when five Bulgarian nurses detained with him were tortured. 
He said most of the torture occurred during the early period after his 
imprisonment in 1999.
    In an August 2007 interview, al-Hajuj provided a detailed account 
of these incidents, which included beatings, electric shocks, and 
injections with what police officers claimed was the HIV virus. 
According to his account, security services first arrested him in 
January 1999, forced him to wear a hood, and detained him without 
clothes in a 12-foot-square cell for 10 months. For several days he was 
detained in a room with three dogs, which police officers ordered to 
attack him as they attempted to extract a confession. Police also bent 
his knees against his chest, tied his hands and feet around his legs, 
threaded an iron bar through the rope and spun him around the bar 
``like a roasted chicken.'' For months, police forced him to sleep 
hanging from the wall with his hands tied behind his back.

    Prison and Detention Center Conditions.--According to diplomatic 
missions and international organizations, prison and detention center 
conditions ranged from poor to adequate. Pretrial detainees, who 
reportedly accounted for more than half of the prison population, were 
held in the same facilities as convicts. Prison officials frequently 
held pretrial detainees for long periods.
    Security forces reportedly subjected prisoners and detainees to 
cruel, inhuman, or degrading conditions and denied them adequate 
medical care.
    International organizations did not have access to prisons and 
detention facilities in the country, except in migrant detention 
facilities. The International Committee of the Red Cross (ICRC) did not 
have an office in the country.
    In March a medical doctor from the international NGO Physicians for 
Human Rights (PHR) and a representative from HRW visited political 
activist and al-Qadhafi critic Fathi al-Jahmi in the Tripoli Medical 
Center, where he was detained under 24-hour guard.
    In November 2007 a group of Libyan activists abroad met to demand a 
government investigation into the 1996 Abu Salim Prison riot, in which 
a large but unknown number of prisoners died. The group alleged that 
security services killed 1,200 political prisoners in the riot. In 2005 
the authorities established a committee to investigate the incident. 
Since 2001, according to the Swiss-based Libyan Human Rights Solidarity 
(LHRS) opposition group, government officials notified 112 of the 350 
families in contact with the group that a family member died in the 
incident, but officials did not provide bodies or explain the causes of 
death. The remaining families did not receive confirmation from the 
Government on the status of their family members by year's end.
    According to HRW, a North Benghazi court of first instance ruled in 
June that the state must reveal the identities of the dead from the Abu 
Salim riot and investigate the circumstances of their deaths. In a 
speech on July 24, Saif al-Islam al-Qadhafi acknowledged excessive use 
of force at the prison and called for public trials for officials who 
had directed the Government response, whom he claimed had acted on 
their own initiative and not under orders from the Government.
    Following that speech, the Web site Akhbar Libya reported that the 
Government had agreed to compensate the families of 144 prisoners and 
that three families had refused the compensation.
    According to the LHRS, Muhammad Bosadra, a prisoner who reportedly 
negotiated with guards during the incident, has been held incommunicado 
since 2005, when government officials moved him to an unknown facility.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but the Government did not observe these 
prohibitions. As in previous years, there were reports that security 
forces arbitrarily arrested and detained citizens during the year.
    In October 2007 security services detained a regime critic, Fouad 
Nassar al-Mahmoudi, upon his return from a long stay abroad. At year's 
end al-Mahmoudi remained in incommunicado detention.
    There were no developments in the case of Mahmoud Muhammad 
Boushima, a government critic resident abroad since 1981, whom police 
arrested during a 2005 trip to the country, according to an Amnesty 
International (AI) report.

    Role of Police and Security Apparatus.--The country maintains an 
extensive security apparatus that includes police and military units, 
multiple intelligence services, local revolutionary committees, 
people's committees, and ``purification'' committees. The result is a 
multilayered, pervasive surveillance system that monitors and controls 
the activities of individuals. The legal basis of security service 
authority is unclear; citizens have no obvious recourse if they believe 
security services have exceeded their authority. Frequently cited laws 
are the 1971 and 1972 ``Protection of the Revolution'' laws, which 
criminalize activities based on political principles inconsistent with 
revolutionary ideology. Although the law prohibits arbitrary arrest and 
detention, in practice security services can detain individuals without 
formal charges and hold them indefinitely without court convictions.
    Security forces committed serious human rights abuses with 
impunity, including the lengthy extralegal detentions of Boufayed, al-
Hameed, and Boushima. They intimidated, harassed, and detained 
individuals without formal charges and held them indefinitely without 
court convictions, particularly in cases involving the political 
opposition. In addition, they regularly enjoyed impunity from criminal 
acts committed while performing their duties.
    In November opposition members living abroad alleged that security 
forces battled Toubou tribesmen in the southeastern part of the 
country. Other observers within the country characterized clashes in 
the town of Kufra as societal violence between Toubou and Zawiya 
tribes. According to a November 20 report in MEED Business 
Intelligence, the initial deployment of security forces to quell the 
violence was insufficient, and unrest continued for more than one week, 
during which time authorities cut communication networks in the area 
and left locals without supplies for days. There were reports that 
between 11 and 30 civilians were killed in the fighting.

    Arrest and Detention.--The law stipulates that detainees can be 
held for investigation after being arrested up to eight days. In 
practice security services can hold detainees indefinitely. Although 
the law requires that detainees be informed of the charges against 
them, it was not enforced in practice. The law states that in order to 
renew a detention order detainees must be brought before a judicial 
authority at regular intervals of 30 days, but in practice security 
services detained persons for indefinite periods without a court order.
    By law, bail must be set for pretrial detainees, and detainees must 
have access to counsel. A public defender must be appointed for anyone 
who cannot afford a private attorney. Detainees reportedly did not 
receive information on their right to legal representation during 
interrogation.
    Incommunicado detention remained a problem. The Government held 
many political detainees incommunicado for unlimited periods in 
unofficial detention centers controlled by branches of the security 
services. The Government reportedly held political detainees, including 
as many as 100 associated with banned Islamic groups, in prisons 
throughout the country, but mainly in the Ayn Zara, Jadida, and Abu 
Salim prisons in Tripoli. Some human rights organizations and foreign 
diplomats speculated there were 2,000 political detainees, many held 
for years without trial. Hundreds of other detainees may have been held 
for periods too brief to permit confirmation by outside observers.
    According to a 2006 HRW report, migrants and refugees in detention 
centers complained consistently of not being informed of the reason for 
their arrest, of lengthy periods of pretrial detention, and of 
restricted access to a lawyer.
    Women and girls suspected of violating moral codes reportedly were 
detained indefinitely in ``social rehabilitation'' homes without access 
to legal representation or the opportunity to contest their detention 
in court.

    Amnesty.--On April 8, authorities reportedly released 90 members of 
the Libyan Islamic Fighting Group (LIFG) after they renounced violence. 
In November 2007 Ayman al-Zawahiri of al-Qa'ida announced that LIFG had 
merged with al-Qa'ida in the Islamic Maghreb that September. The 
released members had served six to eight years as part of their prison 
terms, which ranged from 10 years to life.
    On August 28, as a regular part of its annual Revolution Day 
commemoration, the Government reportedly pardoned 3,133 prisoners. 
Another 1,573 prisoners were pardoned on December 7 in honor of Eid al-
Adha.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, but it was not independent in practice. The law 
stipulates that every person has the right to resort to the courts, but 
security forces had the authority to pass sentence without trial, 
particularly in cases involving the political opposition. The 
Government used summary judicial proceedings to suppress domestic 
dissent. Mu'ammar al-Qadhafi may, at his discretion, interfere in the 
administration of justice by altering court judgments, replacing 
judges, or manipulating the appeal system. The judiciary failed to 
incorporate international standards for fair trials, detention, and 
imprisonment.
    The judicial system is composed of four tiers: the summary courts, 
the courts of first instance, the three courts of appeal, and the 
Supreme Court. The summary courts hear cases involving misdemeanors. 
The decisions of this court may be appealed to the courts of first 
instance, which are composed of chambers of three judges and have the 
authority to adjudicate in all civil, criminal, and commercial cases. 
Jurors of the court of first instance apply Shari'a (Islamic law) in 
family law cases. Cases from the courts of first instance may be 
appealed to the three courts of appeal, which are composed of three-
judge panels. The Shari'a court of appeals hears cases from the lower 
Shari'a court.
    The final court of appeal is the Supreme Court, composed of five 
separate chambers of five judges. The court has chambers for civil and 
commercial, criminal, administrative, constitutional, and Shari'a 
cases. The General People's Congress elects the presiding judge and 
other members of the Supreme Court.
    The Higher Judicial Council, an extrajudicial body that reviews 
Supreme Court decisions for political implications, has the authority 
to overturn Supreme Court verdicts or grant amnesty in cases involving 
capital punishment.
    The Supreme Council for Judicial Authority is the administrative 
authority of the judiciary that handles appointments, transfers, and 
disciplinary matters.
    In August 2007 the Supreme Council for Judicial Authority 
established a state security court of appeals responsible for hearing 
national security cases. The court's portfolio includes cases stemming 
from three laws: Law 80 of the 1975 Penal Code stipulating the death 
penalty for offenses against the security of the state; Law 71 of 1972, 
which classifies as ``treason'' all independent political activity; and 
a 1969 revolutionary council decision that prohibits all forms of 
peaceful political opposition. Opposition groups raised concerns that 
defendants in cases before the state security court may be denied 
access to an attorney and that cases are conducted in secret.

    Trial Procedures.--The law provides for the presumption of 
innocence, informing defendants of the charges against them, and the 
right to legal counsel. The presiding judge appoints defense lawyers 
automatically, even if the defendant has declined representation. In 
practice defendants often were not informed of the charges against them 
and usually had little contact, if any, with their lawyers.

    Political Prisoners and Detainees.--A large but unknown number of 
persons were in detention or prison for engaging in peaceful political 
activity or for belonging to an illegal political organization. The law 
bans any group activity based on any political ideology that is 
inconsistent with the principles of the 1969 revolution.
    During the year authorities sentenced 11 men whom a state security 
court had convicted for attempting to foment rebellion and for 
conducting unauthorized communications with a foreign government; by 
year's end authorities released from custody nine of them. Before their 
arrest in February 2007 the original group of 14 men, led by Dr. Idriss 
Boufayed, had planned a peaceful demonstration calling for greater 
political openness. The group reportedly began a hunger strike in 
October 2007 to protest their lengthy pretrial detention in overcrowded 
cells and the alleged mistreatment of them.
    On June 10, the court handed down prison sentences to Idriss 
Boufayed (25 years); Al-Mahdi Humaid, Al-Saidz Salih Humaid, Faraj 
Humaid, and Ali Humaid (15 years); Jamal al-Hajj (12 years); and Ahmad 
Yusef al-Ubaidi, 'Alaa al-Dirsi, Farid al-Zuwi, Bashir al-Haris, and 
Al-Sadiq Qashut (six years). Adel Humaid was found not guilty and 
released the same day. Juma'a Boufayed was released on May 28.
    On October 8, authorities released Idriss Boufayed from custody, 
reportedly due to his advanced lung cancer. Boufayed was the head of 
the National Union for Reform, an opposition group he ran in exile for 
16 years until his return to Libya in September 2006, two months before 
he was arrested the first time. According to opposition Web site Libya 
al-Yuom, the QDF facilitated Boufayed's travel to Switzerland on 
December 11 for medical treatment.
    AI reported that authorities released eight of the remaining 
prisoners on December 7 and began the legal process to pardon them 
formally.
    Two men remained in custody at year's end, Faraj Humaid and Jamal 
Ahmad al-Hajj, and the whereabouts of Abdulrahman al-Qutiwi were 
unknown. HRW maintained that authorities denied consular access to al-
Hajj, who holds Danish citizenship.
    Political activist and al-Qadhafi critic Fathi al-Jahmi remained in 
custody at year's end. Although in March the Government announced it 
had released al-Jahmi, at year's end he remained under 24-hour guard in 
the hospital. Authorities allowed al-Jahmi's family to visit him early 
in the year; after April, however, visits were significantly 
restricted.
    With the exception of two weeks in 2004, al-Jahmi has been 
continually detained since 2002. Authorities rearrested him in 2004 
after he called publicly for democratic reforms and gave press 
interviews criticizing the regime and calling for free media and free 
elections.
    According to HRW, the Government contended it arrested al-Jahmi for 
telephoning foreign officials and ``providing them with information 
with the purpose of making their countries hate the Great Jamahiriya'' 
and for conspiring to serve the interests of a foreign country. The 
formal charges were attempting to overthrow the Government, slandering 
al-Qadhafi, and communicating with a foreign official without 
permission. Al-Jahmi's lawyer reportedly believed these charges could 
carry the death penalty.
    The QDF facilitated the March visit of HRW and PHR to al-Jahmi. In 
this visit, Dr. Scott Allen, a physician with PHR, found that al-Jahmi 
was seriously ill. Although al-Jahmi's physical condition appeared to 
have improved since January, the lack of appropriate medical care 
before January led to a serious deterioration of his health since his 
rearrest in 2004. PHR reported that al-Jahmi suffered from diabetes, 
hypertension, and coronary artery disease. PHR assessed that despite 
his health problems, al-Jahmi was stable enough to be treated as an 
outpatient and that he should be released to seek medical care of his 
choosing.
    According to HRW and PHR, a court ordered in 2006 that al-Jahmi be 
transferred to a psychiatric facility, where he was detained for 
approximately one year, although PHR did not find evidence of 
significant mood or thought disorders in its two visits. In July 2007 
al-Jahmi was transferred to the Tripoli Medical Center. According to 
HRW and PHR, al-Jahmi's doctors said at the time of his transfer he was 
experiencing congestive heart failure.
    There were no developments in the case of Abdel Nasser Younis 
Meftah al-Rabassi, who was sentenced to 15 years imprisonment in 2003 
for posting an article on an Arabic-language Web site criticizing the 
corruption in the Qadhafi government. According to human rights 
activists and AI, he did not have access to adequate medical care and 
was tortured, held incommunicado, and unable to hire his own attorney.

    Civil Judicial Procedures and Remedies.--Citizens did not have 
access to courts to seek damages for, or cessation of, human rights 
violations. Security services intimidated, harassed, and detained 
individuals outside the legal system and without judicial oversight. In 
practice individuals did not have the right to seek redress for 
security service actions in civil court. Neither judicial nor 
administrative remedies generally were available for alleged wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, but the Government did 
not respect the prohibitions. Security agencies often disregarded the 
legal requirement to obtain a warrant before entering a private home. 
They routinely monitored telephone calls and Internet usage, including 
e-mail communication with foreign countries.
    Security agencies and the revolutionary committees oversaw an 
extensive network of informants engaged in surveillance for the 
Government. The Government threatened to seize and destroy property 
belonging to ``enemies of the people'' or those who ``cooperate'' with 
foreign powers. Exiled government opponents reported that authorities 
harassed their family members and threatened them with detention.
    Authorities inflicted collective punishment on the relatives of 
individuals, particularly those of convicted oppositionists. 
Punishments by law include denial of access to utilities (water, 
electricity, and telephone), fuel, food, and official documents; denial 
of participation in local assemblies; and termination of new economic 
projects and state subsidies.
    In November 2007 the UN Human Rights Committee noted the collective 
punishment of a community in Bani Walid, where security services 
reportedly burned the property of relatives of a political activist who 
had been arrested after calling for a multiparty system.
    There were no reports of application of the ``purge law'' that 
provides for the confiscation of private assets above a nominal amount. 
The law describes wealth in excess of such unspecified amounts as ``the 
fruits of exploitation or corruption.''
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech ``within the limits of public interest and principles of the 
Revolution,'' but in practice the Publication Act of 1972 severely 
limits the freedoms of speech and of the press, particularly criticism 
of government officials or policy. The Government tolerated some 
difference of opinion in people's committee meetings and at the General 
People's Congress. In August 2007 Saif al-Islam al-Qadhafi called for 
greater openness within the People's Congress system but cautioned that 
all political speech must stay within four ``red lines": Islam, 
national security, territorial integrity, and Mu'ammar al-Qadhafi's 
primacy in the political sphere. On August 20, Saif al-Islam al-Qadhafi 
reiterated the four ``red lines'' he had outlined in 2007 and 
emphasized that the primacy of Muammar al-Qadhafi was key among them.
    The Government prohibited all unofficial political activities. By 
law, many forms of speech or expression may be interpreted as illegal. 
The wide reach of security services and broad networks of informants 
resulted in pervasive self-censorship.
    The Government owned and controlled virtually all print and 
broadcast media. The official news agency, the Jamahiriya News Agency 
(JANA), was the designated conduit for official views. government-
controlled media neither published nor broadcast opinions inconsistent 
with official policy. During the year the quasi-official 1/9 Media 
Group, a QDF subsidiary controlled by Saif al-Islam al-Qadhafi, 
launched a satellite television station, a radio station, and two 
independent newspapers. According to RSF, most of the journalists at 
these newspapers also work for official media outlets, and the 
newspapers were printed on the Government's presses. Local 
revolutionary committees published several small newspapers.
    Foreign publications were not widely available. In 2006 the 1/9 
Media Group began distributing foreign publications domestically for 
the first time. In February 2007 QDF began distributing foreign Arabic-
language publications through select news outlets, but one month later 
the QDF discontinued the distribution of all foreign publications. Some 
outlets in Tripoli had limited quantities of international weeklies. 
Although the publications law in theory restricts publishing rights to 
public entities, private companies were able to publish in practice.
    Satellite television was widely available, but the Government 
blocked foreign programming at times.

    Internet Freedom.--A single government-owned service provider 
offered Internet access. The number of Internet users was small but 
growing. According to 2007 data of the International Telecommunications 
Union, there were approximately 82,500 Internet subscribers and 260,000 
users. The Government reportedly monitored Internet communications. 
According to a 2007 report by the OpenNet Initiative, an academic 
partnership, authorities regularly blocked opposition Web sites and 
occasionally blocked others, including those that advocated minority 
rights. During the year, however, most of these Web sites were 
accessible to users of the state-owned Internet provider; many Internet 
cafes operated via satellite connection to Europe, bypassing potential 
blocking by the state.

    Academic Freedom and Cultural Events.--The Government severely 
restricted academic freedom. Professors and teachers who discussed 
politically sensitive topics faced the risk of government reprisal. 
Authorities frequently denied foreigners access to schools and 
university campuses.
    All cultural events require advance government approval. Any group 
or individual seeking to organize a cultural event needs a government 
sponsor. The Government at times denied permission for musical 
performances and denied visa applications for foreign musical 
performers to visit the country.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law stipulates that ``individuals may meet peacefully, 
and no police personnel are entitled to attend their meetings; 
moreover, they are not obliged to notify the police of such 
gatherings.'' The law also provides for the right to hold public 
meetings in accordance with the regulations set by law. In practice, 
however, the Government severely restricted these rights and permitted 
public assembly only with its express approval and only in support of 
its positions.

    Freedom of Association.--The Government restricted the right of 
association to institutions affiliated with the Government. The 
Government did not allow the formation of groups based on political 
ideology inconsistent with the 1969 revolution.

    c. Freedom of Religion.--Although there is no explicit law 
guaranteeing religious freedom, in practice the Government generally 
respected the right to observe one's religion. Islam is the equivalent 
of a state religion and is thoroughly integrated into everyday 
political and social life.
    The Government regulated mosques, religious schools, and clerics to 
ensure all views were in line with the state-approved form of Islam. 
The Government strongly opposed militant forms of Islam, which it 
viewed as a threat to the regime.
    The World Islamic Call Society (WICS), an international educational 
institution, operated a state-run university in Tripoli that provided 
Muslims outside the Arab world with a broad education in literature, 
history, science, and religion. WICS also organized vocational training 
programs, offered students exposure to international academic speakers, 
and maintained relations with local non-Muslim religious groups, 
including Christian churches. On October 27, WICS held its eighth 
General Congress in Tripoli, which included representatives from the 
Catholic, Anglican, and Orthodox churches.
    Although there is no law prohibiting conversion from Islam, the 
Government prohibits efforts to proselytize Muslims and actively 
prosecutes offenders. The Government permitted Christian churches to 
operate freely but imposed a limit of one church per denomination per 
city and monitored religious services, including Islamic services, for 
evidence of political discourse. There were no official places of 
worship for Hindus, Buddhists, or Baha'is.
    A noncitizen female who marries a Muslim citizen is not required to 
convert to Islam, but a noncitizen male must convert to Islam to marry 
a Muslim woman. The Government maintained the position that all 
citizens were Muslims.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence, harassment, or discrimination against members of 
religious groups.
    Although no statistics were available during the year, the 
country's Jewish population was extremely small and possibly 
nonexistent.
    The Government renovated a former Jewish school in Tripoli to serve 
as a city archive. There was no functioning synagogue. Discussions 
between the Government and representatives of the former Jewish 
community on possible compensation for Jewish communal property the 
Government confiscated after 1948 have been ongoing since 2004.
    Mu'ammar al-Qadhafi made statements denigrating Christians and 
Jews. In a March 19 speech, echoing statements in a March 2007 speech 
in which he declared that all those who did not practice Islam were 
``losers,'' al-Qadhafi said the Christian Bible and the Jewish Torah 
are forgeries and that the original versions mentioned the Prophet 
Muhammad. Al-Qadhafi stated in a March 2007 interview that ``Jews will 
go extinct because everyone hates 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 stipulates that ``each 
citizen, during times of peace, may move freely, choose the place where 
he or she wishes to live, and may return to the country and leave 
whenever he or she chooses.'' The Government generally did not restrict 
the freedom of movement within the country, but freedom to travel 
outside the country was at times restricted by the arbitrary seizure or 
non-issuance of passports. When foreigners married to citizens entered 
the country, authorities routinely held the foreigners' passports.
    The law does not allow, nor did the Government impose, forced exile 
as a punishment. The Government continued to encourage dissidents 
abroad to return and publicly promised their safety. There were 
numerous reports, however, that the Government detained dissidents who 
returned from exile. The Government reportedly interrogated students 
returning from study abroad and at times discouraged students from 
studying abroad, claiming they would be recruited to work as foreign 
agents against the country.

    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 
Government did not grant refugee status or asylum. The Government also 
has not established a system for providing protection to refugees.
    As in previous years, the Government generally cooperated with the 
United Nations High Commissioner for Refugees (UNHCR), which has 
operated in the country assisting refugees and asylum seekers since 
1998 and as an independent office since 2002, despite the absence of a 
formal memorandum of understanding.
    The Government operated at least 10 detention centers for 
undocumented migrants and asylum seekers, among others. International 
organizations and some foreign diplomats had occasional access to these 
detention centers. UNHCR and the International Organization for 
Migration (IOM) had regular access to asylum seekers and irregular 
migrants in prisons and detention facilities. UNHCR staff was allowed 
to conduct private interviews with asylum seekers at government-
operated detention facilities with facilitation by the quasi-NGO 
International Organization for Peace, Care, and Relief (IOPCR). UNHCR 
had regular access to government officials and detained refugees 
through IOPCR.
    International observers reported gradual improvement in migrant 
detention conditions since 2005, in particular in medical services.
    The law prohibits the extradition of political 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. Although the Government did not target UNHCR-recognized 
refugees for forcible deportation, the Government regularly and 
forcibly deported foreigners without properly screening refugees and 
asylum seekers from economic migrants. AI reported that authorities 
took preliminary steps on June 21 to deport forcibly a group of 230 
detained Eritrean asylum seekers but that UNHCR intervened on their 
behalf. At year's end all 230 remained in detention.
    Government sources claim to have returned to their country of 
origin 30,940 illegal migrants in 2007 of the estimated 1.5 to two 
million illegal migrants in the country. In January HRW reported that 
the Government claimed none of the undocumented foreigners in the 
country were refugees. During the year, according to international 
organizations working in the country, the Government became more 
rigorous in differentiating between legitimate refugees and asylum 
seekers and other economic migrants.
    During the year UNHCR registered approximately 9,000 refugees, 
although UNHCR estimated there were approximately 30,000 in the 
country. Of the total refugee population, an estimated 3,500 were in 
regular contact with the UNHCR mission in Tripoli. During the year 
UNHCR reported an increase in the number of refugee applications, which 
contributed to an eight month waiting period for asylum seekers to 
receive an appointment with the organization. The majority of refugees 
were Palestinians, Iraqis, and Somalis, followed by smaller but growing 
numbers from Sudan, Eritrea, and sub-Saharan Africa.
    The Government stipulates that any foreigner who enters the country 
illegally shall be deported. The Government operated detention camps to 
hold noncitizens pending deportation and did not routinely inform 
diplomatic representatives when their nationals were detained. Persons 
in detention camps reportedly were abused, including reports of sexual 
abuse of women. On April 6, in a case reported by AFP, authorities 
expelled 110 undocumented Malians who alleged that authorities beat 
them, detained them for months, and confiscated their savings and some 
property before repatriating them. International organizations also 
reported mass deportations of irregular migrants, including more than 
200 Nigerians in September and approximately 400 Malians on November 8.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The country does not have a constitution, and citizens do not have 
the right to change their government. The country's governing 
principles stem from al-Qadhafi's Green Book, which combines Islamic 
ideals with elements of socialism and pan Arabism. The Green Book 
states that direct popular rule is the basis of the political system 
and that citizens play a role in popular congresses; in practice, 
however, al-Qadhafi and his close associates monopolized government 
decisio.--making.

    Elections and Political Parties.--The Government prohibits the 
creation of and subsequent membership in political parties. The 1977 
Declaration on the Establishment of the Authority of the People 
dictates how citizens exercise their political rights. The Government 
is structured in a pyramid of committees, communes, and congresses, 
each layer of which is involved in the selection of the next-higher 
level. Citizens participate through numerous organizations, including 
vocational, production, professional, and crafts congresses. Voting for 
leaders of the local congresses is mandatory for all citizens age 18 or 
older.
    The elected secretaries of these various congresses and committees 
select the members of the highest legislative organization, the General 
People's Congress, which is composed of 760 members serving three year 
terms.
    In theory, revolutionary committees, composed primarily of youth 
members, guard against political dissent and ensure that citizens 
adhere to sanctioned ideology. These committees approve candidates for 
the General People's Congress. In practice, however, revolutionary 
committees played an unclear role in enforcing official ideology, 
sometimes appearing increasingly marginalized and sometimes appearing 
active in political life.
    Elections occur every three years. The people's congresses, the 
local bodies comprising all citizens, choose their leadership 
committees. The last renewal of people's congresses took place in March 
2006. The election process continues through the hierarchy of people's 
congresses until the nationwide General People's Congress chooses the 
General People's Committee, which manages the daily affairs of the 
Government.
    According to a 2007 UNDP report, women held 7.7 percent of the 760 
seats in the General People's Congress. No reliable information existed 
on the representation of minorities in the Government.

    Government Corruption and Transparency.--Laws stipulating criminal 
penalties for official corruption are unclear and inconsistently 
applied. The Administration Monitoring Board is the Government agency 
responsible for oversight of official activities and prevention of 
corrupt practices. Officials sometimes engaged in corrupt practices 
with impunity. Government corruption was perceived to be a severe 
problem, which, coupled with favoritism based on family and tribal 
ties, contributed to government inefficiency.
    In a series of speeches in 2006, Muammar al-Qadhafi called for all 
senior government officials to declare their earnings and assets or 
risk unspecified punitive action by the state; at year's end, no clear 
deadline had been set for officials to comply.
    The law does not provide for public access to government 
information, and the Government did not provide access in practice to 
citizens or foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Numerous government-sanctioned charitable associations operate in 
the country, but the Government prohibited the establishment of 
independent human rights organizations. Restrictive laws that imposed 
imprisonment for forming or joining international organizations without 
government authorization forced individuals wishing to carry out human 
rights work to operate abroad.
    Associations engaging in unauthorized political activity were 
illegal. A government body known as the Libyan Arab Human Rights 
Committee did not release any public reports. The Libyan Society for 
Human Rights, operating under the sponsorship of the semiofficial QDF, 
followed government policy priorities rather than operating as an 
independent entity.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, sex, religion, 
disability, or social status. The Government did not enforce these 
prohibitions effectively, however, particularly with regard to women 
and minorities.

    Women.--The 1969 Constitutional Proclamation granted women equality 
under the law. In practice, however, traditional attitudes and 
practices continued to be used as reasons for discrimination against 
women. Shari'a governs inheritance, divorce, and the right to own 
property.
    The law prohibits domestic violence, but there was no reliable 
information on the penalties. There was little detailed information 
regarding the extent of violence against women. Domestic abuse was 
rarely discussed publicly.
    The law prohibits rape. The convicted rapist must marry the victim, 
with her agreement, or serve a prison term of up to 25 years.
    The law does not distinguish between rape and spousal rape. 
According to government officials, spousal rape occurred and was 
resolved by ``social solutions.''
    The law prohibits prostitution, but authorities tolerated it in 
practice.
    The law does not prohibit female genital mutilation (FGM), which is 
foreign to the culture and society. There were reports that FGM 
occurred in remote areas of the country within African migrant 
communities.
    Women and girls suspected of violating moral codes reportedly were 
detained indefinitely without being convicted or after having served a 
sentence and without the right to challenge their detention before a 
court. They were held in ``social rehabilitation'' homes, which 
provided social services, including education and health care. Many 
detained in these facilities had been raped and then ostracized by 
their families. The Government stated that a woman was free to leave a 
rehabilitation home when she reached ``legal age'' (18 years), 
consented to marriage, or was taken into the custody of a male 
relative. According to HRW, most were transferred to these facilities 
against their will, and those who came of their own volition did so 
because no genuine shelters for survivors of violence exist. HRW 
maintained that the Government routinely violated women and girls' 
human rights in ``social rehabilitation'' homes, including violations 
of due process, freedom of movement, personal dignity, and privacy.
    The law criminalizes sexual harassment, but there were no reports 
on how this law was enforced in practice.
    The Department of Social Affairs under the General People's 
Committee secretariat collects data and oversees the integration of 
women into all spheres of public life. Women did not hold any cabinet-
level offices in the Government, though the General People's Congress 
has a representative for women's affairs.
    The General Union of Women's Associations, which the Government 
established as a network of quasi-nongovernmental organizations, 
addresses women's employment needs. According to a 2005 International 
Labor Organization (ILO) report, 32 percent of women older than 15 
years were economically active. Traditional restrictions continue to 
discourage some women from playing an active role in the workplace.
    The Government is the country's largest employer. Civil service 
salaries are set by education and experience. Women and men with 
similar qualifications are paid at the same grade for positions that 
are substantially similar. The emerging private sector does not 
formally discriminate on the basis of gender for access to employment 
or credit, although cultural conceptions of gender roles reduce women's 
involvement in the economy.
    Educational differences between men and women have narrowed, but a 
significant proportion of an older generation of rural women did not 
attend school and instilled in their children traditional beliefs, such 
as preserving women's subservient role in society.

    Children.--The Government generally protected children's rights and 
welfare.
    The Government subsidized primary, secondary, and university 
education, and primary education was compulsory until the age of 15. In 
July 2007 the Government amended the law to impose high fees on 
noncitizens enrolled in primary and secondary schools, prompting many 
foreigners to leave the country. The UN Human Rights Committee noted 
that schools discriminate against children born out of wedlock.
    According to a 2003 UNDP report, 96 percent of school age children 
attended primary school and most reached at least a sixth grade level; 
53 percent of girls and 71 percent of boys attended secondary school.
    The Government subsidized medical care and improved the welfare of 
children, but general economic mismanagement led to a low standard in 
medical services. Boys and girls enjoyed equal access to medical care.
    The law prohibits child abuse, and that prohibition was respected 
in practice.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports that persons were 
trafficked to the country for commercial sexual exploitation and forced 
labor purposes.
    The country was both a transit point for trafficked persons en 
route to Europe and a destination country for victims from sub-Saharan 
Africa and South Asia. International observers estimated that 1 to 2 
percent of Libya's 1.5 to two million foreign residents may be victims 
of trafficking.
    The law does not expressly criminalize trafficking for purposes of 
sexual exploitation or involuntary servitude, and the Government 
provided no information on prosecutions related to trafficking 
offenses. On February 17, the Government agreed to repatriate 26 Indian 
nationals whom an agent reportedly convinced to work for a local 
company, where they were paid low wages and locked up when they 
complained. The company agreed to pay five months' wages and airfare to 
India.
    There were no reports of any government participation in, or 
facilitation of, trafficking in persons.
    As in previous years, the Government did not provide adequate 
protection to victims of trafficking. The Government failed to screen 
vulnerable populations adequately to identify trafficking victims. 
Victims were susceptible to punishment for unlawful acts committed as a 
result of being trafficked, including unlawful presence in the country, 
working without a valid work permit, and engaging in prostitution. 
Trafficking victims, intermingled with economic migrants, may have been 
deported without receiving medical, psychological, or legal aid.
    During the year the Government took steps to prevent trafficking in 
persons by supporting a series of training workshops for members of the 
law enforcement community and select government-sponsored charity 
associations to raise awareness 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 provides for the rights of 
persons with disabilities and provides for monetary and other types of 
social care. There were a number of government approved societies that 
care for persons with disabilities. Access to employment, education, 
health care, and other state services was generally protected.

    National/Racial/Ethnic Minorities.--Arabic speaking Muslims of 
mixed Arab Amazigh (Berber) ancestry constituted 97 percent of 
citizens. The principal minorities were Amazighs and Tuaregs. Both 
minority groups are predominantly Sunni Muslims but identify with their 
respective cultural and linguistic heritage rather than with Arab 
traditions. Several nomadic groups live in areas along the country's 
desert borders, including members of Tuareg and Toubou tribes. The 
country is home to an estimated 1.5 to two million foreign workers. Of 
those nearly one million are thought to be of Sahelian or Sub-Saharan 
African origin in the country as irregular migrants.
    During the year the Government took steps to alleviate 
discrimination against the country's Berber minorities. In 2007 the 
Government abolished a law prohibiting the use of Amazigh and Tuareg 
names. Unlike in previous years, limited exhibitions of Amazigh culture 
were permitted, including a televised history program. The written 
Amazigh language was allowed on more signs, but reportedly was still 
forbidden in official contexts.
    Berber Web site Tawalt.com reported that Revolutionary Committee 
members targeted Berber leaders near Yefren on December 24. 
Demonstrators reportedly chanted anti-Berber slogans, vandalized 
properties, and physically confronted counter protesters. Opposition 
Web sites alleged the individuals acted in collusion with local police.
    According to MEED Business Intelligence, the Tabou minority faced 
discrimination in the town of Kufra. Authorities reportedly withdrew 
citizenship from members of the Tabou tribe in Kufra during the year, 
and local authorities reportedly issued decrees barring members of the 
Tabou tribe who did not have Libyan citizenship from access to 
education and health care services.

    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 living with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law prohibits independent 
association; workers are allowed, however, to join the government-
organized General Trade Union Federation of Workers. The Federation 
played an active role in the International Confederation of Arab Trade 
Unions, the Organization of African Trade Union Unity, and the World 
Federation of Trade Unions. The Government required candidates for 
trade union office to be citizens. Active government employees are 
often enrolled automatically.
    The law does not give workers the right to strike, and there were 
no reports of strikes during the year. Although trade unions have 
existed officially for more than 25 years, workers historically have 
seen them as idle organizations. Recent anecdotes indicate that unions 
are taking a more active role in petitioning for workers' rights, such 
as a reported 2007 intervention to secure back pay for employees of the 
National Oil Corporation. No information was available on any 
additional mechanisms to protect workers' rights.

    b. The Right to Organize and Bargain Collectively.--The law 
circumscribes the conduct of union activities, and collective 
bargaining is restricted in practice. For example, the Government must 
approve all collective agreements between unions and employers to 
ensure that they are in line with the country's economic and social 
objectives.
    A free trade zone in Misrata officially opened in 2004, although 
through year's end it was not operating.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
any form of forced or compulsory labor, including by children, although 
there were some reports of forced labor of migrant workers, 
particularly in the construction sector, after they were smuggled into 
the country.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law forbids children under the age of 18 from employment, except when 
it is a form of apprenticeship. There was no information available on 
the prevalence of child labor.
    No information was available concerning whether the law limits 
working hours or sets occupational health and safety restrictions for 
children. The General People's Committee for Manpower, Employment and 
Training is responsible for preventing child labor.

    e. Acceptable Conditions of Work.--The labor law defines the rights 
and duties of workers, including matters of compensation, pension 
rights, minimum rest periods, and working hours. In 2006 the Government 
shortened the legal workweek from 48 to 40 hours. The law stipulates 
the minimum wage, standard working hours, night shift regulations, 
dismissal procedures, and training requirements. The law does not 
specifically prohibit excessive compulsory overtime.
    The Green Book forbids wages, so workers are paid in the form of 
``entitlements.'' Although some public sector categories, such as 
professors, have seen wage increases in recent years, a freeze imposed 
more than a decade ago continues to depress earnings. In 2006 the 
Government raised the minimum wage to 130 dinars ($105) per month for a 
single person, 180 dinars ($146) for a married couple, and 220 dinars 
($178) for a family of more than two. Although there was no information 
available regarding whether the average wage was sufficient to provide 
a worker and family with a decent standard of living, the Government 
heavily subsidized rent, utilities, and government workers received an 
additional 130 dinars ($105) per month for basic food staples during 
the year.
    Labor inspectors were assigned to inspect places of work for 
compliance with government-defined health and safety standards, and the 
law grants workers the right to court hearings regarding these 
standards. Certain industries, such as the petroleum sector, attempted 
to maintain standards that foreign companies set. There was no 
information whether workers could remove themselves from an unhealthy 
or unsafe work situation without jeopardizing their employment.
    Foreign workers reportedly constituted 1.6 million of the 3.2 
million person work force in 2004, but the labor law does not accord 
foreign workers equal treatment. Only foreign workers who have work 
contracts, a fraction of the total, are covered under the laws on 
acceptable conditions of work, as other migrants are considered to be 
in the country illegally. Authorities permitted foreign workers to 
reside in the country only for the duration of their work contracts, 
and they could not send more than half of their earnings to their home 
countries. They were subject to arbitrary pressures, such as changes in 
work rules and contracts, and had little option other than to accept 
such changes or depart the country. Many foreign workers were deported 
arbitrarily for not having newly required work permits for unskilled 
jobs they already held. In practice, the Government had no practical 
means to track foreign workers or remittance flows, relying instead on 
the threat of deportation and random roun.--ups to exercise authority.

                               __________

                                MOROCCO

    Morocco is a monarchy with a constitution, an elected parliament, 
and a population of approximately 34 million. According to the 
constitution, ultimate authority rests with King Mohammed VI, who 
presides over the Council of Ministers and appoints or approves members 
of the Government. The King may dismiss ministers, dissolve the 
parliament, call for new elections, and rule by decree. In the 
bicameral legislature, the lower house may dissolve the Government 
through a vote of no confidence. The September 2007 parliamentary 
elections for the lower house went smoothly and were marked by 
transparency and professionalism, according to international observers, 
and the elections were judged relatively free from irregularities. The 
civilian authorities generally maintained effective control of the 
security forces.
    Citizens did not have the right to change the constitutional 
provisions establishing their monarchical form of government or the 
establishment of the practice of Islam. Reports of torture and other 
abuses by various branches of the security forces persisted, and prison 
conditions remained below international standards. Reports of arbitrary 
arrests, incommunicado detentions, and police and security force 
impunity continued. Politics, as well as corruption and inefficiency, 
influenced the judiciary, which was not fully independent. The 
Government restricted freedoms of speech, religion, and the press. 
Corruption was a serious problem in all branches of government. 
Trafficking in persons continued, and child labor, particularly in the 
unregulated informal sector, 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 28, a set of human remains were discovered at the Civil 
Protection (Fire Department) barracks in Nador. The local prosecutor, 
forensic units, and the Consultative Council on Human Rights (known by 
its French acronym CCDH) linked the remains to security force abuses in 
1984. On May 13, human remains were discovered in El Jadida, and an 
initial investigation dated them to 40 years ago. At year's end, 
authorities continued to investigate the new sites, process DNA 
evidence, and inform relatives.
    As in previous years, there were reports of deaths of Sub-Saharan 
migrants trying illegally to enter the Spanish enclave of Melilla. 
Arrests and beatings continue on the borders, principally on the 
Spanish side.
    A person was killed on December 31 when 80 illegal migrants 
attempted to force their way into Melilla by overwhelming the Moroccan 
guards manning the border fence. Moroccan police fired warning shots, 
one of which fatally injured one of the people climbing the barrier. 
Another individual was injured.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In 2006 the Justice and Reconciliation Authority (known by its 
French initials, IER), formed to investigate forced, long term 
disappearances of opponents of the Government between independence in 
1956 and 1999, issued a final report. The report stated that 742 
disappearances had been resolved, but that 66 remained for 
investigation by a successor organization, the CCDH. Human rights 
groups and families continued to claim that the IER did not acknowledge 
all cases of disappearances, many from the Western Sahara.
    In November 2007 the CCDH stated that it had completed the 
compensation and identification process for Morocco and Western Sahara 
(approximately 2,000 cases), with the exception of 24 cases, including 
that of missing independence activist Mehdi Ben Barka, who disappeared 
in France in 1965. The Government announced it had issued benefits to 
12,000 families and individuals and extended coverage to a total of 
45,000 individuals through joint and extended family coverage health 
care cards to individuals with approved cases.
    The Government further reported that the CCDH launched three 
initiatives in 2007 and 2008 totaling approximately 57 million dirhams 
($6.9 million), as part of its regional reparation program to address 
lingering issues in areas affected by adverse governmental policies 
between the 1970s and 1990s. Implementation of projects and 
disbursements under this initiative continued during the year.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
denied the use of torture. According to domestic and international 
human rights organizations, prisoners, and detainees, however, members 
of the security forces tortured and abused individuals in their 
custody. The penal code stipulates sentences of up to life imprisonment 
for public servants who use or allow the use of violence against others 
in the exercise of their official duties.
    While there has been a marked diminution of allegations of abuse by 
Moroccan security officials in Western Sahara (see separate report), 
there have been multiple allegations of abuse and torture levied 
against a police official in southern Morocco. The officer, who 
previously served in Western Sahara, was the subject of multiple abuse 
complaints in both locations. The Government reported that it had 
investigated the allegations against the officer in both locations and 
determined that they were politically motivated and took no action.
    In May during violent student demonstrations to protest 22 cases of 
food poisoning at Alqadi Ayad University in Marrakech, Qadimi El Ouali 
fell from a fourth floor window and was paralyzed. Activists charged 
that security officers threw him from the building.
    According to the ministry of justice (MOJ), the Government 
prosecuted six members of the gendarmerie for cases related to abuse of 
citizens. Another case resulted in a not guilty verdict, and cases 
against four individuals were pending at year's end. The national 
police (DGSN) did not bring any abuse cases against its members. In 
February authorities released two officers convicted and sentenced to 
10 years' imprisonment in 2007 for the 2005 beating death of Western 
Saharan activist Hamdi Lembarki. Their sentences were reduced to time 
served following the death of another policeman during disorders in Tan 
Tan. Verdicts remained unknown in most of the 17 cases prosecuted in 
2007.
    In May authorities released union activists Abd el Rehim Qarad and 
Mahdy El Barboushy, whom police arrested during a demonstration in May 
2007 for insulting the monarchy. The two men claimed police extracted 
their signed confessions through torture.
    In July 2007 the Government opened the trial of 52 individuals 
arrested in 2006 as part of the so-called Ansar El Mehdi case on 
charges of conspiring to overthrow the monarchy through terrorism. Many 
of the defendants claimed to the media, nongovernmental organizations 
(NGOs), and in court that they had been tortured and mistreated. They 
were denied permission to call witnesses, and in February the 
defendants were sentenced to 25 years in prison.
    In 2006 the Government enacted an antitorture law requiring judges 
to refer a detainee to a forensic medicine expert if asked to do so or 
if judges notice suspicious physical marks on a detainee. During the 
year, according to the Government, at least 15 cases were referred to 
doctors. In one of those cases, the doctors found sufficient evidence 
of injury to warrant further investigation. Results of that 
investigation and the three cases that warranted further investigation 
in 2007 were not available at year's end.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor and generally did not meet international standards. Extreme 
overcrowding, malnutrition, and lack of hygiene characterized the poor 
conditions inside prisons. In a November 2007 report, the NGO Moroccan 
Observatory of Prisons (OMP), a government-subsidized human rights 
organization, stated that the prison system was overcrowded and failed 
to meet local and international standards. It also stated that current 
prison capacity was sufficient for only half of the prison population. 
Approximately 60,000 detainees lived in less than 16 square feet per 
person. Pretrial detainees were not held separately from convicts.
    In April, after nine prisoners escaped from Kenitra prison in 
central Morocco via a tunnel they had dug over the course of a year, 
the King transferred responsibility for prison management from the MOJ 
to a newly created Directorat.--General for Prison Administration.
    Juveniles are sometimes held together with adults, particularly in 
pretrial detention and in police stations. Political prisoners are held 
in the same facilities and manner as ordinary criminals.
    Human rights activists continued to dispute the circumstances of 
Dada Ould Hamma Ould Nafaa's July 2007 death in Agadir, which was 
blamed on poor or inadequate medical care while he was incarcerated.
    During the year NGOs continued to call for an investigation into 
prison deaths and violations of prisoners' rights that allegedly led to 
a mass hunger strike at Sale prison in September and October 2007. 
Police violently broke up a sit-in in June organized by al-Nassir, a 
local NGO support group for Islamist prisoners, after a photo showing 
an officer striking one of the prisoners' wives sparked public protest 
and condemnation on a Web site affiliated with Al-Qa'ida in the Lands 
of the Islamic Maghreb (AQIM). The Government responded by detaining 
the photographer for several hours.
    The Government permitted visits during the year by independent 
human rights observers, including local and international human rights 
groups and the media. The Government permitted the OMP and other NGOs, 
such as Relais Prison, to visit prisons and detention centers 
unhindered to observe conditions, hear complaints, and conduct 
programs. However, visits by international donors ceased. During the 
year the International Committee of the Red Cross did not visit any 
prisons.

    d. Arbitrary Arrest or Detention.--The law does not prohibit 
arbitrary arrest or detention, and police used both practices. Police 
did not always observe due process. In practice, according to local 
NGOs and associations, they did not always identify themselves when 
arresting suspects or always obtain warrants. Police reportedly held 
some detainees without charging them.

    Role of the Police and Security Apparatus.--The security apparatus 
includes several police and paramilitary organizations with overlapping 
authorities. The National Police (DGSN) manages the border and 
immigration services, as well as internal law enforcement, and reports 
to the Ministry of Interior (MOI). The General Directorate of 
Territorial Security (known by its French acronym, DGST) and the 
auxiliary forces are separate entities with security responsibilities 
that also report to the MOI. The Royal Gendarmerie reports to the 
Ministry of Defense and is responsible for law enforcement in rural 
regions and on national highways. The judicial police--the main federal 
investigative body--is a hybrid DGSN/MOJ entity. It investigates 
violations of the penal law, terrorism, organized crime, and white-
collar crime under MOJ prosecutors. The Department of Royal Security 
reports to the palace.
    Corruption and impunity remained problems and impacted police 
effectiveness. The MOI increased investigations of police abuse and 
corruption, but the investigations rarely resulted in reported 
disciplinary action or judicial proceedings. Cases usually languished 
in the investigatory or trial phases without reaching resolution.
    In February six prison guards were sentenced to between two months 
suspended and four years' imprisonment on charges of forgery, 
corruption, and aiding a prisoner in escaping from custody. On December 
30, two gendarmes were arrested after they were caught receiving 
bribes. One was sentenced to five years in prison, and the other 
awaited trial at year's end. Authorities arrested 30 non-commissioned 
officers in the gendarmerie on corruption charges. Of those, 16 were 
sentenced to between two months and six years' imprisonment, and 14 
remained in custody awaiting trial.
    In August 2007 the police chief in Rabat was charged with 
participation in a drug smuggling and prostitution ring. His case was 
pending at year's end.
    In December 2007 three gendarmes in Inezgane were convicted and 
sentenced to one year in prison and fired from the gendarmerie for 
accepting a bribe to help convince a woman to withdraw her charges of 
rape. The MOJ prosecuted six members of the gendarmerie for cases 
related to abuse of citizens. Another case resulted in a not guilty 
verdict and cases against four individuals are pending. The DGSN did 
not bring any abuse cases against its members.
    In 2007 six security agents, three members of auxiliary forces, 
three civil servants from the MOI, and 11 others were sentenced to 
between three and five years in prison for acquiring forged documents 
to receive government benefits fraudulently.

    Arrest and Detention.--Police may make an arrest following a 
general prosecutor's issuance of an oral or written warrant. In 
practice warrants were sometimes issued after the fact. Authorities 
denied defendants' access to counsel or family members during the 
initial 96 hours of detention, during which police interrogated 
detainees and abuse or torture was most likely to occur.
    Under the antiterrorism law, after the first 96 hours two 
additional 96-hour extensions are allowed at the prosecutor's 
discretion. Under the law a person may be detained without trial for up 
to one full year while an investigating magistrate completes his work.
    At year's end as many as half the inmates of prisons were awaiting 
trial. The law provides for a limited system of bail, but bail was 
rarely granted. The law does not require a written authorization for a 
person to be released from detention. In some instances judges released 
defendants on their own recognizance. The antiterrorism law does not 
include a system of bail. Under a separate military code, military 
authorities may detain members of the military without a warrant or 
public trial.
    According to the law, all defendants have the right to be 
represented by attorneys and, if a defendant cannot afford private 
counsel, a court-appointed attorney must be provided when the criminal 
penalty exceeds five years in prison. In practice, effective counsel 
was not always provided. The police were required to notify a person's 
next-of-kin of an arrest as soon as possible after the initial 48-hour, 
incommunicado detention in nonterrorism cases, unless arresting 
authorities applied for, and received an extension from a magistrate, 
but this provision was not always respected. Because of delays in 
notifying family, lawyers sometimes were not informed promptly of the 
date of arrest and were not able to monitor compliance with 
administrative detention limits, which authorities exceeded when 
individuals were suspected of links to terrorism. Several defendants in 
the Ansar El Mehdi case waited as long as eight months before being 
allowed to consult a lawyer, forcing delays in the mass trial.
    The Association El Nassir, an NGO that advocates on behalf of 
jailed Islamists, estimated that 200 individuals remained in custody 
without charge at the end of 2007 as a result of terror-related 
dragnets.
    As in recent years, law enforcement efforts continued to focus 
arrests more narrowly than the previous broad dragnets used following 
the 2003 Casablanca attacks. Police disrupted six suspected terrorist 
cells during the year and arrested more than 100 individuals.

    Amnesty.--Royal pardons were used as the principal judicial 
mechanism for early release and functioned instead of a parole system. 
During the year, 3,787 prisoners received royal pardons.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, but in practice the courts were not always 
independent. According to observers, corruption remained prevalent. 
Judges also did not consistently base rulings on new laws and at times 
referred to outdated laws in their decisions, resulting in inefficiency 
as well as miscarriages of justice.
    There are four levels in the common law court system: communal and 
district courts, courts of first instance (regional courts), the 
appeals court, and the Supreme Court. All decisions made in criminal 
and civil matters in which the penalty exceeds 330 dirhams ($40) may be 
appealed to the courts of first instance. The regional courts are 
subdivided into civil, commercial, administrative, penal, and 
rabbinical sections. Cases may be appealed from the regional courts to 
the appeals court. There were no restrictions on appeals at this level.
    At the Government's discretion, serious state security charges, 
such as those relating to the monarchy, Islam, or territorial integrity 
(in practice, advocating independence for the Western Sahara) may be 
brought against civilians before a tribunal convened by the MOI.

    Trial Procedures.--The law provides for the right to a fair public 
trial for all citizens. However, according to NGOs, a fair public trial 
did not always occur in practice, especially for those protesting the 
incorporation of Western Sahara into Morocco. Juries are not used, 
following principles of the Napoleonic legal system.
    Although accused persons generally are brought to trial within the 
initial period of two months, prosecutors may request up to five 
additional two-month extensions of pretrial detention. An accused 
person therefore may be kept in detention for up to one year prior to 
trial. Defendants are presumed innocent.
    According to the law, all defendants have the right to be 
represented by attorneys. If a defendant cannot afford private counsel, 
a court appointed attorney is provided when the offense carries a 
maximum sentence of more than five years. However, attorneys were not 
appointed consistently, or if provided, were poorly paid, often 
resulting in inadequate representation. Judges sometimes denied defense 
requests to question witnesses and present mitigating witnesses or 
evidence. Defendants are given the right to be present at their trial 
and to timely consultation with an attorney, although these rights were 
not always applied in practice. Defendants generally have access to 
government evidence, but are sometimes prevented or hindered from 
calling mitigating witnesses.
    Individuals are arraigned before a court of first instance. If the 
judge determines that a confession was obtained under duress, the law 
requires that it be excluded from evidence. Human rights NGOs, however, 
charged that judges decided cases often on the basis of forced 
confessions, especially in cases of Islamists accused of terrorism or 
in the cases of some Sahrawis. Police statements about detainees were 
sometimes used in place of defendants' confessions.
    The Supreme Court may overturn an appellate court's ruling on 
procedural grounds only. As a result, appeals to the Supreme Court were 
infrequent. An investigation by an examining magistrate was mandatory 
only when life imprisonment or the death penalty was a possible 
penalty.
    Family courts generally adjudicated divorce and child custody cases 
according to the family law. These courts addressed family issues for 
Muslim citizens, and judges were trained in Shari'a (Islamic law) as 
applied in the country and in the requirements of the 2004 family law. 
Family matters for Jewish citizens were handled by the parallel legal 
system available to them.

    Political Prisoners and Detainees.--The law does not distinguish 
political and security cases from common criminal cases. The Government 
did not consider any of its prisoners to be political prisoners. The 
Government stated that it detained individuals under criminal law only. 
Several NGOs, including the Moroccan Association for Human Rights 
(AMDH), Sahrawi organizations, and Berber activist groups, however, 
charged the Government with detaining persons for political activities 
or beliefs under cover of criminal charges, such as AMDH members 
arrested for shouting antimonarchy slogans.
    On April 13, police arrested Sahrawi activist Enaama Asfari in 
Marrakech after a night-time traffic altercation. He said that three 
plainclothes policemen slapped, punched, stripped, and kicked him, 
including in the stomach and on the soles of his feet, and burned him 
with cigarettes. They subsequently took him to a hospital for 
treatment, but when he requested a medical certificate of injury, he 
was whisked away. According to Asfari, he was later forced to sign a 
statement he had not written or read, admitting to drunk driving, and 
did so to stop the beatings. He was denied the opportunity to contact 
his family. During the trial the judge refused to allow a medical 
examination. Authorities expelled Asfari's wife and two other trial 
observers from Tan Tan and then the country for incitement. He was 
sentenced to two months in prison and fined 3,000 dirhams ($420) and 
was freed on June 13.
    On October 27, according to Amnesty International (AI) and Sahrawi 
activists, Mustafa Abdel Dayem, a member of both the AMDH and the 
Sahrawi Journalists' and Writers' Union, was arrested in Assa following 
antigovernment protests by Sahrawis. While Abdel Dayem claimed not to 
have participated in the protests, he admitted to having lowered the 
national flag from the secondary school where he worked as a security 
guard. He explained that his action was intended to show his support 
and solidarity with the demonstrators and his opposition to the 
intervention of law enforcement officers to break up the protests.
    On November 4, the Court of First Instance of Guelmim sentenced 
Mustapha Abdel Dayem to a three-year prison term and a fine of 50,000 
dirhams ($6,220) and forbade him from working in the educational sector 
for 10 years.

    Civil Judicial Procedures and Remedies.--The judiciary, often 
inefficient and believed to be swayed by corruption, was not fully 
independent and was subject to influence, particularly in sensitive 
cases such as those dealing with the monarchy, religion, and Western 
Sahara. There are administrative as well as judicial remedies for 
alleged wrongs.
    A national ombudsman resolves civil matters when the judiciary is 
unable to do so and has gradually expanded the scope of its activities. 
The number of complaints it received rose from 4,500 in 2006 to 7,000 
during the year. Additionally, the percentage of actionable complaints 
rose from 29 percent in 2004 to 91 percent during the year. Despite the 
significant increase in numbers of complaints the ombudsman received, 
most citizens still looked to the CCDH for redress of human rights 
complaints. The CCDH serves as a conduit through which citizens offer 
complaints about government malfeasance or human rights violations. It 
also supervised the international observation of the parliamentary 
elections in September 2007.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution states that an individual's home is 
inviolable and that a search may take place only with a search warrant, 
but authorities sometimes ignored these provisions in practice. The law 
stipulates that a prosecutor may issue a search warrant on good cause, 
particularly in cases of suspected terrorism. Plainclothes security 
officers who did not identify themselves or present search warrants 
conducted home searches.
    As in the last few years, authorities reportedly searched and 
closed the homes of members of the Justice and Good Works Organization 
(known also as the Justice and Charity Organization, or JCO), an 
Islamist opposition sociopolitical group that chooses not to 
participate in electoral politics. Members allegedly used these homes 
as ``open houses'' where they held politically oriented meetings.
    In May during significant and sometimes violent unrest sparked by 
complaints over economic inequalities in the region around the coastal 
town of Sidi Ifni, residents charged that security forces illegally and 
unnecessarily entered private homes unrelated to the demonstrations and 
searched, destroyed, or stole private property and raped several women. 
The Moroccan Center for Human Rights (CMDH) initially passed on reports 
that up to 12 people had been killed in the unrest. Two photo 
journalists who covered the event were detained for two hours without 
charge and then released, but their film was seized by security 
officers.
    Parliament formed an independent commission of inquiry, as did a 
consortium of NGOs. Both were allowed unrestricted access to the town 
and witnesses. The NGO consortium charged that police did use excessive 
force but found no conclusive evidence of rapes or killings. Other 
activists insisted, however, that some rapes did occur, but the victims 
did not feel comfortable testifying before officials. The parliamentary 
commission submitted its report to the legislature's leadership, and it 
was released to the public on December 18. The regional police 
commander in charge of operations in Sidi Ifni was relieved of duty.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law generally provides for 
freedom of speech and of the press, although criticism of Islam, the 
monarchy, and territorial integrity (including the issue of Western 
Sahara) was not permitted. While the Government generally respected 
these rights in practice, during the year freedom of the press remained 
restricted. The press reported on previously restricted subjects, 
including military, security, palace affairs, activities of human 
rights organizations, and even on the Western Sahara.
    There were several arrests for public or Internet expression. 
However, following conviction and pressure from local and international 
activists, the individuals were released. On February 22, engineering 
student Fouad Murtada was convicted by the Casablanca Court and 
sentenced to three years in prison on charges of identity theft. He 
created a page on the social networking site Facebook purporting to be 
that of Prince Moulay Rachid, brother of King Mohammed VI. Murtada 
stated that he created the page as a joke. After widespread protests in 
Morocco, the King pardoned him on March 19.
    On September 4, blogger Mohammed Erraji was arrested on charges of 
insulting the King under article 41 of the press code for posting a 
blog entry entitled ``King encourages dependency on handouts.'' He was 
sentenced to two years in prison by the Agadir court and fined 5,000 
dirhams ($538) on September 8. On September 18, an appeals court 
overturned his case on procedural grounds and released him.
    On October 21, high school student Yassin Belaasal was sentenced to 
one and one-half years in prison on charges of insulting the King. He 
had rewritten the country's motto on a blackboard to read ``God, 
Country, Barca'' (for the popular Spanish football club FC Barcelona), 
instead of ``God, Country, King.'' He was released on his own 
recognizance pending his appeal. The court upheld the conviction on 
November 12 but reduced the sentence to one year and suspended it. 
Activists criticized the Government for violating Belsaal's right of 
free expression, while the Government stated that he had written other, 
even more insulting, comments about the King's father on the 
blackboard.
    In 2007 one case of withholding sources of information in a 
sensitive national security matter resulted in a prison sentence, at 
least three in suspended sentences, and five in fines. The rest were 
pending at year's end. None led to an acquittal.
    The Government often penalized publications and reporters that 
tested the boundaries of the law. In August the international NGO 
Reporters Without Borders (RSF) reported that since the beginning of 
King Mohammed VI's reign in 1999, at least 34 media institutions had 
been censored and at least 20 journalists had been prosecuted under 
press, penal, or antiterror laws. RSF's annual report stated that press 
freedom deteriorated during the year.
    The antiterror law and the press code impose financial penalties on 
journalists and publishers who violate the restrictions related to 
defamation, libel, and insults including critical discussion of the 
monarchy, state institutions, territorial integrity, and Islam. Prison 
sentences can be imposed on those convicted of libel. The press code 
lists threats to public order as one of the criteria for censorship. 
The Government has the ability to revoke licenses and to suspend and 
confiscate publications. Within these very broadly construed limits, 
politically diverse newspapers and weeklies published news and 
commentary often critical of nonsensitive policies and personalities.
    The Ministry of Communication (MOC) issued directives and guidance, 
and subsidized publications including those critical of the Government. 
The placement of government-directed advertising also influenced 
revenue of print media outlets. Direct government subsidies varied 
according to the percentage of the population reading the publication. 
The Government temporarily suspended publications it judged offensive. 
After some delay, it allowed suspended publications to continue 
operation. Newspapers reported exercising self-censorship as a result 
of these restrictions.
    The Government registered and licensed domestic newspapers and 
journals.
    On October 31, the MOC banned distribution of the international 
edition of the French weekly L'Express which carried a cover story 
entitled, ``The shock: Jesus-Mohammed: Their journey, their message, 
their vision of the world.''
    The Government owned la Societe Nationale de la Radiodiffusion et 
de la Television, formerly Moroccan Radio Television, which owned and 
operated several local television and radio stations. It also partially 
owned the 2M television and radio network. The French-backed Medi-Sat 
television and Medi 1 radio were nominally private and independent. A 
government appointed committee monitored broadcasts. The Government 
owned or partially owned the only television stations whose broadcasts 
could be received in most parts of the country without decoders or 
satellite dishes. Since 2006 the Government has licensed the operations 
of several independent radio stations that offer news and information. 
Satellite dishes were widely used. The Government did not impede the 
reception of foreign broadcasts.
    The MOC accredited 115 foreign correspondents, including 17 
international press agencies, 29 television correspondents, six radio 
reporters, and 24 daily and weekly journalists.
    Authorities subjected journalists to harassment and intimidation 
during the year. In April police beat three journalists for covering a 
protest against rising food prices outside of parliament.
    On May 6, the Government suspended Al-Jazeera's broadcasting 
license, forcing it to cease broadcasting its nightly Maghreb news 
bulletin from Rabat. Al-Jazeera was permitted to retain its office in 
Rabat.
    On July 11, a court fined Al-Jazeera Rabat bureau chief Hassan al-
Rachidi 49,000 dirhams ($6,000) and suspended his press accreditation 
for ``publishing false information'' after the channel quoted human 
rights activist Brahim Sab Alail as alleging that security forces 
killed protesters during protests in the town of Sidi Ifni. At one 
point, Rachidi's attorneys withdrew from his case in protest, claiming 
that the court refused to allow them to call defense witnesses. Al-
Rachidi appealed, claiming that the court did not follow correct 
procedures for the suspension of his press accreditation. On December 
3, the Rabat appeals court postponed hearing the case until January 7.
    On May 21, Rafael Marchante, a Spanish photographer employed by 
Reuters, claimed he was attacked by police while covering a 
demonstration by unemployed university graduates in Rabat.
    In August 2007 a Casablanca court sentenced Abderrahim Ariri, 
publisher of Al Watan, to a six-month suspended prison sentence while 
Mustapha Hormatallah, a journalist for the paper, was sentenced to 
eight months in prison. Both journalists were also fined 1,000 dirhams 
($130). The men were arrested and detained on July 17 for publishing an 
article containing a confidential military document warning of an Al-
Qa'ida attack. Both men were held incommunicado for several days after 
their original arrest, and Ariri claimed he was ``roughed up'' and 
denied access to his attorney. Hormatallah was freed on bail during his 
appeal, but returned to prison to serve his sentence after losing his 
appeal. He was released on July 13. During the year there was no change 
in the status of Nadia Yassine, who authorities summoned to court in 
2005 for publicly stating her belief that the country would be 
healthier as a republic than as a monarchy. Her trial remained in 
abeyance.
    In August 2007 authorities seized editions of TelQuel and its 
Arabic-language sister publication Nichane. Their director, Ahmed Reda 
Benchemsi, was charged with ``lack of respect for the King's person and 
for public morality.'' The seized issues published an editorial on the 
King's July 30 Throne Day speech, in which the King stated that the 
upcoming parliamentary elections would strengthen the country's 
democracy and also an article entitled ``Sex in Islamic Culture.'' 
Nichane was withdrawn from newsstands, but TelQuel was seized before 
publication. The case against Benchemsi was postponed repeatedly and 
remains pending.

    Internet Freedom.--There is no specific law and no judicial 
decision concerning Internet content or access. On occasion the 
Government, through Maroc Telecom, temporarily blocked access to 
specific Web sites. Authorities blocked the JCO Web site sporadically.
    On February 5, police arrested engineering student Fouad Murtada 
and charged him with criminal impersonation and identity theft for 
creating a page on the Facebook social networking site purporting to be 
that of King Mohammed VI's younger brother, Prince Moulay Rachid. 
Murtada said he had set up the page ``as a joke'' and to ``attract 
women,'' while the Government stated that he had engaged in ``criminal 
impersonation and identity theft.'' On February 22, the Casablanca 
court convicted Murtada and sentenced him to three years in prison. 
After widespread protests, the King pardoned him on March 19.
    On September 4, blogger Mohammed Erraji was arrested on charges of 
insulting the King under article 41 of the press code for posting a 
blog entry entitled ``King encourages dependency on handouts.'' He was 
sentenced to two years in prison by the Agadir Court and fined 5,000 
dirhams ($538) on September 8. On September 18, an appeals court 
overturned his case on procedural grounds and released him.
    In May 2007 authorities blocked access to YouTube.com for six days 
after it aired videos considered insulting to the King and for four 
days due to concerns about a video implicating police in corruption. 
Since 2006 the Government blocked the sites ``Google Earth,'' ``Google 
Maps,'' and LiveJournal.com on various occasions. Internet access is 
widely available in urban areas and to a lesser extent in rural 
sectors. Internet cafes are numerous and can be found in even the most 
remote parts of the country. According to 2007 International 
Telecommunication Union data, there were approximately 483,400 
subscribers and 6.6 million users in the country.

    Academic Freedom and Cultural Events.--By law and in practice, the 
Government restricted presentations or discussions critical of the 
monarchy, Islam, or the status of Western Sahara. Islamist groups 
controlled many student unions and sometimes acted to constrain 
academic freedom. The MOI approved the appointments of university 
rectors.
    The Government banned Islamist literature it termed extremist at 
the 2008 Casablanca Book Fair.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
provides for freedom of assembly and association within the limits 
provided by law. In practice the Government suppressed demonstrations 
or prohibited associations that went beyond the limits set by the law 
for freedom of speech and press.

    Freedom of Assembly.--The MOI required permission for public 
assemblies. During the year the police forcibly prevented and disrupted 
some peaceful demonstrations and mass gatherings. Violent police 
actions were fewer than in previous years.
    In February all AMDH members that authorities arrested and 
imprisoned for allegedly chanting antimonarchical slogans at a May 2007 
protest had their sentences commuted and were released.
    On April 13, security forces violently disrupted a daily, 
unauthorized demonstration by the Union of Unemployed College Graduates 
in front of parliament.
    On June 7, police forcefully dispersed a week-long blockade of the 
port in Sidi Ifni by protestors demanding economic reforms. According 
to government reports, 48 members of the security forces and 23 
protestors were injured. Protestors and civil society organizations 
stated that police officers broke into homes of innocent residents, 
ransacked them and stole private property. There were no fatalities, 
although accusations of rape remained unresolved. Police arrested Sab 
Alail, a member of the CMDH, after he provided subsequently disproven 
information on fatalities to local and international media 
organizations. A court sentenced Alail to six months in prison and 
fined him 58,000 dirhams ($7,000) for incitement. On December 3, the 
Rabat court postponed an appeal hearing to January 7, 2009.

    Freedom of Association.--The constitution provides for freedom of 
association as provided by law. The Government reported that more than 
2,500 NGOs and associations were registered in the country. New 
organizations are required to register with the MOI. A proposed 
organization must submit its bylaws to the ministry. If the bylaws 
support the monarchy, Islam, and territorial integrity, the ministry 
issues a receipt to the organization, which signifies formal approval. 
The organization may apply for tax exemption and government funding. If 
the organization does not receive a receipt within one week, it is not 
formally registered. Many organizations functioned without the 
receipts.
    Organizations supporting self-determination for Western Sahara were 
not permitted to register, including the Association of Victims of 
Grave Human Rights Abuses (ASVDH) and the Sahrawi Collective of Human 
Rights Defenders (CODESA). Unregistered organizations cannot access 
government funds or legally accept contributions. ASVDH remained 
unregistered despite a 2005 Agadir administrative court decision 
requiring authorities to do so.
    During the year authorities continued to monitor JCO activities. In 
February 2007 authorities raided the home of JCO member Hussein 
Marjane, disrupted an ``open house'' organizational meeting and 
detained all attendees. Police later evicted Marjane's wife and 
children from the house.
    However, struggles between the Government and the JCO continued 
during the year. For example, on February 23, the media reported the 
arrest of 53 members of the JCO in Essaouira for holding an 
unauthorized meeting at the house of a regional leader. The meeting was 
attended by the movement's regional leaders from Marrakech, Casablanca, 
Mohammedia, and Essaouira.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion and stipulates that Islam is the official state religion. 
According to the constitution, the King is the ``Commander of the 
Faithful and the Supreme Representative of the Muslim community.'' Non 
Muslim communities openly practiced their faiths with varying degrees 
of official restrictions. The law proscribes efforts to proselytize 
Muslims. However, voluntary conversion is not prohibited by civil law.
    The Government supported and facilitated religious activities of 
the Jewish community.
    The Government prohibited the distribution of Christian religious 
materials for the purpose of proselytism, but tolerated several small 
religious minorities.
    The Government did not license or approve religions or religious 
organizations. The Government provided tax benefits, land, building 
grants, subsidies, and customs exemptions for imports necessary for the 
observance of the major religions.
    The Ministry of Endowments and Islamic Affairs (MEIA) continued to 
monitor Friday mosque sermons and Koranic schools to ensure the 
teaching of approved doctrine. During the year the ministry broadcasted 
approved programs to 38,000 mosques via government-provided television 
sets and satellite dishes. It placed restrictions on individual Muslims 
and Islamic organizations whose activities were deemed to exceed the 
bounds of religious practice or to be political in nature. The 
Government strictly controlled the construction of new mosques and 
required a permit for construction. Authorities instituted these 
measures to avoid exploitation of mosques for political propaganda, 
such as distributing pamphlets, raising funds, or disseminating 
extremist ideas.
    On October 27, the MEIA suspended six imams in the southern town of 
Taroudant for teaching an unapproved and extreme form of Islam and, 
among other acts, for allowing the marriage of young girls. The 
religious schools at which they taught were subsequently closed. This 
followed closure of dozens of madrasas (religious schools) affiliated 
with an imam who sparked controversy with a fatwa which was interpreted 
to permit the marriage of girls as young as nine years old, on the 
grounds that the decision encouraged pedophilia. On November 10, the 
MEIA informed parliament that he had signed an agreement with the MOI 
to ``protect mosques as secure places for worship.''
    The Government generally limited mosque activities to the 
propagation of Islam, education, and charity. The Government did not 
close any mosques during the year.
    The small foreign Christian community operated churches, 
orphanages, hospitals, and schools without restrictions or licensing 
requirements. Missionaries who conducted themselves in accordance with 
cultural norms largely worked unhindered, but those who proselytized 
publicly faced expulsion. In March the media reported the arrest in 
Zagora of two foreign tourists who were in possession of Bibles and 
compact discs on suspicion of proselytizing. Later, they were allowed 
to leave the country. The number of local Christians, apart from 
foreign spouses of citizens, was estimated to be between 5,000 and 
25,000 persons.
    Any attempt to induce a Muslim to convert is illegal, but this 
prohibition was not invoked in practice.

    Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts, publications, or incitements to violence.
    Representatives of the Jewish minority, estimated by community 
leaders to number 4,000 members, generally lived in safety throughout 
the country, and the Government provided appropriate security. The 
Jewish community operated schools and hospitals whose services were 
available to all citizens. The Government provided funds for religious 
instruction to the parallel system of Jewish public schools. Jews 
continued to hold services in synagogues throughout the country.
    There are two sets of laws and courts--one for Muslims and one for 
Jews--pertaining to marriage, inheritance, and family matters. Under 
the family code, which applies to Muslims, the Government began 
retraining judges and recruiting new civil judges, while rabbinical 
authorities continued to administer family courts for Jews. There are 
no separate family courts for other religious groups, which rely upon 
the civil system. The Government continued to encourage tolerance and 
respect among religions.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/gdrl/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. In practice the Government severely restricted movement 
in areas regarded as militarily sensitive, including Western Sahara.
    The MOI restricted the freedom to travel outside the country for 
all civil servants, including teachers and military personnel. Civil 
servants must obtain written permission from their ministries to leave 
the country.
    The law provides for forced exile. There were no known instances of 
its use during the year.
    The Government welcomed voluntary repatriation of Jews who had 
emigrated. Jewish emigrants, including those with Israeli citizenship, 
freely visited the country. The Government also encouraged the return 
of Sahrawis if they acknowledged the Government's claim to the Western 
Sahara territory. The Government eliminated previous informal 
restrictions on the travel of Sahrawis and made travel documents fully 
available.

    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. It provides 
for the rights of asylum seekers and the temporary residency of persons 
who do not qualify for refugee status or asylum. However, the 
Government has not yet established a national asylum procedure and 
instead defers to the UN High Commissioner for Refugees (UNHCR) as the 
sole agency in the country entitled to grant refugee status and verify 
asylum cases. In July 2007 the Government signed an agreement with 
UNHCR to strengthen cooperation in the face of rising rates of migrants 
attempting to reach Europe. The agreement raised the UNHCR office in 
the country to full representation and provided UNHCR staff with 
greater access to relevant departments in the Government. Before 
signing the agreement, UNHCR provided training to government officials 
on the appropriate treatment of 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. Although refugees recognized by UNHCR are 
no longer returned under such circumstances, their asylum claims are 
not processed or recognized by the Government of Morocco. This means 
that they are unable to obtain residence permits that would allow them 
access to the national health care system and the legal right to work. 
At year's end the UNHCR reported 877 refugees and 369 asylum seekers in 
the country.
    On April 28, media organizations reported that between 15 and 40 
irregular migrants died when a Moroccan sailor deliberately punctured 
their inflatable boat in the waters between Morocco and Spain. The 
Government stated that the boat had been damaged accidentally during an 
attempt to turn the migrants around and that a subsequent rescue 
operation saved more than 100 lives. The Navy launched an inquiry that 
exonerated the sailors.
    Spain continued to return to the country illegal immigrants taken 
into custody at sea. The Government and the International Organization 
for Migration (IOM) reported 210 cases of voluntary return by migrants. 
The Government also reported that 8,735 migrants who failed to make the 
crossing to Spain were taken into custody by Moroccan authorities. 
Spanish authorities reported a substantial drop in illegal migration 
from Morocco. Although the Government denies the practice, credible 
reports from NGOs and international organizations stated that illegal 
migrants are regularly driven into the desert at the border of Algeria 
where they are left without food or water and instructed to walk in the 
direction of Algeria.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides for regular, free elections on the basis of 
universal suffrage, including elections to parliament. Citizens vote 
for the legislature from which the Government is drawn; therefore, they 
had an indirect say in choosing a major part of the executive branches 
of the Government. However, this did not apply to the monarchy, and 
citizens did not have the right to fully change their government.
    The King as head of state appoints the prime minister, who is the 
titular head of government. The constitution authorizes the prime 
minister to nominate all government ministers, although the King also 
may nominate ministers and has the power to replace any minister. The 
Government consists of 34 cabinet level posts, including the prime 
minister and five sovereign ministerial posts that traditionally report 
directly to the King (i.e., interior, foreign affairs, justice, 
endowments and Islamic affairs, and defense). The MOI nominates 
provincial governors (walis) and local district administrative 
officials (caids) to the King. who appoints them. The King also 
appoints the constitutional council that determines whether laws passed 
are constitutional.
    The constitution may not be changed without the King's approval. 
The constitution provides that neither the monarchical system nor the 
measures related to the religion of Islam are subject to revision. Only 
the King has the power to put constitutional amendment proposals to a 
national referendum. Amendments can be proposed directly by the King or 
parliament and must pass both houses with a two-thirds majority. Once a 
royal decree has been issued, the amendment can be sent to a national 
referendum; however, the King has the authority to bypass any national 
referendum. Citizens elect municipal councils directly; citizens elect 
regional councils through representatives.

    Elections and Political Participation.--Electoral law and 
regulation give the MOI authority over the general operation of 
elections--from drawing the electoral districts to counting the votes. 
In March 2007 MOI redrew electoral districts to give more seats to less 
populated areas and dilute urban votes. The number of voters 
represented by each member of parliament varied significantly due to 
the manner in which the electoral districts were drawn. Redistricting 
took place before the 2009 local government elections.
    In the September 2007 legislative elections, the King mandated the 
royally chartered and appointed CCDH to supervise and facilitate the 
work of domestic and international observers, leading to the most 
transparent election in the country's history. The final counting was 
accepted by all political parties as accurate and certified by the MOI 
as legitimate.
    Observers praised the Government, including the MOI, for the 
professional administration of the September 2007 balloting. They 
attributed the low voter participation rate and high protest vote to 
weak parties and a parliament that has little vested power. Observers 
criticized preelection vote buying by parties and some instances of 
official misconduct at the district level. Domestic observers did not 
receive accreditation to observe the process until the eve of the 
election. All reports recommended the creation of an independent 
electoral commission.
    Between March and September 2007 a combined MOJ/MOI commission 
received 1,260 allegations of preelectoral malfeasance. The majority of 
complaints related to ``premature'' campaigning and, to a lesser 
extent, the inappropriate use of money, unlawful attempts to influence 
voting by government agents, and election or campaign violence. Seven 
cases related to registration fraud. Of the allegations received, the 
commission referred 53 cases for trial or judicial action. Most of the 
defendants were released on bail and were still awaiting court dates.
    On November 11, a court in the town of Beni Mellal, south of Rabat, 
sentenced the chairman of the city council to six months in jail for 
electoral fraud committed during the September 2007 legislative 
elections. The court also fined a member of the Liberal Party 80,000 
dirhams ($9,000) for election tampering and banned him from voting or 
running for office for two years. They were both accused of using 
government resources to influence voting.
    Political parties faced some government-imposed restrictions. The 
MOI must approve political parties. Legislation places conditions on 
the establishment and functioning of political parties. The law 
requires parties to hold frequent national congresses and to include 
women and youth in the leadership structures. Public funding is based 
on a party's total representation in parliament and the total number of 
votes received nationally. Only registered members of a particular 
party may make private contributions. A party can be disbanded if it 
does not conform to the provisions stated in the law. To create a new 
party, organizers must submit to the MOI a declaration signed by at 
least 300 cofounding members from on.--half of the 16 regions of the 
country.
    The September 2007 parliamentary elections resulted in the 
selection of 34 women out 325 total parliamentary seats--a decline of 
one seat from the previous term. Thirty of the 34 new female 
representatives were elected from a national list reserved for female 
candidates. In contrast, Prime Minister Abbas El Fassi's new 33-member 
government included five women ministers and two women secretaries of 
state, compared with two in the previous government. Women occupy other 
key leadership slots, such as mayor of Essaouira and governor of a 
district in Casablanca. There were no female members of the Supreme 
Court.
    Women's representation in political parties' decision making 
structures remained low. A revision of the electoral code lowered the 
voting age from 23 to 21 and instituted a quota for women's membership 
on local councils of 12 percent, well above the barely half of 1 
percent previously on the councils.
    In December 2007 the Government declared the Amazigh Democratic 
Party illegal on the grounds that it violated a constitutional ban 
against ethnic political parties. On January 13, the ban was upheld on 
appeal. Although there is significant participation by centrist parties 
such as the Popular Movement (MP) that identify themselves as 
representing Amazigh interests, many segments of the Berber political 
movement felt that their requests for greater cultural, political and 
economic autonomy were not given a fair or influential hearing.

    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 was a serious problem in the 
executive, legislative, and judicial branches of government. In May 
2007 the minister of justice stated that corruption and economic crimes 
accounted for 10 percent of all cases in the court system. During the 
year the MOJ adjudicated more than 6,000 corruption cases, although the 
outcomes of most were undetermined at year's end.
    The judiciary's lack of independence and susceptibility to 
influence were widely acknowledged, including by the King. In April 
2007 parliament adopted a law requiring judges to disclose property and 
financial assets, and in March a similar law passed pertaining to 
members of parliament and ministers.
    In response to his July 2007 Throne Day Speech, the King charged 
the Government with forming the high-level Central Commission for the 
Prevention of Corruption, composed of ministerial representatives and 
members of civil society, to investigate corruption allegations and 
report them to the prime minister. Eighteen months later, on December 
2, the prime minister announced the 42 members of the body, the 
President of which is a civil society anticorruption activist and 
former political prisoner. In addition to the commission, the MOJ and 
the Government Accountability Court (Cour de Comptes) also had 
jurisdiction over corruption issues.
    During the year the accountability court conducted 245 audits of 
national governmental offices and services and 198 of local 
authorities. The court's report was generally critical of the level of 
accountability and corruption in government services. The report levied 
specific criticism against the Health Ministry, National Investment and 
Development Fund, and several local mayors for rampant corruption. 
There were no prosecutions by year's end.
    There is no freedom of information law. In practice the Government 
did not grant access to official information to citizens and 
noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government's attitude toward international human rights 
organizations varied, depending on the sensitivity of the issues 
addressed. Domestic and international human rights groups generally 
operated without government restriction (apart from those which favor 
independence for Western Sahara and some Berber organizations), and 
they investigated and published findings on human rights cases. 
Government officials were generally cooperative and responsive to their 
views.
    Domestic and independent human rights NGOs recognized by the 
Government included the Moroccan Organization of Human Rights (OMDH) 
and the Moroccan League for the Defense of Human Rights (LMDDH). Since 
2000 the Government has subsidized these two NGOs. The AMDH did not 
cooperate officially with the Government but usually shared 
information. The OMP, a human rights organization recognized and 
partially funded by the Government, was granted access to prisons and 
prisoners. The Government sometimes met with and responded to inquiries 
and recommendations of these groups.
    According to 2007 government estimates, there were more than 2,500 
registered NGOs in the country. International NGOs such as Human Rights 
Watch, Reporters Without Borders, and Amnesty International cooperated 
with the Government on several human rights projects and generally 
reported unrestricted operation. The ICRC/Red Crescent conducted 
international humanitarian law training with the military and at Al-
Qarawiyyin University in Agadir.
    The CCDH, appointed by the King. advised him on human rights 
issues. A nonjudicial ombudsman considered allegations of governmental 
injustices, but in practice the CCDH filled many of the roles of 
national social ombudsman. The CCDH enjoyed broad trust and was 
generally viewed by the public as the only governmental body 
legitimately working in the field of human rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, sex, 
disability, language, or social status. In practice discrimination 
against women continued to be a problem, particularly in rural areas.

    Women.--The law severely punishes men convicted of rape or sexual 
assault. Spousal rape, however, is not a crime. Defendants in rape 
prosecutions bear the burden of proving their innocence. Sexual 
assaults often were unreported. While not provided for by law, victim's 
families may offer marriage as an alternative to rapists to preserve 
family honor.
    Reports by women's shelters provided a limited picture of the scale 
of violence against women and also noted the Government's failure to 
implement existing legislation. According to women's rights 
organizations, a government campaign to prevent violence against women 
launched in 2006 has had little follow-through, and major legal reforms 
are still needed, although the campaign has continued.
    During the year the Ministry of Social Development, Family and 
Social Security recorded 14,617 cases of violence against women, 
including rape. Two organizations operated counseling centers for legal 
and social services. The Anaruz network (31 centers) reported 16,527 
complaints of physical and sexual violence in 2007. The Democratic 
League for the Rights of Women (LDDF), with 12 centers, reported 3,569 
cases of violence in the same year. These counseling centers exist 
exclusively in urban areas and services for victims of violence in 
rural areas are limited to the local police.
    The law is lenient toward husbands who commit crimes against their 
wives. Police rarely involved themselves in domestic disputes. 
Regarding the issue of rape, women's rights organizations pointed to 
numerous articles of the law they believe perpetuate unequal treatment 
for women and insufficient protection. The prosecution of the statutory 
rapist of underage girls can be cancelled if the rapist agrees to marry 
his victim.
    The law does not specifically prohibit domestic violence against 
women, but the general prohibitions of the criminal code address such 
violence. Physical abuse was legal grounds for divorce, although few 
women reported abuse to authorities. Toll-free telephone numbers for 
victims of domestic violence existed in 20 centers nationwide.
    Honor crimes, or assaults against women with the intent to kill, 
were a problem. Instead of strengthening the law after a campaign to 
end ``honor killings,'' the Government extended the same protection to 
wives who kill their husbands.
    Prostitution is illegal. Closely linked to tourism and urban 
migration, it is a growing, but not a pervasive problem. Authorities 
did not effectively enforce the law.
    Sexual harassment in the workplace is a criminal offense, but only 
when committed by one's superior and is defined as an abuse of 
authority. Authorities did not effectively enforce the law. According 
to the Government, although the law allows victims to sue employers, 
few did out of a fear over losing their job or difficulty in proving a 
case.
    Women's inheritances, which are determined by Shari'a, vary 
depending on the presence of children and other wives.
    In 2007 Muslim women gained the right to pass nationality to their 
children. Previously, nationality was passed only through the father. 
The change allows children of citizen mothers and noncitizen fathers 
who are both Muslims to access the educational and social benefits 
available to all citizens. It also has implications for international 
custodial disputes involving binational couples. Citizenship can still 
be transferred to a child only if both parents are Muslim and if their 
marriage is recognized by the law.
    The 2004 family law changed the marriage age for women from 15 to 
18 years, placed the family under the joint responsibility of both 
spouses, and rescinded the wife's duty of obedience to her husband. A 
marital tutor is no longer a requirement for women as a condition of 
marriage, divorce is available by mutual consent, and limitations are 
imposed on the practice of polygamy.
    Implementation of the family law remained a concern because it 
largely depends on the judiciary's ability and willingness to put it 
into practice. Due to its controversial nature, the law was written in 
such a way as to provide broad interpretive latitude to individual 
judges, not all of whom agreed with its intent. Corruption among 
working-level clerks in the courts and a lack of knowledge about its 
provisions among many lawyers also constituted obstacles.
    On February 11, the MOJ released statistics that pointed to the 
positive effects of the 2004 family law. Divorce by mutual consent, a 
new right in the law, made up nearly 30 percent of cases in 2007. The 
code also allows women to initiate divorce proceedings. There were 
26,547 applications for divorce by women in 2007, compared with 14,181 
lodged by men. The code also allows women to marry without permission 
from a guardian. In 2007, 62,162 women arranged their own marriages, 
which was 3.4 percent more than in 2006.
    Many NGOs worked to advance women's rights and promote women's 
issues. Among these were the Democratic Association of Moroccan Women, 
the Union for Women's Action, the Democratic League for the Rights of 
Women, and the Moroccan Association for Women's Rights. All advocated 
enhanced political and civil rights. There were numerous NGOs that 
provided shelters for battered women; promoted literacy; and taught 
women basic hygiene, family planning, and childcare.

    Children.--The Government was generally committed to the protection 
of children's welfare. The constitution provides for compulsory, free, 
and universal education for children between the ages of six and 15.
    According to national statistics, approximately 250,000 children 
drop out of primary school each year and another 130,000 students leave 
middle and high school. A 2006 UN Children's Fund (UNICEF) study 
reported that 87 percent of all children stated that they were subject 
to some kind of violence at school.
    During the school year 2007-08, according to the Ministry of 
National Education, 91,802 students graduated from high school The 
number of students enrolled in university came to 396,849.
    According to statistics released by the MOJ on February 12, ten 
percent of all marriages were with girls under the age of 18. The legal 
marrying age of women is 18 years, but parents may secure a waiver from 
a judge.
    Children were exploited through prostitution within the country and 
increasingly were victims of sex tourism.
    The Government maintained accords with Spain and Italy to 
repatriate unaccompanied minors. Repatriation remained slow due to the 
lack of agreement by local families to allow the minors to return home 
as well as the small number of spaces in reception centers for minors 
with no place to return.

    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 was a source for men, women, and 
children trafficked to Europe and the Middle East for forced labor and 
sexual exploitation. Internal trafficking remained a problem. The two 
most commonly trafficked groups were girls sent involuntarily to serve 
as child maids and women forced to perform sexual services. According 
to UNICEF and national NGOs, recruiters habitually visited isolated 
rural villages in the Atlas Mountains, where they persuaded parents 
that their daughters would be better off as child maids. Women were 
trafficked to Saudi Arabia, Syria, and the United Arab Emirates and 
forced into prostitution after being promised jobs as domestics.
    The country was a transit point for trafficked persons. Men and 
women from Nigeria, India, Bangladesh, Sri Lanka, and Pakistan were 
trafficked to Europe or other Near Eastern countries. Sub-Saharan 
Africans transiting the country to Europe were also victims of 
traffickers. Women were often pressured into commercial sexual 
exploitation and involuntary servitude in exchange for food and 
shelter.
    Organized criminal gangs coordinated some of the clandestine 
migration to Europe, particularly by sub-Saharans transiting the 
country. Some of this activity may include trafficking. Police in the 
north, who reportedly ignored trafficking for financial gain, were 
arrested and convicted of a variety of crimes. Most trafficking rings 
were small criminal groups. Unofficial reports stated that hotel 
personnel arranged to transport girls and young women from rural areas 
to cities to be used in commercial sexual exploitation.
    In 2007 the Government charged two police officers in Casablanca 
with organizing a criminal gang to facilitate the illegal entry of 
foreigners and to assist in their exit from the country. These officers 
were convicted and sentenced to two years in prison.
    In 2006 officials dismantled a large international network that was 
trafficking and smuggling migrants from India and arrested 70 suspects, 
including a police officer. At year's end they were convicted and 
sentenced to two years in prison.
    The Government made efforts to prosecute traffickers and 
trafficking-complicit officials during the year. Penalties prescribed 
by the law for sex trafficking offenses are stringent and commensurate 
with those prescribed for other grave crimes, such as rape. In 2007 
authorities prosecuted 150 cases of inciting minors into prostitution 
and convicted 129 individuals for this trafficking crime. The 
Government did not provide any sentencing data to demonstrate that 
these convicted traffickers were punished. Security officers were 
convicted of trafficking offenses in Tangier, Tetouan, and Nador. Their 
sentences ranged from two months' suspended sentences with a fine to 
four years' imprisonment. During the year authorities reported 
dismantling 220 ``trafficking rings.'' Since the Government continued 
to make no distinction between migrant smuggling and trafficking, it is 
not clear how many, if any, actually were trafficking rings. In July 
2007 the Government investigated incidents of alleged sexual 
exploitation of women and girls in Cote d'Ivoire by Moroccan 
peacekeepers. The Government dropped charges when alleged victims 
failed to testify and claimed that they had been coerced into making 
the accusations.
    Protection of trafficking victims was a problem. Foreign 
trafficking victims were not properly identified, and often were 
arrested and subject to detention and automatic deportation along with 
other illegal migrants. There were reports that authorities routinely 
rounded up illegal sub-Saharan migrants, including victims of 
trafficking, and left them at the Algerian border, often without food 
or water. As the Government has not provided data regarding these 
expulsions, the extent of this problem is not known.
    NGO reports indicated that police physically abused trafficking 
victims. The Government did not offer legal alternatives to the removal 
of foreign victims of trafficking to countries where they might face 
hardship or retribution. Very few victims were repatriated. The 
Government provided in-kind support to NGOs assisting victims.
    UNHCR protection was available to trafficked individuals in theory, 
but the Government has no procedures in place to refer trafficked 
individuals to UNHCR. The Government continued to repatriate 
trafficking victims. IOM assisted in the voluntary repatriation of 
1,437 people during the year. The Government of Morocco reported that 
it expelled 8,735 illegal migrants during the year.
    The National Observatory of Migration formulated antitrafficking 
policy, which was implemented primarily by the MOI. Clandestine 
migration was the purview of immigration officials; prostitution was a 
police issue; and child bride cases were reviewed by local authorities, 
who ultimately report to MOI. Law enforcement officers often 
participated in training and seminars relating to trafficking and human 
rights in general.
    In March the Government committed approximately 26 million dirhams 
($3 million) to develop the income-generating capacity of families at 
risk of sending their children for domestic work. The Government also 
signed agreements with Catalonia, Spain and Italy to prevent illegal 
migration of Moroccan children, who are at extremely high risk of being 
trafficked. The Government did not, however, show significant efforts 
to raise public awareness of the commercial sexual exploitation of 
children and women in major cities, especially tourist areas, and did 
not take any reported measures to reduce the demand for commercial sex 
acts.

    Persons With Disabilities.--The Government did not effectively 
implement laws and programs to ensure access to buildings for persons 
with disabilities. The Ministry for Social Development, Families, and 
Solidarity had responsibility for protecting the rights of persons with 
disabilities and attempted to integrate persons with disabilities into 
society. In practice, however, integration was largely left to private 
charities. Typically, families supported persons with disabilities. A 
limited number survived by begging.

    National/Racial/Ethnic Minorities.--The official language is 
Arabic. Both French and Arabic are used in the news media and 
educational institutions. Science and technical courses are taught in 
French, thereby reducing participation of the large, monolingual 
Moroccan-dialect, Arabic speaking, or Tamazight (Berber)-speaking 
populations. Educational reforms in the past decade emphasized the use 
of Arabic in secondary schools. Failure to transform the university 
system similarly led to the disqualification of many students from 
higher education in advanced technical fields. The poor lacked the 
means to obtain the necessary additional French instruction to 
supplement the curriculum taught in public schools.
    Approximately 60 percent of the population claimed Amazigh 
heritage, including the royal family. Amazigh cultural groups contended 
that their traditions and language were being lost rapidly to 
Arabization. The Government added television programs in Tamazight in 
September 2007, and Tamazight language classes were included in the 
curriculum of a limited number of primary schools. In the 2007-08 
school year, the Government instituted an Amazigh language class in 
3,470 schools, an increase of 2,806 from the previous academic year. 
Programs in one of the Berber languages were increasingly available on 
both radio and television.
    Despite the fact that the country is majority Amazigh, rural areas 
that are predominantly Amazigh are the poorest in the country. 
Illiteracy in some areas runs as high as 80 percent, and authorities 
there often do not provide basic governmental services.
    In December in the town of Beni Mellal, in the strongly Amazigh 
Middle Atlas, five men died from exposure to the cold. In 2006, in the 
Amazigh town of Anfghouh, 35 people died of exposure during the winter. 
Amazigh activists criticize the Government for extracting rich natural 
resources from impoverished areas while making no provision for 
residents to benefit from the exploitation. The Amazigh political and 
cultural movement also demanded that the Berber be made an official 
language on par with Arabic and French. Some members of the Amazigh 
community have described difficulty registering traditional names of 
children, such as Massinissa and Yugurtha, with authorities, who denied 
them based on the fact that they were not Arab names. In June the 
President of the banned Amazigh Democratic Party publicly criticized 
the Government for this practice.
    In January several Amazigh activists were arrested in the town of 
Boulmane n'Dades and subsequently sentenced to between two and five 
years in prison. The activists stated that they were celebrating the 
traditional Berber New Year, while the Government charged them with 
disturbing the peace and incitement.

    Other Societal Abuses and Discrimination.--There was some societal 
violence based on sexual orientation. The penal code criminalizes 
homosexual acts, but these provisions were infrequently enforced. In 
April authorities raided a religious festival in Marrakech and charged 
some participants with violating laws against homosexuality.
    In November 2007 an angry mob ransacked the home of a man who had 
hosted an alleged gay wedding the previous weekend. In December 2007 he 
and five other participants were tried and convicted for violating the 
law against homosexual acts. All were released in March.
    The few people living with HIV/AIDS in the country faced 
discrimination and had limited treatment options.
Section 6. Worker Rights
    a. The Right of Association.--The constitution permits workers to 
establish and join trade unions. In practice the laws reportedly were 
not implemented in some areas. The law provides workers with the right 
to strike except for certain categories of government employees (e.g., 
members of the armed forces, police, and judiciary). Domestic and 
agricultural workers are not covered by the labor code and do not have 
the right to form unions. While most union federations were allied with 
political parties, unions were free from government interference. 
Approximately 5.5 percent of the country's workers were organized. Any 
group of eight workers may organize a union, and a worker may change 
union affiliation easily.
    The labor law details restrictions on the number of overtime hours 
worked per week and the rate of pay for holidays, nightshift work, and 
routine overtime. According to national and international NGOs, workers 
sometimes worked more than the standard 44 hours per week, and overtime 
hours were often required without pay.
    The law prescribes the Government's authority to intervene in 
strikes when national security, domestic stability, or vital economic 
interests are threatened. Employers cannot initiate criminal 
prosecutions against workers participating in strikes. Unlike in 
previous years, there were no reports that union officers were subject 
to government pressure.
    The law requires compulsory arbitration of disputes, prohibits sit 
ins, calls for a 10-day notice of a strike, and allows for the hiring 
of replacement workers. The Government can intervene in strikes, and a 
strike cannot take place around issues covered in a collective contract 
for one year after the contract comes into force. The Government has 
the authority to break up demonstrations in public areas where strikes 
have not been authorized and to prevent the unauthorized occupancy of 
private space.
    Unions may not prevent nonstrikers from working and may not engage 
in sabotage. Any striking employee who prevents a replacement worker 
from working is subject to a seven-day suspension. A second offense 
within one year is punishable by a 15-day suspension.

    b. The Right to Organize and Bargain Collectively.--The right to 
organize and bargain collectively is protected by law, and the 
Government generally upheld this right. The right to strike is freely 
practiced. Less than 6 percent or 600,000 of the 11.3 million-strong 
workforce belonged to a union. A work site may contain several 
independent locals or locals affiliated with more than one labor 
federation. Only unions having 35 percent of the workforce as members 
may be recognized as negotiating partners.
    Collective bargaining was prevalent in many sections of the 
economy. The wages and conditions of employment of unionized workers 
generally were set in discussions between employer and worker 
representatives; however, employers set wages for the vast majority of 
unionized and non-unionized workers unilaterally. Labor disputes arose 
in some cases as the result of employers failing to implement 
collective bargaining agreements and withholding wages.
    The law specifically prohibits antiunion discrimination and 
prohibits companies from dismissing workers for participating in 
legitimate union-organizing activities. The courts have the authority 
to reinstate arbitrarily dismissed workers and are able to enforce 
rulings that compel employers to pay damages and back pay. Unions may 
sue to have labor laws enforced, and employers may sue unions when they 
believe unions have overstepped their authority.
    Employers wishing to dismiss workers are legally required to notify 
the provincial governor through the labor inspector's office. In cases 
in which the employer plans to replace dismissed workers, a government 
labor inspector provides replacements and mediates the cases of workers 
who protest their dismissal.
    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, compulsory labor and clandestine labor, including by children. 
However, there were reports that such practices occurred. Child and 
forced labor was especially common in the agricultural and 
manufacturing sectors. Young girls often worked in urban areas as 
domestic servants. In practice the Government did not inspect the small 
workshops and private homes where the vast majority of such employment 
occurred. Forced labor persisted in the practice of adoptive servitude 
in households.

    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. The Government did not effectively 
implement these laws, except in organized labor markets.
    According to government statistics, during the first half of the 
year, 94 inspections led to citations being issued for 39 instances of 
employment of children under the age of 15. A total 184 site visits and 
616 investigations uncovered 19 cases of employment of children between 
15 and 18 years.
    The inspection visits found that the bulk of child laborers work in 
the carpentry/forestry (23 percent), mechanical (19 percent) and 
construction sectors (12 percent). Noncompliance with child labor laws 
was common, particularly in the agricultural sector. In 2006 domestic 
and international NGOs reported that up to 87 percent of the country's 
underage workers worked on family farms.
    The labor law sets the minimum age for employment in all sectors at 
15 years. According to the law, children under the age of 16 are 
prohibited from working more than 10 hours per day, which includes at 
least a one-hour break. Children under the age of 16 are not permitted 
to work between the hours of 9 p.m. and 6 a.m. in nonagricultural work 
or between 8 p.m. and 5 a.m. in agricultural activities. Employment of 
children under the age of 18 is prohibited in stone quarries, mines, or 
in any other positions deemed hazardous by the Government.
    In practice children were apprenticed before age 12, particularly 
in small, family-run workshops in the handicraft industry. Children 
also worked in the informal sector in textile, carpet, and light 
manufacturing activities. Children's safety and health conditions and 
wages were often substandard. Many young girls were exploited as 
domestic servants. The labor code does not cover domestic labor and 
therefore does not prohibit the employment of child maids. NGOs 
estimated that between 66,000 and 88,000 children worked illegally as 
domestic servants.
    Credible reports of physical and psychological abuse of domestic 
servants were common. Some orphanages were charged as complicit in the 
practice. The public generally accepted the concept of adoptive 
servitude. According to Human Rights Watch (HRW), the majority of child 
domestics worked 14 to 18 hours per day without breaks, seven days a 
week, for salaries of approximately $.05 to $.13 (at $0.40 to one 
dirham) per hour. Most child domestics did not receive monetary 
payment. They worked for food, lodging, and clothing. Children were 
also ``rented'' out to street businessmen by their parents or other 
relatives to beg. Parents received a fee for the use of their children, 
and the person ``renting'' the child kept a portion of the day's income 
from the child's begging.
    The Ministry of Employment is responsible for implementing and 
enforcing child labor laws and regulations. The law provides for legal 
sanctions against employers who recruit children under the age of 15, 
with fines ranging from 27,000 to 32,000 dirhams ($3,250 to $3,900). 
Legal remedies to enforce child labor laws include criminal penalties, 
civil fines, and withdrawal or suspension of one or more civil, 
national, or family rights, including denial of legal residence in the 
country for a period of five to 10 years. The law prohibits begging 
that exploits children and the buying and selling of child brides, but 
was not followed in practice.
    Application of the legal minimum employment age continues to be 
flouted in both the formal and informal sectors. According to MOJ 
officials, no employer has been convicted of employing a child under 
the age of 15 despite acknowledgement of the child's age. The informal 
sector, where the majority of children work, was not monitored by the 
MOL's small cadre of labor inspectors. There were no labor inspectors 
dedicated solely to child labor issues.
    Reportedly, police, prosecutors, and judges rarely enforced legal 
provisions on child abuse or on ``forced labor in cases involving child 
domestics,'' and few parents of children working as domestics were 
willing, or able, to pursue legal avenues that were likely to provide 
any direct benefit.
    The country continued to experience a high rate of child labor due 
to lack of enforcement of legal codes aimed at ending the exploitation 
of children, despite the 2006-15 National Plan of Action for Children. 
The Government expanded coordination with local, national, and 
international NGOs on various education and training programs during 
the year. As part of the National Plan of Action for Children and the 
GOM's anti-child labor efforts, the Ministry of Employment and 
Professional Formation led by the Office of the Director of Work, in 
conjunction with ILO-IPEC and local NGO partners, oversaw a number of 
programs to deal with the issue of child labor. The ministry is 
currently managing four programs implemented by local NGOs in the 
provinces of Kenitra, Taroudat, and two in Marrakech. The programs seek 
to decrease incidents of child labor through awareness raising, 
financial assistance to needy families, and lowering obstacles to 
school attendance. The total budget for the four programs is 
approximately $236,000.

    e. Acceptable Conditions of Work.--The minimum wage was 
approximately 10.14 dirhams ($1.25) per hour in the industrialized 
sector and 52.50 dirhams ($6.50) per day for agricultural workers. 
Businesses in the informal sector, which hire approximately 60 percent 
of the labor force, often ignored the minimum wage requirements. 
Neither minimum wage provided a decent standard of living for a worker 
and family, even with government subsidies. In many cases several 
family members combined their incomes to support the family. Most 
workers in the industrial sector earned more than the minimum wage. 
Including traditional holidal-related bonuses, workers generally were 
paid the equivalent of 13 to 16 months' salary each year.
    The law provides for a 44-48 hour maximum workweek, with no more 
than 10 hours in any single day, premium pay for overtime, paid public 
and annual holidays, and minimum conditions for health and safety, 
including a prohibition on night work for women and minors. Employers 
did not observe these provisions universally, and the Government did 
not enforce them effectively in all sectors. The Labor Code does not 
cover domestic or agricultural workers.
    Occupational health and safety standards were rudimentary, except 
for a prohibition on the employment of women and children in certain 
dangerous occupations. Labor inspectors attempted to monitor working 
conditions and investigate accidents, but they were too few in number 
and lacked sufficient resources. While workers in principle had the 
right to remove themselves from work situations that endangered health 
and safety without jeopardizing their continued employment, there were 
no reports of workers attempting to exercise this right.


                             WESTERN SAHARA

    Morocco claims the Western Sahara territory, with a population of 
approximately 383,000, according to recent UN estimates, and 
administers Moroccan law and regulations in the estimated 85 percent of 
the territory it controls. However, Morocco and the Polisario (Popular 
Front for the Liberation of the Saguia el Hamra and Rio de Oro), an 
organization that has sought independence for the formerly Spanish 
territory since 1973, dispute its sovereignty.
    The Moroccan government sent troops and settlers into the northern 
two provinces of the territory after Spain withdrew in 1975 and 
extended its administration over the third after Mauritania renounced 
its claim in 1979. Moroccan and Polisario forces fought intermittently 
from 1975 until the 1991 ceasefire and deployment to the area of a UN 
peacekeeping contingent, the UN Mission for a Referendum in Western 
Sahara (MINURSO).
    Sahrawis, literally ``people of the desert'' in Arabic, live in the 
south of internationally recognized Morocco, in the area of the 
territory controlled by Morocco and, to a lesser extent in Mauritania. 
Some also live as refugees in Algeria near the border with Morocco. An 
approximately 2,000 kilometer stone and sand defensive wall constructed 
by Morocco in the late 1980s, known as the ``berm,'' is the effective 
limit of Moroccan administrative control.
    In 1988 Morocco and the Polisario agreed to settle the dispute by 
referendum. However, disagreements over voter eligibility and which 
options for self-determination (integration, independence or something 
in between) should be on the ballot were not resolved, and a referendum 
never took place. Over the years, there have been several attempts to 
broker a solution.
    In 2007 the first face to face negotiations between representatives 
of the Moroccan government and the Polisario began under UN auspices, 
after Morocco offered a political solution based on autonomy for the 
territory within the Kingdom of Morocco, while the Polisario continued 
to insist on a potential referendum in which full independence would be 
an option. By year's end four rounds of talks had taken place in 
Manhasset, New York. On April 30, the UN Security Council adopted 
Resolution 1813, extending MINURSO until April 2009. The resolution 
also called on member states to consider voluntary contributions to the 
Confidence Building Measures (CBMs) carried out under the UN High 
Commissioner for Refugees (UNHCR) that allow increased contact between 
family members separated by the dispute. There were no further talks by 
year's end.
    Morocco considers the part of the territory that it administers to 
be an integral part of the Kingdom and the exercise of civil liberties 
and political rights are conditioned by the same laws and structures 
which apply in the Kingdom. Accordingly, ultimate authority rests with 
King Mohammed VI, and human rights conditions in the territory tended 
to converge with those in the Kingdom.
    Unlike in previous years, there were no reports that the Government 
or its agents committed arbitrary or unlawful killings.
    In June 2007 after an investigation carried out by the Moroccan 
government, two police officers responsible for the death of Hamdi 
Lembarki, a Sahrawi, were sentenced to 10 years in prison. Lembarki 
died in police custody from wounds received at a 2005 demonstration in 
Laayoune in support of the independence of Western Sahara. In March, an 
appellate tribunal in Laayoune released the officers, after reducing 
their sentences to two years, amounting to time served shortly after a 
police officer was killed during a pro-Sahara independence 
demonstration in Tal-Tan, in southern Morocco.
    There were no reports of migrant killings during the year. In July 
2007 two illegal migrants were killed and two were seriously injured 
while trying to break through a security system in Laayoune. 
Authorities stated that 37 sub-Saharan persons attempted to break 
through the surveillance system on the berm despite warning shots fired 
by security forces, and 26 were arrested. In July 2007 the Moroccan 
government launched an investigation, but no results were made public 
by year's end.
    On January 4, construction workers uncovered a mass grave 
containing what press reported were approximately 15 skeletons in 
Smara. The facility was the site of a former military barracks built 
during the 1970s, the period during which many Sahrawis disappeared or 
were murdered by authorities. Local and international human rights 
organizations called for an exhumation and full investigation. The 
Government began a formal investigation, which was still underway at 
year's end.
    In November 2007 construction workers discovered another mass grave 
at the Laayoune Prison. The Moroccan government stated that the bodies 
could be identified from the early 20th century; however, pro-
independence organizations, such as the unrecognized Sahrawi Collective 
of Human Rights Defenders (CODESA), claimed that they dated from the 
1970s and 1980s. In November the Government admitted in statements to 
the press that during this period activists and dissidents were 
secretly detained and sometimes killed, but stated that the five 
skeletons were not of that era.
    In 2007 the Consultative Council on Human Rights (CCDH), a Moroccan 
government organization, opened a Laayoune field office. Since 2000 the 
CCDH has paid reparations, including providing medical insurance or 
assisting with urgent medical or financial needs, to Sahrawis or the 
family members of those Sahrawis who had disappeared or detained. The 
Laayoune office continued to process and pay claims during the year. In 
October the CCDH sponsored its first town hall meeting on human rights 
in Laayoune, at which an estimated 400 human rights and political 
activists participated, including several speakers with separatist 
views. The CCDH committed to a follow-up mechanism that was to include 
local human rights activists, but no further action took place by 
year's end.
    During the year Sahrawi human rights activists claimed that beating 
and torture continued and that threats and the use of psychological and 
``mental stress'' interrogations persisted. According to a local, 
unregistered nongovernmental organization (NGO), the Sahrawi Collective 
of Human Rights Defenders (CODESA), however, specific reports of 
mistreatment and human rights violations within the territory 
decreased,
    Police reportedly sometimes beat detainees in transport vehicles 
rather than in stations or prisons in order to deny abusing persons in 
government facilities. Hamoud Iguilid, a member of the Laayoune branch 
of the unrecognized Moroccan Association for Human Rights (AMDH) 
claimed that police detained him on May 10, placed him in a police 
vehicle while handcuffed and blindfolded, questioned him about his 
human rights activities and insulted him. The officers held him for 
over an hour, confiscated money, documents related to his human rights 
activism, and a computer flash drive that contained sensitive 
information. They then drove him outside the city limits and released 
him. He filed a complaint with judicial authorities but was not 
contacted as part of an investigation.
    According to a May Human Rights Watch (HRW) report, during the year 
and in recent years there was impunity for police abuses. Numerous 
victims of human rights abuses repeatedly named specific police or 
security officials as arbitrarily arresting, either supervising or 
employing excessive force and/or beating demonstrators, including 
children, and forcing them to sign statements against their will that 
they were prevented from reading. During the year multiple complaints 
were filed with both police and judicial authorities against specific 
officers who had received complaints against them in previous years. 
According to HRW, authorities dismiss the overwhelming majority of 
complaints without collecting evidence beyond the police's own version 
of events. No officer was charged with any crimes during the year.
    Despite a reduction, the Government and many NGOs reported multiple 
cases of human rights abuses. For example, two activists, Dahha 
Rahmouni and Brahim al-Ansari reported filing formal complaints of 
police mistreatment on January 4, which authorities denied receiving. 
In 2007 Zahra Bassiri, a 14-year-old girl, was arrested after a 
peaceful demonstration by approximately 50 persons in support of 
Western Saharan independence, according to the Associated Press. 
Bassiri stated that police officers began beating her as soon as they 
put her into a transport van. No investigation was conducted. Of 12 
complaints of abuse that local authorities acknowledged receiving since 
2005, all were found baseless by the Government or closed without 
contacting the original complainant.
    A new prison was under construction at year's end. The Moroccan 
Observatory of Prisons (OMP), a local human rights NGO subsidized by 
the Moroccan government, and other activists have limited ability to 
enter prisons in the territory and interview inmates and record 
complaints. The OMP regional office in Laayoune stated that a new 
prison director decreased overcrowding, improved security by installing 
metal detectors and cameras to prevent violence, improved diet and 
access to health care, and created new cells for family visits. 
Eligible inmates were able to continue to pursue their education. 
However, allegations of abuse and substandard conditions persisted.
    Some human rights activists and NGOs charged that the Government 
had reduced overcrowding by transferring politically active prisoners 
to facilities in Morocco proper, far from their families and support 
networks as a punishment for activism. The Government stated that the 
transfers were administrative and were undertaken only to improve 
conditions. Some antigovernment activists continued to serve their 
sentences in Laayoune. Human rights activists and NGOs claimed that the 
court system in Laayoune dispensed justice unfairly. Many activists 
claimed that although they were arrested for political activities, they 
were officially charged with drug or other criminal offences and that 
courts often refused to bring in experts to testify about torture. 
Human rights and pro-independence activists claimed that authorities' 
repressive measures were also focused on them or other activists in 
areas of southern Morocco inhabited by Sahrawis. Activists and their 
attorneys also alleged multiple cases of forced or falsified 
confessions.
    During the year activists and NGOs alleged that police violated 
Moroccan law by holding minors for up to 72 hours without informing 
parents. Activists also claimed that minors were often seized and 
arrested for short periods of time, during which they were allegedly 
beaten before being released.
    Youths supporting independence were reportedly detained and 
mistreated. Activists claimed that they were regularly taken into 
custody, beaten, and released, generally within 24 hours, without being 
formally arrested or charged.
    Police reportedly used excessive force or violence to disperse some 
pro-independence demonstrations, which continued intermittently 
throughout the year. On April 12, police broke up a demonstration in 
Laayoune's central square. Several individuals were injured and 
arrested. Authorities claimed that they did not intervene in any 
demonstrations until demonstrators became violent and destroyed 
personal property.
    Moroccan media and satellite television are available in Western 
Sahara. However, it is illegal to publish or express views publicly 
calling for independence or a referendum which would include that 
option. Most other abuses are related to persons attempting to exercise 
these rights. The Government denied access to Web sites considered 
controversial, such as those advocating independence, and offenders 
were quickly detained.
    According to Amnesty International (AI), on June 17, Brahim Sabbar, 
Secretary General of the unrecognized Sahrawi Association of Victims of 
Grave Human Rights Violations Committed by the Moroccan State (ASVDH) 
was released following two years' imprisonment after unfair trials in 
2006 and 2007. Sabbar had been convicted of having led demonstrations 
in 2005 and 2006 against the Moroccan administration of Western Sahara 
and for belonging to the ASVDH, an unauthorized organization.
    On June 17, Moroccan authorities forcibly prevented parties and 
other gatherings from celebrating the release of Brahim Sabbar. 
Security officers assaulted Mohamed Dadach, a prominent human rights 
activist, recipient of the 2002 Rafto Human Rights Award from Norway 
and the President of the Support Committee for the Sahrawi People's 
Self-Determination, after he left the home of another activist in 
Laayoune. The activists were preparing to celebrate the release of 
Brahim Sabbar. Dadach claimed that approximately 15 police officers 
beat him on the face and body.
    On September 22, pro-independence activists attacked a police 
vehicle in Smara and burned it with Molotov cocktails after Polisario 
President Abdelaziz called on Sahrawis living in Moroccan-controlled 
territory to launch an uprising. Police subsequently broke up 
demonstrations, sometimes with excessive force.
    In May Naf'i al-Sah and Abdallah al-Boussati were released from 
prison after serving 10 months sentences for damaging a police car and 
injuring its three occupants with a Molotov cocktail in June 2007. Both 
men signed confessions but claimed that they were extracted under 
torture; there were also evidentiary irregularities.
    Protests by Sahrawi activists, including some from the territory, 
intensified in Morocco. The Moroccan government response included 
arrests, and there were allegations of abuse. (See Morocco report.)
    Some security personnel in the territory also received new 
training, which included a human rights component. The retention of 
other personnel in key roles who allegedly have perpetrated past 
abuses, however, highlighted continuing problems of impunity. According 
to the Polisario, Morocco continued to withhold information on 
approximately 150 missing Polisario combatants and supporters whom the 
Polisario listed by name. Morocco formally denied that any Sahrawi 
former combatants remained in detention. During the year the 
International Committee of the Red Cross (ICRC) continued to 
investigate such Polisario claims, as well as Moroccan claims that the 
Polisario had not fully divulged information on the whereabouts of 213 
Moroccan citizens. The total number of unresolved cases of missing 
Algerian and Polisario soldiers in which Morocco was implicated 
decreased from 249 in 1994 to 58 at year's end.
    In October 2007 the pro-independence CODESA applied to the Moroccan 
government for recognition as a NGO. CODESA claimed that authorities 
successfully impeded the organization's Constitutive Conference planned 
for October 2007. At year's end CODESA's application, sent by 
registered mail to the local authorities, had not been acknowledged.
    Since 2005, the Government has refused to approve ASVDH's 
application to register as a legal NGO despite two administrative court 
decisions in its favor. The Government filed an appeal against the 
decision to order registration, which it maintained was the rationale 
for nonimplementation of the court order.
    Both CODESA and ASVDH continued to operate informally, but the lack 
of legal status hindered normal activities, including securing space 
for public meetings and domestic fundraising and prevented 
international funding for the voluntee.--based organizations.
    The laws and restrictions regarding religious organizations and 
religious freedom in the territory are the same as those in Morocco. 
The constitution provides that Islam is the state religion, and that 
the state provides the freedom to practice one's religion. Unlike in 
previous years, external observers and international human rights 
activists increasingly gained access to the territory, and activists 
from the territory traveled abroad and returned unharmed. On December 
15, Sahrawi former ``disappeared'' human rights defender Aminatou 
Haidar travelled abroad to accept a prestigious human rights award from 
a private foundation. She was accompanied by more than half a dozen 
activists, and all returned to the territory without incident.
    Unlike in previous years, antigovernment activists were able to 
obtain passports. Both the Moroccan government and the Polisario 
restricted movement in militarily sensitive areas.
    Since 1977 the inhabitants of the Western Saharan provinces of 
Laayoune, Smara, Awsard, and Boujdour (and Oued El-Dahab since 1983) 
have participated in Moroccan national and regional elections. In 2007 
parliamentary elections, Sahrawis with pro-Morocco political views 
filled all the parliamentary seats allotted to the territory. No 
Sahrawis opposed to Moroccan sovereignty were candidates in the 
elections. According to government statistics, 37 percent of registered 
voters turned out for the election nationally, but 62 percent of 
registered voters in the territory voted. While the international 
mission that observed the September elections did not monitor voting in 
Western Sahara, domestic observers leveled accusations of corruption, 
principally vote buying, in some races.
    In 2006 King Mohammed VI appointed a new Royal Consultative Council 
for Saharan Affairs (CORCAS). In its three meetings during the year, 
the council focused principally on technical issues. There was no 
activity by its formerly active human rights committee except for 
attendance at the CCDH conference in Laayoune and participation in the 
general CORCAS conference in December held in Rabat.
    In the largely traditional Sahrawi society, there was 
discrimination in practice against women.
    The penal code imposes stiff fines and prison terms on individuals 
involved in or failing to prevent trafficking in persons. However, the 
territory remained a transit region for traffickers of persons.
    The Moroccan labor code applied in the Moroccan-controlled areas of 
the territory. Moroccan unions were present in those areas but were not 
active.
    There were no known strikes, other job actions, or collective 
bargaining agreements during the year. Most union members were 
employees of the Moroccan government or state-owned organizations. 
These individuals were paid 85 percent more than their counterparts in 
Morocco as an inducement to relocate to the territory. The Government 
exempted workers from income and value added taxes.
    The Moroccan labor code prohibited forced or bonded labor, 
including labor by children, and there were no reports that such 
practices occurred. Sahrawis and Moroccans protested against the 
reported holding of slaves among the Sahrawi refugees in Tindouf, 
Algeria.
    Human Rights Watch investigated allegations of slavery in the 
Tindouf camps in Algeria, but could find no conclusive proof of the 
allegations.
    Regulations on the minimum age of employment were the same as in 
Morocco. Child labor did not appear to be a problem.
    The minimum wage and maximum hours of work were identical to those 
in Morocco. In practice, however, during peak periods, workers in some 
fish processing plants worked as many as 12 hours per day, six days per 
week, which was well beyond the 10-hour day, 44-hour week maximum 
stipulated in the Moroccan labor code. Occupational health and safety 
standards were the same as those in Morocco and enforcement was 
rudimentary, except for a prohibition on the employment of women in 
dangerous occupations.
    On February 20, security forces arrested Sahrawi trade unionist 
Edeya Ahmed, his wife, and a delegation of European trade unionists at 
his home and then subsequently released them without charge. The 
delegation visited Western Sahara to meet with the workers and retirees 
from the phosphate mine at Boucraa, who claim violations of their labor 
rights have occurred on a regular basis since 1977 when Spain ceded its 
majority holding in the company to Morocco. The workers claim that 
Morocco immediately broke agreements and contracts with 721 Sahrawi 
workers, while 300 Spaniards were allowed to work under the terms of 
their original agreement. Sahrawi workers alleged they were 
consistently paid below market wages. Since 1999 representatives of the 
600 workers and retirees have met with company representatives to air 
their grievances, but maintain that they have not had a fair hearing.
    Both activists and other individuals reported a range of informal 
restrictions, including threats, by authorities to their ability to 
obtain employment, including with the MINURSO in Laayoune. They alleged 
that they were discriminated against in favor of persons who moved to 
the territory from Morocco.

                               __________

                                  OMAN

    The Sultanate of Oman is a hereditary monarchy with a population of 
approximately 3.3 million, including approximately 900,000 
nonnationals, ruled by Sultan Qaboos Al Bu Sa'id since 1970. Only the 
Sultan can amend the country's laws through royal decree. The 84-member 
Majlis al-Shura (Consultative Council) is a representative advisory 
institution that can review legislation. In October 2007 approximately 
245,000 registered voters participated in generally free and fair 
elections for all of the council's seats. The civilian authorities 
generally maintained effective control of the security forces.
    Citizens did not have the right to change their government. The 
Government restricted freedoms of privacy, speech, press, assembly, 
association, and religion. Discrimination and domestic violence 
persisted for women. There was a lack of sufficient legal protection 
and enforcement to secure the rights of migrant workers. There were 
reports that expatriate laborers, particularly domestic workers, were 
placed in situations amounting to forced labor and that some suffered 
abuse.
    On November 16, the Government established an independent human 
rights commission with membership from both the public and private 
sectors. On November 24, it also passed a comprehensive law to combat 
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 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. 
Unlike in previous years, there were no reports that any prison cells 
lacked proper sanitation.

    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 Royal Office, part 
of the cabinet, controls internal and external security and coordinates 
all intelligence and security policies. Under the Royal Office, the 
Internal Security Service investigates all matters related to internal 
security, and the Sultan's Special Force has limited border security 
and antismuggling responsibility. The Royal Oman Police (ROP), also 
part of the cabinet, performs regular police duties, provides security 
at points of entry, serves as the country's immigration and customs 
agency, and operates the coast guard. The Ministry of Defense, and in 
particular the Royal Army of Oman, is responsible for securing the 
borders and has limited domestic security responsibilities.
    There were isolated reports of corruption during the year. The 
ROP's Directorate General of Inquiries and Criminal Investigation is 
charged with investigating allegations of police abuse, and its 
findings are turned over to the Directorate General of Human Resources 
for disciplinary action. There is no public information about the ROP's 
internal disciplinary action. Officers received human rights training 
at the police academy.

    Arrest and Detention.--The law does not require the police to 
obtain a warrant prior to making an arrest. The law provides that 
within 48 hours of arrest, the police must either release the accused 
or refer the matter to the public prosecutor. Within 24 hours the 
public prosecutor must formally arrest or release the person. In 
contrast with 2007, detainees were generally informed promptly of the 
charges against them. The state provided public attorneys to indigent 
detainees. Authorities must obtain court orders to hold suspects in 
pretrial detention. Judges may order detentions for 14 days to allow 
investigation and may grant extensions if necessary. There was a 
functioning system of bail. Detainees generally had prompt access to a 
lawyer of their choice; however, the police sometimes failed to notify 
a detainee's family, or the detainee's sponsor in the case of an 
expatriate laborer, of the detention. There were isolated reports that 
foreign workers suspected of being in the country illegally were 
detained without charge pending confirmation of their immigration 
status.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the Sultan may act as a court of final 
appeal and exercise his power of pardon as chairman of the Supreme 
Judicial Council, the country's highest legal body, which is empowered 
to review all judicial decisions.
    The Ministry of Justice administers all courts. The magistrate 
court system is composed of courts of first instance, courts of appeal, 
and the Supreme Court. There are 42 courts of first instance located 
throughout the Sultanate that hear civil, criminal, commercial, labor, 
and personal status cases. One judge presides over each court of first 
instance. There are six courts of appeal, each with a panel of three 
appointed judges. The Supreme Court, comprising five judges, 
standardizes legal principles, reviews decisions of lower courts, and 
monitors judges in their application and interpretation of the law. The 
Sultan can pardon or reduce sentences but cannot overturn a Supreme 
Court verdict. The Supreme Judicial Council can hear appeals beyond the 
Supreme Court. Members of the Supreme Judicial Council included the 
President of the Supreme Court, the minister of justice, the public 
prosecutor, and the inspector general.
    Principles of Shari'a inform the civil, commercial, and criminal 
codes. Laws governing family and personal status are based on the 
Government's interpretation of Shari'a.
    The Administrative Court, under the authority of the Diwan of the 
Royal Court, reviews complaints about the misuse of governmental 
authority. It has the power to reverse decisions made by government 
bodies and award compensation. Appointments to this court are subject 
to the approval of the Administrative Affairs Council. The court's 
President and deputy President are appointed by royal decree based on 
the council's nomination.
    The State Security Court tries cases involving national security 
and criminal matters that require expeditious or especially sensitive 
handling. The security court procedures mirror those applicable 
elsewhere in the criminal system. The Sultan may exercise his powers to 
extend leniency, including in cases involving state security.
    Military and security personnel are subject to a military tribunal 
system of justice to which there is limited outside visibility or 
access.

    Trial Procedures.--The law provides for the right to a fair trial, 
and the judiciary generally enforced this right for all citizens. The 
law also provides for the presumption of innocence. Juries are not 
used; however, citizens have the right to a public trial, except when 
the court decides to hold a session in private in the interest of 
public order or morals.
    Defendants have the right to be present, to consult with an 
attorney in a timely manner, and to present evidence and confront 
witnesses. The prosecution and defense counsel directs questions to 
witnesses through the judge. Defendants and their lawyers generally had 
access to government-held evidence relevant to their cases. Courts 
provide public attorneys to indigent detainees and offer legal defense 
for defendants facing prison terms of three years or more. Those 
convicted may appeal jail sentences longer than three months and fines 
of more than 480 rials (approximately $1,250).

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

    Civil Judicial Procedures and Remedies.--Civil cases are governed 
by applicable civil procedure codes. Citizens and nationals of other 
countries were able to file cases in the courts. There were instances 
in which courts ruled in favor of domestic servants against their 
sponsors, requiring sponsors to return the workers' passports and allow 
them to break the employment contract. In some of these instances, the 
court issued orders to apprehend the sponsor and force his or her 
appearance before the court. Both citizens and foreign workers can 
lodge complaints regarding working conditions with the Ministry of 
Manpower (MOM) for administrative redress. The MOM may refer cases to 
the courts if the ministry is unable to negotiate a solution.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides for broad governmental discretion, 
which the Government used in practice.
    The law does not require police to obtain search warrants before 
entering homes, although the police often obtained warrants from the 
public prosecutor's office. The Government monitored private 
communications, including mobile phones, e-mail, and Internet chat room 
exchanges. The Ministry of Interior (MOI) required citizens to obtain 
permission to marry foreigners except nationals of Gulf Cooperation 
Council (GCC) countries; permission was not granted automatically. 
Citizen marriage to a foreigner abroad without MOI approval may cause 
the foreign spouse to be denied entry into the country and prevent a 
legitimate child from claiming citizenship rights.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for limited 
freedom of speech and of the press; however, the Government generally 
restricted these rights in practice. Journalists and writers exercised 
self-censorship, due to both the expectation of official censorship and 
fear of government reprisal.
    The law prohibits criticism of the Sultan in any form or medium; 
``material that leads to public discord, violates the security of the 
state, or abuses a person's dignity or his rights"; messages of any 
form that violate public order and morals or are harmful to a person's 
safety; and ``defamation of character.'' Courts have interpreted these 
laws to mean it is illegal to insult any public official.
    There are five privately owned newspapers in the country, three in 
Arabic and two in English. Editorials generally were consistent with 
the Government's views, although authorities tolerated some limited 
criticism regarding domestic and foreign affairs issues, including GCC 
policies, which the country participated in determining. In addition 
there were two state-owned newspapers and more than 30 state-owned and 
privately owned magazines in circulation. The Government owned three 
radio stations and two television stations, none of which generally 
aired politically controversial material. There were also three private 
radio stations that aired occasional news bulletins supplied by the 
state-owned Oman News Agency. Access to foreign broadcasts via 
satellite was widespread in the major urban areas; however, there was 
no permanent international media presence in the country. Occasional 
international reporting tended to focus on special events or human 
interest stories.
    The Ministry of Information strictly censored material viewed as 
politically, culturally, or sexually offensive from all domestic and 
imported publications. All content in both public and private print 
outlets was subject to an official, nontransparent review and approval 
process prior to publication.
    Various media companies reportedly refused to publish articles by 
journalists who previously criticized the Government; however, unlike 
in 2007, there were no reports that the Government maintained an 
alleged blacklist of journalists and writers whose work is not to be 
published in the country. The authorities tolerated a limited degree of 
criticism of policies, government officials, and agencies, particularly 
via the Internet; however, such criticism rarely appeared in 
traditional mass media.
    The Government continued to use libel laws and concerns for 
national security as grounds to suppress criticism of government 
figures and politically objectionable views.
    There were no major publishing houses in the country and very 
little publication of books. The Government restricted the importation, 
distribution, and publication of books as it restricted other media.

    Internet Freedom.--The law restricted free speech via the Internet, 
and the Government enforced the restrictions. The Government's national 
telecommunications company made Internet access available for a fee to 
citizens and foreign residents. Despite infrastructure increases, less 
than 5 percent of the population had subscription Internet access 
during the year; however, Internet access was widely available via 
Internet cafes in urban areas.
    The Government's telecommunications company restricted access to 
numerous Web sites considered pornographic, culturally or politically 
sensitive, or competitive with local telecommunications services. The 
criteria for blocking Internet sites were not transparent. The 
Government placed warnings on other Web sites that criticism of the 
Sultan or personal criticism of government officials would be censored 
and could lead to police questioning, which increased self-censorship. 
The Government also monitored Internet communications and reportedly 
questioned some chat room contributors who were critical of government 
officials or policies, or whose postings precipitated criticism, after 
tracking the contributors through their Internet service provider 
addresses.
    The country's former most popular chat room site, al-Sablah al-
Omania, remained closed at year's end. In January 2007 police arrested 
the site's founder and 10 of his associates for publishing comments 
critical of government officials. After a four-month trial, a court of 
first instance acquitted the founder and three codefendants on charges 
of slander but fined the six other defendants and sentenced one 
defendant to one month in jail. Although several sites served as 
replacements for al-Sablah, all were rigorously cautious concerning 
content, and moderators reportedly quickly deleted potentially 
offensive material.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom, particularly publishing or discussing controversial 
matters such as domestic politics, through the threat of dismissal. As 
a result, academics generally practiced self-censorship. There were no 
reported cases during the year in which the Government dismissed an 
academic on these grounds.
    The appropriate government authority must approve all public 
cultural events. Organizations avoided controversial issues, reportedly 
due to belief that the authorities might not approve such events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for circumscribed freedom of assembly, and 
the Government restricted the exercise of this right in practice. Prior 
government approval was necessary for all public gatherings. The 
authorities enforced this requirement with rare exceptions.

    Freedom of Association.--The law provides for freedom of 
association ``for legitimate objectives and in a proper manner.'' The 
Council of Ministers approves the establishment of nongovernmental 
organizations (NGOs)--officially recognized as associations--to work on 
a set of acceptable issues, including women, children, the elderly, 
persons with disabilities, the environment, and others approved by the 
council. The council limited freedom of association in practice by 
prohibiting associations whose activities were deemed ``inimical to the 
social order'' or otherwise not appropriate and did not license groups 
regarded as a threat to the predominant social and political views or 
the interests of the country. Associations must also register with the 
Ministry of Social Development, which approves association bylaws. The 
average time required to receive approval and register an association 
was about two years. Formal registration of nationalit.--based 
associations was limited to one association for each nationality.
    Women's associations were able to register somewhat faster than 
other organizations because women's associations only have to register 
with the Ministry of Social Development and do not have to be approved 
by the Council of Ministers.

    c. Freedom of Religion.--The law provides for the freedom to 
practice religious rites as long as doing so does not disrupt public 
order. The Government generally respected this right, but within 
defined parameters that placed limitations on the right in practice. 
The law provides that Islam is the state religion and that Shari'a is 
the source of legislation. Most citizens were Ibadhi or Sunni Muslims, 
with some Shia and a few non-Muslim citizens. The Government permitted 
worship by non-Muslim residents. All religious organizations must be 
registered with the Government.
    Non-Muslims were free to worship at churches and temples built on 
land donated by the Sultan. In 2006 the Government formally prohibited 
religious gatherings in locations other than government-approved houses 
of worship and mandated that non-Islamic institutions receive approval 
from the Ministry of Endowments and Religious Affairs (MERA) prior to 
issuing publications within their communities. The Government enforced 
the prohibition on places of worship only if there was a specific 
complaint, and it generally did not review religious publications prior 
to their dissemination.
    Islam was taught from a cultural and historical perspective in 
public and private schools, and Islamic studies were mandatory for 
Muslim students. Non-Muslim students in both systems were exempt from 
this requirement, and many private schools provided alternate religious 
studies instruction.
    The law does not prohibit proselytizing, but the MERA can stop 
individuals or groups from engaging in proselytizing if the ministry 
receives complaints. The Government may use immigration regulations and 
laws against harassment to enforce the ministry's policy.
    The MERA monitored sermons at mosques to ensure imams did not 
discuss political topics or instigate religious hatred or divisions. 
The Government expected all imams to preach sermons within the 
parameters of standardized texts distributed monthly by the ministry. 
Imams may be suspended or dismissed for exceeding government 
boundaries; however, there were no reported suspensions or dismissals 
during the year. The Government monitored but did not attempt to 
control the content of sermons in non-Islamic communities.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence or harassment against members of religious groups; 
however, anti-Semitism was present in the media. There was no Jewish 
population and there were no reports of anti-Semitic acts or public 
statements by community or national leaders that vilified Jews. 
However, anti-Semitic editorial cartoons depicting stereotypical and 
negative images of Jews, along with Jewish symbols, were published 
during the year. These expressions occurred primarily in the privately 
owned daily newspaper Al-Watan without government response.
    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 and repatriation, and the Government 
respected these rights in practice. The law does not specifically 
provide for foreign travel or emigration; however, the Government 
generally respected these rights in practice. The Office of the UN High 
Commissioner for Refugees (UNHCR) did not visit the country during the 
year, and the UNHCR did not maintain an office or personnel in the 
country. The law prohibits forced exile, and there were no reported 
cases 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, although the 
country is not party to either the convention or the protocol. The ROP 
is responsible for determining refugee status but did not accept 
refugees for resettlement during the year. The ROP's system for 
granting refugees was not transparent, and the law does not specify a 
time frame in which the ROP must adjudicate a resettlement application.
    In practice the Government did not provide protection against the 
return of refugees to countries where their lives or freedom would be 
threatened. Tight control over the entry of foreigners effectively 
limited refugees and prospective asylum seekers. Authorities 
apprehended and deported hundreds of Somalis, Yemenis, Ethiopians, and 
Eritreans, who sought to enter the country illegally by land and sea in 
the south, and Afghans and Pakistanis, who generally came to the 
country by boat via Iran in the north. Authorities generally detained 
these persons in centers in Salalah or the northern port city of Sohar, 
where they stayed an average of one month before being deported to 
their countries of origin.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens with the right to change their 
government. The Sultan retains ultimate authority on all foreign and 
domestic issues.

    Elections and Political Participation.--In October 2007 more than 
60 percent of almost 400,000 registered voters participated in 
elections for the Consultative Council, which has no formal legislative 
powers. Electoral commissions reviewed potential candidates against a 
set of educational and character criteria before allowing candidates' 
names on the ballot. There were no notable or widespread allegations of 
fraud or improper government interference in the voting process. 
Although the Government did not permit independent monitoring of the 
elections, the Ministry of Information invited foreign journalists to 
cover the voting in several locations throughout the country.
    The law does not provide for political parties.
    There were 14 women in the 154-seat Council of Oman, comprising the 
Consultative Council, whose members are elected, and the State Council, 
whose members are appointed by the Sultan. There were four appointed 
female ministers, three of whom served in the 32-member cabinet.
    The Council of Oman and the Cabinet of Ministers were composed of 
representatives from a variety of linguistic, religious, racial, and 
other backgrounds.

    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.
    The law does not provide public access to government information; 
however, all royal decrees and ministerial decisions were published for 
public access.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government restricted NGO activity. There were no registered 
domestic human rights NGOs or fully autonomous human rights groups in 
the country. On November 16, the Government established a human rights 
commission to protect and report on human rights via the State Council 
to the Sultan.
    No association may receive funding from an international group 
without government approval. Individuals convicted of doing so could 
receive up to six months in jail and a 500-rial (approximately $1,310) 
fine. Heads of domestic NGOs reported that the Government periodically 
asked to review their financial records to confirm sources of funding 
and required NGOs to inform the Government of any meetings with foreign 
organizations or diplomatic missions.
    In 2006 there were reports that the Government threatened an 
activist involved in a foreign-registered organization with arrest or 
loss of government employment or scholarships. There were no further 
reports of this practice during the year.
    The Government allowed several international organizations to work 
in the country without interference, including the UN Children's Fund, 
the World Health Organization, and the International Labor Organization 
(ILO).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination against citizens on the basis of 
gender, ethnic origin, race, language, religion, place of residence, 
and social class. However, the Government did not effectively enforce 
the law, and discrimination of various types existed.

    Women.--The law criminalizes rape, with penalties of up to 15 years 
in prison, but it does not criminalize spousal rape. The Government 
generally enforced the law when cases were reported; however, cultural 
and societal influences may have prevented many women from reporting 
rape. As a result, there was no estimate of the extent of the problem. 
Foreign nationals working as housemaids occasionally reported that they 
had been raped by their sponsors or by employees of labor recruitment 
agencies. According to officials in foreign missions, police 
investigations resulted in few rape convictions; sponsors repatriated 
most of the women who made the allegations.
    The law does not specifically address domestic violence. Assault, 
battery, and aggravated assault carry a maximum sentence of three years 
in prison. Allegations of spousal abuse in civil courts handling family 
law cases were reportedly common. Victims of domestic violence may file 
a complaint with the police; however, due to cultural and societal 
customs, women often sought private family intervention to protect them 
from violent domestic situations. Authorities enforced the law when 
they were aware that such crimes had occurred.
    According to a 2006 report by the World Health Organization, female 
genital mutilation (FGM) occurred in rural areas to a limited extent. 
There is no law prohibiting FGM, but the Ministry of Health prohibited 
doctors from performing the procedure in hospitals. The problem 
remained sensitive and was not discussed publicly. Planners at the 
Ministry of Health have not taken action to eliminate FGM.
    Prostitution was illegal. However, observers reported that, despite 
strict cultural norms and immigration controls, women from Eastern 
Europe, South Asia, North Africa, and China engaged in prostitution.
    Despite legal and some social progress, including the appointment 
of women as ministers, ambassadors, and senior government officials, 
women continued to face many forms of discrimination. Aspects of 
Islamic law and tradition as interpreted in the country discriminated 
against women. The law favors male heirs in adjudicating inheritance. 
Many women were reluctant to take an inheritance dispute to court for 
fear of alienating the family. Women married to noncitizens may not 
transmit citizenship to their children.
    Although women may own property, government officials applied 
different standards to female applicants for housing loans, resulting 
in fewer approvals for women. On November 16, the Government enacted 
new laws to equalize the treatment of men and women in receiving free 
government land for housing. Illiteracy among women 45 and older 
hampered their ability to own property, participate in the modern 
sector of the economy, or educate themselves about their rights.
    Government policy provided women with equal opportunities for 
education, and educated women have attained positions of authority in 
government, business, and the media; however, many women still faced 
job discrimination based on cultural norms. In both the public and 
private sectors, women were entitled to maternity leave and equal pay 
for equal work. The Government, the country's largest employer of 
women, observed such regulations, as did many private sector employers.
    The Ministry of Social Development is the umbrella ministry for 
women's affairs. The ministry provided support for women's economic 
development through the Oman Women's Association and local community 
development centers.

    Children.--The Government is committed to the rights and welfare of 
children in Oman. Primary school education for children, including 
noncitizen children, was free and universal but not compulsory.
    There were no public reports of violence against children; however, 
FGM allegedly was performed on some girls ages one to nine.

    Trafficking in Persons.--On November 24, the Government enacted a 
law that prohibits all forms of trafficking in persons. Trafficking 
remained a problem in the country. The law establishes the ``National 
Committee for Combating Trafficking in Persons'' under the leadership 
of a government minister.
    The sultanate was a destination and transit country for men and 
women trafficked primarily from Pakistan, Bangladesh, India, Sri Lanka, 
Indonesia, and the Philippines, some of whom became victims when they 
were subjected to conditions of involuntary servitude as domestic 
workers and laborers. It was also a destination country for women from 
the People's Republic of China, the Philippines, India, Morocco, and 
Eastern Europe for commercial sexual exploitation.
    During a 2006 fact-finding visit, the UN special rapporteur (UNSR) 
for trafficking in persons received reports that some local recruitment 
agencies brought domestic servants and laborers to the country under 
fictitious contracts and sometimes confiscated passports and other 
labor documents.
    Persons convicted on trafficking charges face three to 15 years in 
prison and fines of 5,000 to 100,000 rials (approximately $13,000 to 
$260,000). The Government arrested, prosecuted, and punished 
individuals in at least two prostitution cases during the year.
    The MOM, ROP, and public prosecutor's office are primarily 
responsible for combating trafficking. The Government worked with 
foreign governments to prevent trafficking in persons. For example, the 
Government signed a memorandum of understanding with India regarding 
the treatment of its expatriate workers in Oman and also worked with 
sending countries to identify and prosecute recruitment agencies 
involved in trafficking.
    During the year the MOM employed new labor inspectors trained by 
the ILO to identify victims of trafficking in persons and began more 
rigorous inspections of privately owned companies in the country. The 
Government continued to operate a 24-hour hot line to register 
complaints from potential victims and held training sessions for MOM 
officials on trafficking and forced labor during the year.
    The State Department's Trafficking in Persons Report can be found 
at www.state.gov/g/tip.

    Persons With Disabilities.--The law provides persons with 
disabilities the same rights prescribed for other citizens, although a 
February 2007 report by the UNSR on disabilities identified a lack of 
protective legislation to ensure equal educational opportunities. 
Although there were no reports of government discrimination against 
persons with disabilities, the Government did not effectively enforce 
the law, and persons with disabilities faced societal discrimination.
    The law mandates access to buildings for persons with disabilities. 
Access to buildings is sometimes possible, but persons with 
disabilities still face challenges and many older buildings and 
historical sites were not retrofitted to conform to the law. The law 
also requires private enterprises employing more than 50 persons to 
reserve at least 2 percent of positions for persons with disabilities. 
In practice this regulation was not widely enforced.
    The Ministry of Social Development is responsible for protecting 
the rights of persons with disabilities. The Ministry of Education 
initiated programs in the Muscat area during the year to reintegrate 
students with disabilities into the mainstream education system.

    Other Societal Abuses and Discrimination.--The penal code 
criminalizes homosexuality, with a jail term of six months to three 
years; however, there were no reports of prosecutions for homosexual 
conduct during the year.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--In 2006 the Government officially 
recognized workers' rights to form unions and a general federation to 
represent unions in regional and international fora. Members of the 
armed forces, public security institutions, government employees, and 
domestic workers are prohibited from forming or joining unions. At 
year's end, according to the MOM, workers had formed 58 unions at the 
enterprise level.
    Workers have the right to strike; however, they must give employers 
three weeks' notice of intent to strike. In May 2007 workers at the 
Port of Salalah went on strike demanding higher wages and changes to 
policies covering health and safety. The MOM declared the strike 
illegal because workers had not provided sufficient advance 
notification. The strike ended after one day with most of the striking 
workers returning to their jobs, and the parties subsequently achieved 
a negotiated settlement.
    Some government control over union activities remained. The law 
prohibits accepting grants or financial assistance from any source 
without the MOM's prior approval. The Government also requires unions 
to register.

    b. The Right to Organize and Bargain Collectively.--The law allows 
for collective bargaining, and regulations require employers to engage 
in collective bargaining on the terms and conditions of employment, 
including wages and hours of work. The law prohibits employers from 
firing or imposing penalties for union activity.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including of children; however, there were 
reports that adult forced labor occurred.
    At times foreign workers were reportedly placed in situations 
amounting to forced labor. In 2006 the Supreme Court ruled that foreign 
workers may change employers without first receiving permission from 
their original sponsor. However, some employers of domestic workers 
continued to withhold documents releasing them from employment 
contracts or demanded release fees totaling as much as 600 rials 
(approximately $1,560) before allowing them to change employers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits all child labor; the minimum age for employment is 15 
years, or 18 for certain hazardous occupations. Children 15 to 18 may 
only work between the hours of 6 a.m. and 6 p.m. Minors are prohibited 
from working for more than six hours per day, on weekends, or on 
holidays. The MOM generally enforced the law effectively; however, in 
practice, enforcement often did not extend to small family businesses 
that employed underage children, particularly in the agricultural and 
fishing sectors.
    Child labor did not exist in any formal industry. As a cultural 
practice, Bedouin children voluntarily participated in camel racing for 
their families. The Government continued one-year increases in the 
minimum age of camel riders; the 1.--year minimum is scheduled to be 
achieved in 2009.

    e. Acceptable Conditions of Work.--The minimum wage for citizens of 
140 rials (approximately $364) per month did not provide a decent 
standard of living for a worker and family. Further, minimum wage 
regulations did not apply to a variety of occupations and businesses, 
including small businesses that employed fewer than five persons, 
dependent family members working for a family firm, and some categories 
of manual labor. There is no minimum wage for foreign workers. There 
were reports that migrant laborers in some firms and households worked 
more than 12-hour days for as little as 30 rials ($78) per month. The 
MOM effectively enforced the minimum wage for citizens.
    The private sector workweek was 40 to 45 hours and included a rest 
period from Thursday afternoon through Friday. Government workers had a 
35-hour workweek. Although the law does not designate the number of 
days in a workweek, it requires at least one 24-hour rest period per 
week and mandates overtime pay for hours in excess of 48 per week. 
Government regulations regarding hours of employment were not always 
enforced, especially for foreign workers. Employees who worked extra 
hours without compensation could file a complaint with the MOM's 
Directorate of Labor Care.
    The law states that an employee may remove himself or herself from 
dangerous work without jeopardy to continued employment if the employer 
knew about the danger and did not implement corrective measures. 
Employees covered under the labor law may recover compensation for job-
related injury or illness through employer-provided medical insurance. 
Domestic workers are not covered under the labor law, but separate 
domestic employment regulations obligate the employer to provide 
domestic workers with local medical treatment free of charge throughout 
the contract period. Medical professionals reported that some employers 
did not provide low-skilled, migrant workers with medical insurance or 
provided them with coverage as low as five rials (approximately $13) 
per month with any excess costs deducted from their salaries. 
Inspectors from the Department of Health and Safety of the Labor Care 
Directorate generally enforced the health and safety standard codes and 
made regular onsite inspections as required by law.

                               __________

                                 QATAR

    Qatar is a constitutional monarchy headed by Emir Sheikh Hamad bin 
Khalifa Al-Thani. The population is approximately 1.7 million, of whom 
approximately 225,000 are citizens. The Emir exercises full executive 
power. The 2005 constitution provides for continued hereditary rule by 
the Emir's male branch of the Al-Thani family. Shari'a (Islamic law) is 
a main source of legislation. The Emir ultimately approves or rejects 
legislation after a process of consultation with the appointed 35-
member Advisory Council and cabinet, formalized by the constitution. 
There are no elections for national leadership and political parties 
are forbidden by law. In 2007 citizens elected the 29 members of the 
Central Municipal Council. Monitoring by the government-appointed 
National Human Rights Committee (NHRC) and informal observations by 
diplomatic missions noted no apparent irregularities. The civilian 
authorities generally maintained effective control of the security 
forces.
    Citizens lacked the right to change the leadership of their 
government by direct ballot. There were prolonged detentions in 
overcrowded and harsh facilities, often ending in deportation. The 
Government placed varying restrictions on civil liberties, including 
freedoms of speech, press (including the Internet), assembly, 
association, and religion. Foreign laborers faced restrictions on 
foreign travel. Trafficking in persons, primarily in the labor and 
domestic worker sectors, was a problem. Cultural discrimination against 
women limited their full participation in society. The unresolved legal 
status of ``Bidoons'' (Arabic for ``without'' meaning ``without 
citizenship"; stateless persons with residency ties) resulted in 
discrimination against these noncitizens. Worker rights were severely 
restricted, especially for foreign laborers and domestic servants.
                        respect for human 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 constitution and the law prohibit such practices, and 
there were no reports that government officials employed them. 
Documentation of abuses was very limited due partly to hesitancy of 
alleged victims to make public claims of torture or abuse.
    During the year the Government conducted training for law 
enforcement and military personnel focusing on the prohibition of 
torture. A 2006 UN Committee Against Torture report questioned the 
country's implementation of its obligations under the Convention 
against Torture and Other Cruel, Inhuman, and Degrading Treatment or 
Punishment, citing the lack of a comprehensive definition of torture in 
domestic law and the absence of training and education for law 
enforcement, medical personnel, and public officials about the 
prohibition. However, under the constitution, the terms of all 
international agreements ratified by the Government become domestic 
law, and the Government considers its definition of torture to be the 
one contained in the UN convention. During the year the Government 
conducted training for law enforcement and other personnel about the 
prohibition on torture. The Government did not submit a report by 
February 10 as required under the convention.
    There were no developments in the 2006 case of an Indian citizen 
who alleged that police intentionally burned him with cigarettes during 
interrogation. According to the NHRC, the Ministry of Interior (MOI) 
investigated and filed charges against a police officer, and the 
officer remained suspended at year's end pending trial.
    The courts ordered corporal punishment (flogging) prescribed by 
interpretation of Shari'a in cases of alcohol consumption. On April 18, 
a court sentenced an Egyptian citizen to 40 lashes after he confessed 
to driving while drunk. On appeal, this type of sentence was typically 
reduced to a fine. Authorities did not carry out corporal punishment 
during the year.

    Prison and Detention Center Conditions.--The NHRC conducted regular 
visits to prisons, jails, and detention centers. Authorities informed 
the NHRC of the citizenship of prisoners and allowed them to monitor 
the length of time each prisoner was detained. Several embassies 
reported, however, that notification of arrest was frequently delayed. 
The NHRC and other sources reported an improvement in the conditions at 
the Deportation Detention Center (DDC) during the year, including fewer 
detainees (approximately 800-1,000 at any given time), and reduced 
duration of detention (approximately two months). The Government 
permitted the International Committee of the Red Cross (ICRC) access to 
these prisoners in 2007. There were no requests for visits by 
independent human rights observers during the year. The Government 
granted regular access to the DDC and the central prison to staff from 
several foreign embassies. The Government did not approve requests by 
diplomatic representatives to visit the state security prison and 
police detention centers.
    In March authorities moved the Capital Police Detention Center 
(CPDC) to a facility which offered improved conditions with beds and 
separation according to sex. Citizen and noncitizen detainees were 
housed together. After conviction, political prisoners were held with 
the general prison population at the state security prison, where 
conditions were generally better than at the central prison. Some men 
and women awaiting civil or criminal trial as plaintiffs were held with 
persons awaiting deportation at the DDC. Some pretrial detainees were 
held with convicted prisoners at the central prison because of 
overcrowding at the CPDC. The Ministry of Social Affairs had authority 
over juvenile detainees, and held them separately under the supervision 
of a social worker.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention. However, individuals may be detained at 
the state security prison for indefinite periods under the 2002 
Protection of Society Law and Antiterrorism Law. The NHRC reported that 
authorities detained three persons during the year under the 2002 law. 
Their status is unknown. There were an unknown number of reported cases 
of individuals held for up to 30 days without charges in accordance 
with the Protection of Society and Combating Terrorism Law. Processing 
speed for deportations increased for most DDC detainees during the 
year.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the military and internal police 
forces. The police were under the authority of the MOI and were 
generally regarded as effective by the population. The Government had 
mechanisms to investigate abuse and corruption. During the year the 
Government instituted training programs to prevent corruption and 
torture by the police forces, which decreased reports of official 
impunity.

    Arrest and Detention.--The criminal law requires that persons be 
apprehended openly with warrants based on sufficient evidence and 
issued by a duly authorized official, be charged within 24 hours, and 
be brought before a court without undue delay. The Protection of 
Society and Combating Terrorism Law provides an exception which permits 
detention without charges for up to two years (in six month periods 
which can be extended) and allows detention for up to six months 
without charges for investigation purposes, extendable indefinitely by 
a special court order. Decisions taken under the Protection of Society 
and Combating Terrorism Law may not be appealed in the courts. This law 
empowers the minister of interior to detain a defendant for crimes 
related to national security, honor, or impudence upon the 
recommendation of the director general of public security. The prime 
minister adjudicates complaints against these detentions. This 
provision was generally not used in practice.
    In normal cases a judge may order a suspect released, remanded to 
custody to await trial, held in pretrial detention pending 
investigation, or released on bail. Although suspects are entitled to 
bail (except in cases of violent crimes), it is used infrequently in 
practice. Citizens are more likely to be granted bail than noncitizens. 
Noncitizens charged with minor crimes can be released to their citizen 
sponsor, although they are prohibited from leaving the country until 
the case is resolved.
    Judges may also extend pretrial detention for one month at a time 
to allow authorities to conduct investigations. The accused is entitled 
to legal representation throughout the process and prompt access to 
family members in nonsecurity cases. There are provisions for state-
funded legal counsel for indigents in criminal cases, and this 
requirement is generally honored in practice. Suspects detained under 
the Protection of Society and Combating Terrorism Law generally were 
afforded access to counsel, but access to family members was delayed 
although eventually granted. Once prisoners are found guilty of state 
security violations, they are held at the state security prison. In 
2007 authorities released 18 persons detained under the Protection of 
Society and Combating Terrorism Law. According to the NHRC, authorities 
detained these individuals for five months while a public prosecutor 
conducted an investigation, which did not result in charges. The 
Government deported some of the detainees, while some remained in the 
country.

    Amnesty.--A committee within the MOI reviews individual cases for 
possible leniency and makes recommendations to the Emir, who 
customarily grants amnesties on religious holy days and other special 
occasions. At the end of Ramadan the Emir granted amnesty to 85 
prisoners, and to another 20 on National Human Rights Day.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, in practice all judges were appointed 
by Emiri decree, based on the recommendation of the chief justice. 
Approximately 25 percent of the judges were foreign nationals dependent 
on residence permits granted by the civil authorities. Prosecutors were 
similarly appointed based upon the recommendation of the attorney 
general. All judges held their positions at the discretion of the Emir. 
The Supreme Judicial Council recommends candidates. There were no 
reports of political or governmental interference in the courts. 
Although the Emir has the ability to remove judges, he has never 
exercised this power.
    The law provides for a three-tiered court system: the courts of 
first instance, appeals, and cassation. The courts of first instance 
are the courts of justice (civil, criminal, and commercial). The court 
of appeals hears appeals of decisions from the courts of first 
instance. Separate Shari'a courts were eliminated in 2003, although 
Shari'a law still governs family cases heard by the civil courts. The 
Court of Cassation has four chambers, two for the appeals of civil 
cases, and two for the appeals of criminal cases. It hears cases from 
the appeals court that may have been contradictory to established law 
or where the law may have been mistakenly interpreted. The Court of 
Cassation is the court of final appeal, except on constitutional 
matters. A separate constitutional court rules on disputes related to 
the constitutionality of laws and rules and the jurisdiction of lower 
courts.
    An administrative court of at least one circuit exists within each 
of the three tiers (first instance, appeal, and cassation). Each 
circuit consists of three judges and is the sole party concerned with 
settling administrative disputes between government entities.
    There are no provisions in the law for the establishment of 
security tribunals. The established court system would handle such 
cases. The constitution provides for the establishment of military 
tribunals, but their use is restricted to periods of martial law, and 
only military crimes committed by the armed forces and the security 
forces may come before such tribunals.
    There are provisions for nonjudicial proceedings for administrative 
discipline of military and security personnel. No such proceedings were 
reported during the year.

    Trial Procedures.--The law provides for the right to a fair trial 
for all citizens, and the judiciary generally enforced this right. 
Although separate Shari'a courts have been eliminated, women were 
denied equal status in certain civil proceedings through the 
application of Shari'a.
    Both Muslim and non-Muslim litigants are tried under the unified 
court system, regardless of citizenship. All courts are united under 
the Supreme Judicial Council, which regulates the judiciary. Trials are 
by jury and open to the public, but the presiding judge can close the 
courtroom to the public if the case is deemed sensitive. In October the 
Court of Cassation limited the media's access to courts by requiring 
journalists to obtain a judge's permission to attend. All sentences 
were announced in public.
    Lawyers prepare litigants and speak for them during the hearing. 
Non-Arabic speakers are provided interpreters. Defendants are entitled 
to legal representation throughout the trial and pretrial process. In 
matters involving religious issues, Shia and Sunni judges may apply 
their interpretations for their respective group. There was an adequate 
number of both Shia and Sunni judges.
    The Government increased the number of judges and prosecutors 
during the year to address delays in the processing of criminal cases. 
Felony cases were completed within four to six months of detention, and 
misdemeanor cases within one to two months of citation. Defendants have 
the right to be present and the right of appeal. Their attorneys have 
access to government-held evidence relevant to their cases, once the 
case has been filed in the court. Defendants may consult with an 
attorney in a timely manner.
    Defendants have the right to confront and question witnesses 
against them and present witnesses and evidence on their behalf. The 
law provides defendants the presumption of innocence; in practice, 
however, those charged with a crime carry the burden of disproving the 
charge against them at trial.
    The fee for appealing to the Court of Cassation is high, and 
constitutes a restriction on the right to appeal. The appellant must 
deposit 20,000 riyals (approximately $5,500) for the appeal if the case 
was decided by the court of appeals and 5,000 riyals ($1,375) if the 
case was decided by the court of first instance. An appeal to the court 
of appeals costs 1,000 riyals ($364). Litigants must deposit 10,000 
riyals ($2,750) for an appeal to the Constitutional Court. Sums may be 
seized, in whole or in part, should the court decide to reject the 
appeal.

    Political Prisoners and Detainees.--Of the 37 individuals convicted 
in the 1996 planned counter-coup, 19 received death sentences and 18 
were sentenced to life in prison. Of the 37, 27 remained in prison at 
the end of the year. The Emir ordered nine of the individuals to be 
released in 2007 reportedly for health reasons, including a member of 
the ruling family sentenced to death. The Government permitted the ICRC 
access to these prisoners in 2007. In July authorities released a Saudi 
member of the group following efforts by the Saudi government to secure 
his release.
    In July 2007 the Government released a reform activist held in 
detention for four months for inciting women to protest publicly.

    Civil Judicial Procedures and Remedies.--The law and judiciary 
generally permit persons with civil grievances to seek redress in the 
court system, although the judiciary is not impartial and independent 
in practice, as judgments tend to favor citizens. The law specifies a 
number of circumstances in which a judge must be removed from a case 
for conflict of interest, and these were observed in practice. There 
are civil and criminal remedies available for those seeking damages 
for, or cessation of, human rights violations, but no cases were 
reported during the year. In 2006 a laborer brought a lawsuit against 
his sponsor for suppression of the right of freedom of movement. The 
resolution of the case remained unknown at year's end.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and the criminal procedures code 
prohibit such actions, and the Government generally respected these 
prohibitions in practice. Traditional attitudes of respect for the 
sanctity of the home and the privacy of women provided protection 
against arbitrary intrusion for both citizens and noncitizens. Judicial 
authorities must grant warrants before police may search a residence or 
business, except in cases involving national security or emergencies, 
of which there were none reported during the year. Police and security 
forces were believed to monitor telephone calls and e-mails, 
particularly when an individual was suspected of a crime.
    Citizens must obtain government permission to marry foreigners and 
may apply for residence permits or citizenship for their spouses. Such 
permission generally was granted. The nationality law allows for both 
males and females to apply for citizenship for their spouses.
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 accordance with the law, but the 
Government limited these rights in practice. Journalists and publishers 
continued to self-censor due to political and economic pressures when 
reporting on government policies, material deemed hostile to Islam, the 
ruling family, and relations with neighboring states. There were 
reports that security authorities threatened both individuals and 
organizations against publishing certain articles. According to a 
regional human rights organization, interference of media owners in the 
content of media material was prevalent. Journalists reported that they 
were forbidden by their editors from printing the names of specific 
companies involved in labor cases.
    The 1979 Press and Publications Law provides for criminal penalties 
and jail sentences for libel and slander, including injury to dignity, 
as well as for closure and confiscation of assets of the publication. 
All cases involving the media fall under the jurisdiction of the 
criminal courts.
    In December 2007 the Emir established the Doha Centre for Media 
Freedom to protect threatened journalists and promote the free flow of 
news and information around the world. In June the center provided 
refuge for an Afghan journalist whose life was threatened for her 
reporting. In November the center provided refuge for a Somali 
journalist who had received death threats for her reporting on Somali 
television.
    On May 22, a court sentenced Jordanian journalist Amal Eisa in 
absentia to three years in prison for defamation after she wrote a 
story about a case of medical malpractice at government-owned Hamad 
Hospital. The court also fined her editor 20,000 riyals (approximately 
$5,500).
    In October authorities arrested and detained Gulf Times reporter 
Peter Townson on charges of ``spreading racial hatred'' and bringing 
the country ``disrepute'' after he filed stories on family day policies 
that prevent Asian laborers from entering entertainment areas on 
certain days. The Doha Centre for Media Freedom intervened in the case, 
but it remained unresolved at year's end.
    According to a 2007 Freedom House report, a court sentenced a 
noncitizen journalist to one year in prison for slandering a citizen.
    Citizens publicly discussed sensitive political and religious 
issues. The much larger foreign population, however, did not express 
itself on sensitive topics. The Government did not prosecute anyone for 
expression of views. During the year the government-supported Qatar 
Foundation continued to fund the ``Doha Debates,'' a series of public 
debates broadcast by the British Broadcasting Corporation (BBC) 
featuring citizens and noncitizens speaking about internationally 
controversial topics. In January a debate about the policies of Arab 
countries in Darfur was held in which several participants criticized 
the policy of the Government. In November debate participants drew 
attention to the challenges facing migrant workers throughout the 
region.
    While the seven daily newspapers are not state-owned, owners are 
members of the ruling family or have close ties to government 
officials. The Government reviewed and censored foreign newspapers and 
magazines for objectionable sexual, religious, and political content.
    In 2007 several citizens whose writings appeared in regional and 
international media outside of the country reported that authorities 
deliberately banned their work in the local press. Authorities lifted 
these bans during the year.
    The censorship office in the Qatar Radio and Television Corporation 
(QRTC) and customs officials censored material. There were no specific 
reports of political censorship of foreign broadcast news media or 
foreign programs, although foreign movies were censored. A division of 
the QRTC, Qatar Media Services, buys books and screens them for 
suitability before allowing them to be sold in the country.
    State-owned television and radio reflected government views. 
However, callers to the state-owned radio station's popular morning 
show frequently discussed topics such as government inefficiency and 
the lack of responsiveness to citizens' needs.
    Doha-based Arabic language Al-Jazeera satellite television network 
focused coverage and commentary on international news topics. Al-
Jazeera and the Government claimed that the channel was independent and 
free of government influence, but the Government exercised editorial 
and programmatic control on the channel through its supply of funding 
to the network and its influence on the selection of the station's 
management. Al-Jazeera covered local news when there was an 
international component. Al-Jazeera English covered in-depth some 
government policies, particularly labor practices. In August 2007 the 
channel aired an investigative documentary entitled, ``Blood, Sweat, 
and Tears,'' which highlighted forced labor practices in the Gulf, with 
several references to Qatar. The documentary was also shown on the Al-
Jazeera Arabic channel and rebroadcast during the year.

    Internet Freedom.--The Government restricted the peaceful 
expression of views via the Internet and censored the Internet for 
political, religious, and pornographic content through a proxy server, 
which monitored and blocked Web sites, e-mail, and chat rooms through 
the state-owned Internet service provider. For example, the Government 
blocked access to the Arab Times, an Aral-American online newspaper, 
which at times published articles critical of the Government. 
Authorities also blocked other sites such as boingboing.net, a 
technology and fashion site. A user who believed that a site was 
censored mistakenly could submit the web address to have the site 
reviewed for suitability; however, there were no reports that Web sites 
were unblocked using this procedure. According to 2007 International 
Telecommunication Union data, there were an estimated 87,000 
subscribers and 351,000 users of the Internet.

    Academic Freedom and Cultural Events.--The constitution provides 
for freedom of opinion and scientific research. In practice, the 
Government generally permitted academic freedom, although instructors 
at Qatar University noted that they often exercised self-censorship. 
Instructors at the foreign-based universities operating in the country 
reported enjoying academic freedom. There were no reported government 
restrictions on cultural events, although some groups organizing 
cultural events reported that they exercised self-censorship.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for, but regulates, freedom of 
assembly; however, a number of restrictions and conditions must be met 
in order to acquire a permit. For example, the permission of the 
director general of public security must be obtained, and his decision 
is not subject to appeal. During the year the Government granted 
permission for a public demonstration in opposition to Israeli actions 
in the Gaza Strip. A group that organized an Indian cultural event 
reported that the Government promptly granted an event permit after the 
group disclosed the time, purpose, and number of participants.

    Freedom of Association.--The constitution provides for the right to 
form societies, defined by the Advisory Council as professional 
societies. A number of professional societies exist, but the conditions 
placed on forming such associations severely limited this right in 
practice. The law imposes strict conditions on the establishment, 
management, and function of professional societies. They are prohibited 
from engaging in political matters and must obtain approval from the 
Ministry of Labor and Social Affairs, which can deny their 
establishment if deemed a threat to the public interest. In the case of 
professional societies, they must pay 50,000 riyals (approximately 
$13,740) in licensing fees and 10,000 riyals ($2,750) in annual fees. 
There is a requirement for frequent reregistration. Registrations are 
valid for a three-year period, after which they must register again and 
again pay the same fees. The law allows noncitizens to participate in 
private societies only in cases where their participation is deemed 
necessary to the work of the society. However, the prime minister must 
approve their participation, and their number cannot exceed 20 percent 
of the total membership.
    Since 2004, 15 societies have been approved. An additional 29 were 
under consideration at year's end, including five new ones that applied 
for registration during the year. In 2007 the ministry approved one 
request for a nongovernmental human rights organization designed to 
support persons with disabilities. Applications first submitted in 2005 
(applications must be resubmitted yearly) to establish a journalists' 
association and a teachers' association were pending at year's end.
    Informal organizations, such as community support groups and 
activity clubs, operated without registration; however, they may not 
engage in activities that could be deemed ``political.'' The 
regulations prohibit international affiliation of associations.
    A 2006 law regarding the establishment of ``private establishments 
having public interest'' allows for relaxed requirements for the 
formation of independent local and international nongovernmental 
organizations (NGOs) in the country. Although untested, as written, the 
law allows the registration of independent NGOs without the 
administrative hurdles and monetary requirements of the previously 
enacted law governing the formation of professional societies.

    c. Freedom of Religion.--The constitution provides for freedom of 
worship and forbids discrimination based on religion in accordance with 
the law and the requirements of protecting the public order and 
morality; however, the Government continued to prohibit proselytizing 
by non-Muslims and placed some restrictions on public worship. Among 
non-Muslims, only Christians have requested and been allowed to rent 
space for public worship. In May the Ministry of Justice established a 
registration procedure for Christian marriages performed by registered 
churches in the country. Adherents of other faiths may privately 
practice their religion without harassment.
    The state religion is Islam. Both Sunni and Shia Muslims practiced 
Islam freely. Shia Muslims (approximately 10 percent of the citizen 
population) organized traditional Shia ceremonies and performed rites 
in their own mosques because they chose not to perform them publicly. 
The Government allowed Shia to build and decorate Shia mosques without 
restriction, and Shia were well represented in the Government and 
business communities.
    The Government and the ruling family are linked inextricably to 
Islamic institutions and practices. The Ministry of Islamic Affairs 
administers the construction of mosques, clerical affairs, and Islamic 
education for adults and new converts. The Ministry of Education 
administers Islamic education in the public schools. The Emir 
participated in public prayers during both Eid holiday periods and 
personally financed the Hajj journeys of poor pilgrims.
    From May 13 to 15, the sixth Conference for Religious Dialogue took 
place in Doha. Representatives from the three largest monotheistic 
religions--Christianity, Islam, and Judaism--were invited. Invitations 
were extended to the Roman Catholic Church, Anglican Church, Coptic 
Church, Middle East Churches Council, Orthodox Church, the Vatican, and 
Jewish rabbis, among others. Rabbis and religious scholars from several 
foreign countries delivered speeches and participated in panel 
discussions.
    There was no prohibition of or action to discourage specific 
religions or religious factions. The Government provided legal status 
to Catholic, Anglican, Eastern Orthodox, Coptic, and many Indian 
Christian churches. The Government allowed recognized congregations to 
open bank accounts and sponsor clergy for visas. Construction continued 
on five Christian churches on property leased from the Government. On 
March 15, at an event attended by the deputy prime minister, a Roman 
Catholic Church was consecrated and opened to the public. Hindus, 
Buddhists, Baha'is, and members of other religious groups do not 
operate as freely as Christian congregations.
    Religious services were held without prior authorization from the 
Government; however, congregations have been asked not to advertise 
them in advance or use visible religious symbols such as outdoor 
crosses.
    According to the criminal law, individuals proselytizing on behalf 
of an organization, society, or foundation, for any religion other than 
Islam, may be sentenced to a prison term of up to 10 years. 
Proselytizing on behalf of an individual for any religion other than 
Islam can result in a sentence of up to five years. Individuals who 
possess written or recorded materials or items that support or promote 
missionary activity can be imprisoned for up to two years.
    Converting to another religion from Islam is technically a capital 
offense; however, there has been no execution or other punishment for 
such an act.
    Disclosure of religious affiliation is required when applying for a 
passport or other identity documents; however, affiliation is not 
reflected in the issued documents.
    Islamic instruction was compulsory in public schools. While there 
were no restrictions on non-Muslims providing private religious 
instruction for children, most foreign children attended secular 
private schools. There were no religious private schools.
    The Government regulated the publication, importation, and 
distribution of non-Islamic religious literature. Individuals were 
allowed to import Bibles and other religious items for personal or 
congregational use. Government officials only monitored Islamic 
religious literature and copies of the Koran. Religious materials for 
use at Christmas and Easter were readily available in local shops. 
Bibles were not publicly available in local bookstores, either in 
Arabic or English.

    Societal Abuses and Discrimination.--There was no indigenous Jewish 
community; the few Jews in the country were foreigners with no 
restrictions on their traveling to or working in the country. On 
occasion in response to political events and developments in the 
region, some of the country's privately owned Arabic-language 
newspapers carried cartoons depicting offensive caricatures of Jews and 
Jewish symbols and editorial comparisons of Israeli leaders and Israel 
to Hitler and the Nazis. These occurred primarily in the daily 
newspapers, Al-Watan, Al-Sharq, Al-Arab, and Al-Raya, and drew no 
government response. The Government does not officially collect or 
publish statistical data on the religious affiliation of the 
population.
    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 these 
rights; the Government's practice, however, included notable 
exceptions. The Government severely restricted in-country movement and 
foreign travel for noncitizens. There were no reports that the Office 
of the UN High Commissioner for Refugees (UNHCR) asked the Government 
to assist refugees, asylum seekers, stateless persons, and other 
persons of concern.
    The only restrictions on in-country movement for citizens concerned 
sensitive military, oil, and industrial installations. However, 
authorities restricted in-country movement of noncitizens, and 
reportedly prevented groups of foreign workers from entering 
entertainment areas in Doha on weekends and during certain periods 
designated as ``family times.'' Arab and Western men were not barred 
from entering the entertainment areas at any time.
    The Protection of Society and Combating Terrorism Law allows the 
Government to prevent some citizens from foreign travel. Men may 
prevent adult female family members from leaving the country, but only 
by seeking and securing a court order. No cases of women over the age 
of 18 being prevented from traveling abroad were reported during the 
year.
    Official policy severely restricted foreign travel for expatriate 
workers. Citizen employment sponsors frequently confiscated and held 
the passports of their noncitizen workers, and they could not travel 
outside of the country without their sponsor's permission and an exit 
visa. The Government did not allow noncitizen custodial parents to take 
their children out of the country without the permission of the citizen 
parent.
    The constitution prohibits internal and external forced exile of 
citizens, and the Government respected this prohibition in practice.
    The constitution provides citizens who have left the country the 
right to return. Noncitizen women who were married to citizens were 
granted residence permits and could apply for citizenship; however, 
they were required to relinquish their foreign citizenship. There were 
no restrictions on emigration from the country.
    The Government occasionally revoked citizenship or passports for 
political reasons, thereby restricting freedom of movement. According 
to Amnesty USA, in 2007 the Government restored the citizenship of 
approximately 2,000 persons, many of whom were members of the Al-Murrah 
tribe. Some in this group alleged that authorities modified birth 
documents to show birth outside of the country, eliminating their 
eligibility to vote. In 2006 the Emir ordered the reinstatement of 
citizenship for as many as 6,000 persons from the Al-Murrah tribe whose 
citizenship the Government revoked in 2004 and 2005. By the end of 2007 
the Government restored citizenship to all but approximately 200 of 
those who had lost it.
    Amnesty USA also reported several cases of denationalization of 
individual citizens in 2007. Maher Ibrahim Mohamed Hanoon alleged that 
the Government arbitrarily stripped him and his family of their 
nationality in July 2007, leaving the family at risk of deportation.
    In July 2007 the MOI stripped Abeer al-Tamimi and her children of 
their citizenship and threatened her with deportation, according to 
Amnesty USA. Because her children were vacationing in Jordan at the 
time, authorities confiscated their passports at the Qatari Embassy in 
Amman, separating the family for a long period of time.

    Protection of Refugees.--The constitution prohibits the extradition 
of political refugees; however, the country is not a party to 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 or status to refugees. There were no reports that the 
Government closed its borders to asylum seekers. Individuals who were 
able to obtain local sponsorship or employment were allowed to enter 
and could remain as long as they were sponsored. They were not, 
however, granted asylum status. Entries were generally based on 
political or friendship ties.
    The Government generally provided protection against refoulement, 
the forcible return of a person to a country or territory where his 
life or freedom would be threatened on account of his race, religion, 
nationality, membership of a particular social group or political 
opinion.

    Stateless Persons.--The Government provides a legal means for long-
term residents to apply for and acquire citizenship; however, in 
practice restrictions and uneven application of the law prevent 
stateless persons from acquiring citizenship. The Nationality Law 
allows noncitizen residents to apply for citizenship after residing in 
the country 25 consecutive years, but only 50 may be granted per year, 
and only a small number have been granted under this provision.
    Citizenship is derived solely from the father. Women are not 
permitted to transmit citizenship to their children, even if the child 
is born in wedlock in the country. Women must obtain permission from 
the authorities before marrying a foreign national, but they do not 
lose nationality upon marriage. According to the UNHCR, there were 
approximately 1,500 stateless Bidoons in the country. There were 
reports of summary deportation orders issued against long-term 
residents and Bidoons, although all family and economic ties remained 
in the country. The Permanent Committee for Naturalization Affairs 
commissioned a study during the year to determine the extent of these 
practices.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution does not provide citizens the right to change 
their government by direct ballot. However, it provides several methods 
by which the Advisory Council may exercise significant influence over 
ministries, such as by votes of no confidence. The constitution 
provides for hereditary rule by the Emir's branch of the Al-Thani 
family. The constitutional provision for the initiation of legislation 
by the Advisory Council has not been implemented. The influence of 
family and tribal traditions was strong, and the Government did not 
permit political parties or opposition groups to organize.

    Elections and Political Participation.--The Emir exercises full 
executive powers, including appointment of cabinet members. In April 
2007 citizens elected the 29 members of the third Central Municipal 
Council to 4-year terms. The council advises the minister of municipal 
affairs and agriculture on local issues such as street repair, green 
space, trash collection, and public works projects for the entire 
country. Informal observation by diplomatic missions noted no apparent 
irregularities in these elections. Nearly 50 percent of the less than 
50,000 eligible voters participated.
    Approximately 75 percent of citizens could not vote in the 2007 
municipal elections, as this right was limited to families that were in 
the country prior to 1930. All citizens over 21 were permitted to run 
for seats on the council, regardless of gender. The law also limits 
political participation for persons whose citizenship was withdrawn but 
subsequently restored. These persons are denied the right to candidacy 
or nomination in any legislative body for a period of 10 years from the 
date of restoration of their citizenship.
    The law forbids formation of and membership in political parties. 
In July the Emir postponed elections for the expanded 45-member 
Advisory Council and extended the term of the current council for two 
years.
    Influence of traditional attitudes and roles continued to limit 
women's participation in politics; however, some women served in public 
office as: minister of health, minister of education; President of the 
Permanent Election Committee; head of the General Authority for Health, 
vice President of the Supreme Council for Family Affairs (SCFA) with 
ministerial rank, head of the General Authority for Museums, and 
President of Qatar University. Also, one woman served on the Central 
Municipal Council.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; no cases of corruption involving 
public officials were reported during the year. Public officials were 
not subject to financial disclosure laws.
    In December 2007 the Emir established the National Committee for 
Accountability and Transparency. The committee is charged with 
implementing articles of the UN Convention for Combating Corruption, 
developing a national strategy to support transparency, implementing an 
awareness campaign, investigating complaints from the public, managing 
the state's properties, suggesting related legislation, and training 
staff. In November the audit bureau reported that it had referred 26 
cases involving private sector corruption in the administration of 
government contracts to the public prosecutor during the year. These 
prosecutions resulted in five convictions, with judgments in favor of 
the Government totaling more than 23 million riyals (approximately $6.5 
million).
    The Government publishes its laws in the official gazette and some 
information was available on the Internet. Although there is a 
mechanism for individuals and private institutions to request this 
information, budget, government expenditure, and draft law information 
was generally not available.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    No international or independent domestic NGO or international 
organizations focusing on human rights or humanitarian issues were 
resident in the country. During the year representatives from the 
Solidarity Center, the National Democratic Institute, and the American 
Bar Association visited the country to meet with authorities and local 
contacts.
    In May 2007 the Secretary General of Amnesty International (AI) 
participated in a BBC ``Doha Debate'' on the prevalence of torture and 
whether it should be permitted under medical and judicial supervision 
for the purpose of saving lives. During the visit, the Secretary 
General publicly noted that the issue of statelessness related to the 
Al-Murrah tribe is a key human rights problem. She credited the country 
with the establishment of the NHRC but noted that it must be strong and 
independent to be effective.
    By law, domestic associations or NGOs may not engage in political 
activity or be critical of the Government. One foreign NGO successfully 
registered in 2007, and another began the process during the year.
    The NHRC is an organization funded by the Government. An Emiri 
decree established the NHRC in 2002 to investigate and improve local 
human rights conditions. Its 12 members were all appointed by the 
Government, five from government ministries and seven from civil 
society. Since 2006 votes by government members do not count, but they 
continue to participate in NHRC deliberations. The committee issued its 
most recent report in 2006, and it was published in all local 
newspapers and on the NHRC Web site. The NHRC did not issue a report 
during the year. In September the Secretary General of the NHRC said 
that the committee issues a quarterly report to the cabinet, to which 
the Government does not generally respond cooperatively. He stated that 
the NHRC handled 1,500 petitions during the preceding 12 months, one-
third of which were submitted by citizens and the rest by expatriate 
workers.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on nationality, 
race, language, religion, and disability. However, in practice 
government actions were heavily influenced by local custom, and legal, 
cultural, and institutional discrimination existed based on gender. 
There were no reports of discrimination based on religious affiliation. 
Noncitizens were afforded fewer rights under the law. There were no 
reports of discrimination based on sexual orientation.

    Women.--According to the Qatari Foundation for the Protection of 
Women and Children (QFPWC), a quasigovernmental organization, domestic 
violence against women was a problem. A total of 122 cases of domestic 
abuse against women were reported to the foundation during the year. 
According to the organization, the increase was due to greater 
awareness among the community, the requirement that all health care 
facilities report suspected abuse cases, and the use of the established 
hotline system. There were no arrests or convictions for family 
domestic violence among citizens publicized in the press, although 
cases involving noncitizens appeared. The law criminalizes domestic 
violence and rape but does not address spousal rape. There were cases 
of rape publicized between foreigners, but none were reported involving 
citizens. The penalty for rape is 10 years' imprisonment, or 14 years 
if the victim is below the age of 16. If the perpetrator is the 
teacher, guardian, or caregiver of the victim, the penalty is life 
imprisonment. The Government's ability to enforce the law against rape 
was hampered due to underreporting by victims who feared the social 
stigma of being identified as a rape victim.
    A Qatar University study found that 63 percent (out of 2,778 
surveyed) of citizen and noncitizen female students at the university 
reported they had been victims of physical abuse, with 52 reporting 
cases of ``strong violence,'' such as rape, and 120 reporting sexual 
harassment. Approximately 50 women reported they considered suicide 
because they were afraid of the repercussions they would face should 
they notify authorities.
    In September 2007 the SCFA established a shelter under the 
supervision of the QFPWC to accommodate abused women and children. 
Since its opening, the shelter has accommodated 61 women and 73 
children. The shelter provided a variety of services, including 
financial assistance, legal aid, and psychological counseling.
    The legal system allows leniency for a man found guilty of 
committing a ``crime of honor,'' or a violent assault against a woman 
for perceived immodesty or deviant behavior. Although not deemed an 
honor killing by the court, in January 2007 the court of appeals 
commuted the three-year imprisonment sentence of a Jordanian teenager 
to one suspended year for killing his sister as the court stated that 
there was no overwhelming evidence to prove that it was a case of 
premeditated murder. The lower court observed that it could not be 
termed a case of honor killing as the postmortem report proved the 
victim was a virgin.
    Sponsors sexually harassed and mistreated foreign domestic servants 
in some cases. Most domestic servants did not press charges for fear of 
losing their jobs. Sexual harassment is illegal and carries penalties 
of imprisonment and/or fines. The Sri Lankan Embassy reported 700 cases 
of sexual harassment against housemaids during the year, the majority 
of them by citizen employers. When brought to the attention of the 
authorities, the housemaids were often deported and no charges filed 
against the employer. The Indonesian Embassy reported five cases of 
alleged rape against housemaids during the year and an increase in the 
number of complaints alleging physical abuse and sexual harassment.
    Prostitution is illegal and was considered a problem by the 
Government. Government officials reported an increasing number of cases 
involving prostitution, but provided no information about the scale of 
the problem.
    The constitution asserts the principle of equality between citizens 
in rights and responsibilities, and the Civil Service Law, the Housing 
Law, and others consolidate this principle of equality. Traditions and 
interpretation of Shari'a, however, placed some women at a disadvantage 
in inheritance cases. The Government adhered to an interpretation of 
Shari'a that recognizes Muslims have the automatic right to inherit 
from their Muslim spouses. Non-Muslim spouses (invariably wives, since 
Muslim women cannot legally marry non-Muslims) do not inherit unless 
their spouse formally wills them a portion (up to one-third of the 
total) of their estates. Similarly a Muslim husband does not 
automatically inherit the property of a non-Muslim wife. Muslim wives 
have the right to inherit from their husbands. The proportion that 
women inherit depends upon their relationship to the deceased; however, 
in the cases of siblings, sisters inherit only one-half as much as 
their brothers.
    In cases of divorce, young children usually remain with the mother, 
regardless of her religion, unless she is found to be unfit. Male 
children remain in the custody of the mother until 13 and females until 
15. In certain conditions the court may extend the age of maternal 
custody to 15 years for males and to the time of marriage for females. 
As an exception, the mother retains custody of children with 
disabilities with no age limit stipulated.
    The law allows a female citizen married to a noncitizen man 
residing in the country for the previous five years to benefit from the 
Government housing system. Widows and divorced women may also benefit 
if they have children and have not inherited a house from a deceased 
husband. Unmarried males or females can benefit if they support 
parents, brothers, and sisters or are above 35 years old. The law is 
generally applied fairly in practice.
    Women may attend court proceedings and may represent themselves, 
but they were generally represented by a male relative. In cases 
involving financial transactions, the testimony of two women equals 
that of one man, but the courts routinely interpreted this requirement 
on a cas.--b.--case basis. A non-Muslim woman is not required to 
convert to Islam upon marriage to a Muslim, but many make a personal 
decision to do so. Children born to a Muslim father are considered to 
be Muslim.
    According to the Qatar Chamber of Commerce and Industry, women 
constituted approximately 13 percent of business owners in the country, 
and served in the workforce as university professors, public school 
teachers, and police. Women served as professionals in government 
service, education, health, and private business. Women received equal 
pay for equal work, but often did not receive equal allowances, which 
generally covered transportation and housing costs.
    The SCFA seeks to improve the status of women and the family under 
both civil and Islamic law. The council contributed to a number of 
national and international conferences, studies, and reports on the 
status of women in the country. The council played an integral role in 
the drafting of legislation affecting women and children. In December 
the SCFA held its second conference on combating violence against 
women, a subject once considered taboo in the country. The discussion 
focused on the first-ever study of ``Violence against Women in Qatari 
Society.''

    Children.--The Government is committed to the welfare of citizen 
children. The Government provided for a well-funded, free public 
education system (elementary through university) and a complete medical 
protection program. Education was compulsory for citizen children 
through the age of 15 and was free through primary school (the 
equivalent of ninth grade) for noncitizen children whose parents worked 
in the Government sector. There was generally no difference in 
attendance of girls and boys at the primary and secondary levels. Girls 
constituted the majority of the students at post-secondary 
institutions.
    Medical care was available to noncitizen children for a nominal 
fee. Officials routinely granted fee waivers to those parents who could 
not pay for their child's care. Health care services were provided 
equally for noncitizen girls and boys.
    There was no societal pattern of child labor or abuse. There were 
some cases of children who had suffered from various forms of family 
violence and physical and sexual abuse. The QFPWC reported that 73 
cases involving abuse of children were reported to the organization 
during the year. In September five women were convicted and sentenced 
to imprisonment for conspiring to purchase a child in another country 
to bring to Qatar.
    The government-funded Qatar Orphan Foundation provided shelter, 
medical care and education to orphans from birth to 18 years of age. 
The children are housed in a modern facility, segregated by age and 
sex, with adult supervision and medical care provided. The foundation 
seeks to place the orphans with citizen families, though there is no 
provision for adoption under Islamic law.
    The QFPWC maintained a children's hotline called the ``Friendly 
Line'' for use by children and conducted awareness campaigns on the 
rights of the child. The system allowed both citizen and noncitizen 
children to call with questions and concerns ranging from school, 
health, and psychological problems to concerns about sexual harassment. 
This hotline was operated in conjunction with the family abuse hotline; 
statistics on use were not available. During the year, the SCFA hosted 
a conference focused on raising public awareness of children's issues.

    Trafficking in Persons.--There is no specific antitrafficking law. 
Provisions of the Sponsorship Law create conditions that could lead to 
forced labor activities and slave-like conditions. Although the law 
criminalizes many related practices, including slavery, forced labor 
and forced prostitution prosecutions did not occur.
    In 2007 the UN Special Rapporteur (UNSR) on Trafficking in Persons 
noted that the country is a destination and, in some instances, transit 
point for trafficking of migrant workers, mainly for forced labor as 
low-skilled workers or domestic servants, including on camel farms and 
for sexual exploitation. The UNSR criticized the sponsorship system as 
an unjust arrangement that increases the vulnerability of foreign 
migrant workers by rendering them dependent on their sponsors, thus 
fostering demand for trafficking. The UNSR also raised concern that the 
labor law excludes foreign domestic workers from protection and in 
practice places them in a situation whereby their working conditions 
are regulated as private matters. Contracts between domestic employees 
and their employers were recognized and enforced by the courts.
    Men and women from Africa, South Asia, and the Middle East travel 
willingly to the country as laborers and domestic servants but often 
subsequently face conditions of forced labor and physical and sexual 
exploitation.
    Some women and girls who traveled to the country voluntarily to 
work were forced into prostitution by their economic circumstances. 
Most often, victims were not prosecuted for prostitution; the 
Government issued a deportation order and sent the women to the DDC. 
Women and girls also traveled to the country to work as domestic 
servants, where they were vulnerable to domestic servitude and physical 
and sexual exploitation and unprotected by labor legislation. The 
Indian Embassy reported that 236 maids had been forced into these 
conditions in 2007.
    Legislation guiding the sponsorship of foreign laborers created 
conditions constituting forced labor or slavery. Under the law foreign 
laborers were not allowed to leave the country without a signed exit 
permit or change employment without a written release from their 
sponsor. The dependence of foreign laborers on their employer for 
residency rights and the inability to change employment or to travel 
without the sponsor's permission left them vulnerable to abuse, arrest, 
and deportation. Some sponsors intimidated and coerced foreign 
employees to work for longer periods, reduced or withheld pay, and 
commonly withheld passports and failed to obtain or renew residence 
permits.
    Authorities arrested workers without valid residence permits and 
detained them at the DDC. There were between 800 and 1,000 detainees 
awaiting deportation at the DDC at all times. During the year the 
Ministry of State for Interior Affairs created a committee to reduce 
the delays in deportation. The facility currently holds both detainees 
waiting to be deported for criminal offenses and those awaiting 
repatriation at the termination of their employment contracts. The 
committee is planning a new facility that will house them separately.
    Principal traffickers included individual employers, contractors, 
and employment recruitment agencies. Most victims travel legally into 
the country by means of recruiting agencies in their home countries, 
but then subsequently face conditions of forced labor and trafficking 
after they reach the country. Some workers are recruited for jobs in 
the country but then abandoned by their recruiters upon arrival in the 
country or by employers after the work is completed, making them even 
more vulnerable to trafficking.
    Violators of the law banning child camel jockeys may receive six 
months' imprisonment or a fine of 3,000 riyals (approximately $825). In 
cases involving the employment of minors, the punishment is three 
years' imprisonment or a fine of approximately 10,000 riyals ($2,748). 
There were no reported cases, and there have been no prosecutions under 
this law.
    Traffickers can be prosecuted under slavery or forced labor 
articles of the Criminal Law of 2004, which bans forced or coerced 
labor with penalties of up to seven years and a fine of no more than 
10,000 riyals ($2,748). The criminal law also addresses crimes that 
violate human liberty and sanctity (kidnapping) with penalties of 
imprisonment up to 10 years.
    The law specifically criminalizes the handling of money related to 
trafficking of women and children.
    No antitrafficking or related cases against employers or labor 
recruitment agencies were prosecuted during the year, and there was no 
indication that the Government assisted with international 
investigations or extradited citizens who were accused of trafficking 
in other countries.
    While there is no evidence of institutional involvement by 
government bodies or officials, some may own or operate companies that 
subject their employees to forced labor conditions.
    The country's antitrafficking prevention efforts continued during 
the year. A government committee conducted visits to camel racing 
tracks, the police services continued to incorporate antitrafficking 
training into the basic training curriculum for police officers, and a 
media campaign highlighted sponsors' responsibilities and resources 
available to victims. In March the National Office to Combat 
Trafficking in Persons (NOCTP) co-sponsored an international conference 
that highlighted the migrant worker problem in the country and the 
broader Gulf Cooperation Council countries. During the year the NOCTP 
increased technical expertise in areas such as on-time payment of 
wages, forced labor, and involuntary servitude.
    In November the Qatar Foundation sponsored a Doha Debate on the 
plight of migrant workers in the Gulf.
    In 2005 the Government established a human rights department in the 
MOI to receive and process victims of human rights abuses and 
trafficking in persons. In March the director of this department stated 
publicly that human trafficking does not constitute a problem in the 
country.
    In 2005 the Government opened a shelter for trafficking victims to 
serve the needs of abused domestic workers, other laborers and 
children. The shelter was managed by the National Trafficking in 
Persons Coordinator, and referral by police or other government 
agencies for access was no longer required. According to government 
policy, any person facing criminal or immigration violations, i.e. 
absconding, cannot be considered a victim by the shelter and will not 
receive assistance. This policy continued to severely limit the 
effectiveness of the shelter 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 requires the allocation of 
resources for persons with disabilities and prohibits discrimination 
against such persons. The Government acts on complaints from 
individuals and from the NHRC and enforces compliance. The law requires 
that 2 percent of all jobs in government agencies and public 
institutions be set aside for persons with disabilities. Private sector 
businesses employing a minimum of 25 persons were required to hire 
persons with disabilities. Employers who violated these employment 
provisions were subject to fines. There were no reported cases during 
the year.
    The special rapporteur of the UN Commission for Social Development 
on Disability, a citizen, noted in October 2007 that government schools 
in the country provided 21 percent of the required services for their 
students with disabilities, while the private and independent schools 
in general provided 68 percent of the required services. The UNSR also 
noted that there were only three public places in the country with the 
required standards of accessibility for persons with disabilities, and 
new buildings were not considering these standards. On July 12, the 
Government ratified the UN Convention on the Rights of Persons with 
Disabilities. The SCFA was charged with ensuring compliance with the 
rights and provisions mandated under the law; however, compliance was 
not effectively enforced.

    National/Racial/Ethnic Minorities.--The Government distinguished 
between citizens and noncitizens in the areas of employment, education, 
housing, and health services, but only to the extent that noncitizens 
were required to pay for health care, electricity, water, and education 
(services that were provided without charge to citizens). Noncitizens 
were eligible for medical coverage at a nominal fee. Noncitizens 
generally could not own property; however, the law provides for 
property ownership in three designated areas. The largest noncitizen 
groups were Indian, Nepalese, Sri Lankan, expatriate Arabs, Filipino, 
Bangladeshi, Iranian, Pakistani, and Indonesian. In the private sector, 
Iranians occupied some of the highest positions.

    Other Societal Abuses and Discrimination.--The law prohibits same-
sex relations between both males and females. Penalties for adults 
range from a maximum of seven to 15 years imprisonment. There were an 
unknown number of cases before the court during the year. The verdict 
in the 2006 case involving a male citizen and an Asian expatriate male 
remained unknown at year's end.
    There was discrimination against HIV patients. HIV-positive 
foreigners, whose condition was typically diagnosed during their 
medical examinations upon arriving in the country, were deported. HIV-
positive citizens were quarantined and received treatment.
Section 6. Worker Rights
    a. The Right of Association.--The labor law and regulations provide 
for the right of worker organizations for citizens over 18 years of age 
in private enterprises with more than 100 citizen workers. In practice 
the law makes union formation difficult. Noncitizens were not eligible 
to form worker committees, and foreign workers could only be members of 
joint labor-management committees. Those working in the Government 
sector were prohibited from joining a union. The law and regulations 
permit only the single General Union for the Workers of Qatar (composed 
of various General Committees for the Workers in a trade or industry, 
which are in turn made up of worker committees at individual firms) and 
forbid affiliation with groups outside the country. There were no 
worker committees, joint labor-management committees, general 
committees, or a national trade union, and there were no reported 
attempts to form them during the year.
    The law grants workers the right to strike, but the restrictive 
conditions imposed by the statute made the likelihood of a legal strike 
extremely remote. Nevertheless, foreign workers staged at least 10 
strikes during the year to seek redress and improvement in their work 
situation from employers. Foreign embassies reported several cases in 
which they intervened to prevent or settle strikes by their nationals 
working in the country. They reported that the Government responded to 
labor unrest by dispatching large numbers of police to the work sites 
or labor camps involved, and that the strikes generally ended 
peacefully after these shows of force. In most cases, the Government 
summarily deported strike organizers. Government employees, domestic 
servants, and those in the public utility, health, and security 
services were prohibited from striking. These workers may legally seek 
permission to hold a public gathering; however, none are known to have 
occurred.

    b. The Right to Organize and Bargain Collectively.--Under the labor 
law, workers in private enterprises with more than 100 citizen workers 
were granted the right to bargain collectively and to sign joint 
agreements, i.e. agreements reached between employer and worker 
regarding a work-related issue. The Government circumscribed the right 
through control over the rules and procedures of the bargaining and 
agreement processes. Collective bargaining was not freely practiced, 
and there were no workers under collective bargaining contracts.
    Private employers and workers set wages without government 
involvement. Local courts handled disputes between workers and 
employers; however, foreign workers avoided drawing attention to 
problems with their employers for fear of retaliation and deportation. 
According to resident embassies of foreign workers and some individual 
migrant workers, the labor department was widely perceived to be 
objective within its narrow mandate when dealing with the nonpayment of 
wages. The labor department claimed that it resolved 80 percent of 
worker complaints amicably with a very small percentage referred to the 
labor courts for judgment. During the year the labor inspection 
department increased its staff to 67, and trained inspectors who were 
provided with the power of law enforcement. During the year they 
conducted more than 17,000 inspections.
    There were 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, and the Government did not 
enforce the law. Foreign workers in many cases were employed under 
circumstances that constituted forced labor. According to government 
figures, more than 85 percent of the workforce was comprised of foreign 
workers who, entirely dependent on their employer for residency rights, 
were vulnerable to abuse. For example, employers must give consent 
before exit permits are issued to any foreign employee seeking to leave 
the country. Some employers temporarily withheld this consent to force 
foreign employees to work for longer periods than they wished. 
Unskilled workers and domestic servants were particularly vulnerable to 
nonpayment or late payment of wages.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits forced and compulsory labor by children, and the 
Government generally enforced this prohibition. The labor law 
stipulates the minimum age for employment as 16 years. The labor law 
provides that minors between the ages of 16 and 18 can be employed with 
parent or guardian permission, and some children worked in small, 
family-owned businesses such as small markets or as office clerks. 
Minors may not work more than six hours a day or more than 36 hours a 
week. Employers must provide the labor department with the names and 
occupations of their minor employees and obtain permission from the 
Ministry of Education to hire a minor. The labor department may 
prohibit the employment of minors in jobs that are judged dangerous to 
the health, safety, or morals of minors.
    Violators of the law banning child camel jockeys may receive six 
months' imprisonment or a fine of approximately 3,000 riyals 
(approximately $825). In cases involving the employment of minors, the 
punishment is three years' imprisonment or a fine of approximately 
10,000 riyals ($2,748). The Government effectively enforced this law 
during the year.

    e. Acceptable Conditions of Work.--Although the labor law provides 
the Emir with authority to set a minimum wage, he did not do so. The 
average wage of noncitizen workers did not provide a decent standard of 
living for a worker and family. The law prescribes a 48-hour workweek 
with a 24-hour rest period, although most government offices followed a 
36-hour workweek. Employees who worked more than 48 hours per week or 
36 hours per week during the holy month of Ramadan were entitled to 
overtime pay. Government offices and major private sector companies 
adhered to this law; however, it was often not observed with respect to 
unskilled laborers and domestic and personal employees, the majority of 
who were foreigners. Many such workers frequently worked seven days per 
week and more than 12 hours per day with few or no holidays, no 
overtime pay, and no effective means to redress grievances.
    The rights of noncitizen workers continued to be severely 
restricted. Some employers mistreated foreign domestic servants, 
predominantly those from South Asia, Indonesia, and the Philippines. 
Such mistreatment generally involved the nonpayment or late payment of 
wages and in some cases involved rape and physical abuse. Some foreign 
embassies provided temporary shelter for 48 hours to their nationals 
who left their employers as a result of abuse or disputes before 
transferring the case to local government officials. According to their 
embassies, the majority of cases were resolved within 48 hours. Those 
not resolved within 48 hours were transferred to the Criminal Evidence 
and Investigation Department of the MOI for a maximum of seven days. 
Cases not resolved within seven days were transferred to the labor 
court, a special section of the first instance civil court.
    The Nepalese Embassy reported that it received approximately 1,500 
complaints during the year, the majority of which were related to 
nonpayment of salaries, failure to pay overtime, and refusal to obtain 
residence permits. No cases of sexual abuse or harassment were reported 
by the Nepalese Embassy during the year. The Sri Lankan Embassy 
received between 50 and 60 complaints per day. Complaints included 
sexual harassment, delayed and nonpayment of salaries, forced labor, 
contract switching, holding of passports, poor accommodation, 
nonrepatriation, termination and deportation without cause, physical 
torture or torment, overwork, imprisonment, and mistreatment. Abused 
domestic servants usually did not press charges for fear of losing 
their jobs. According to the Nepalese Embassy, 85 of its reported 
280,000 nationals died. Heart attacks claimed 65, work-related 
accidents 17, and suicides three. Local support groups believed that 
authorities reported the cause of death as heart attacks to hide 
workplace deaths. The Indonesian Embassy reported an increase in the 
number of complaints for rape and physical abuse during the year, 
including five allegations of rape.
    The Government has enacted regulations regarding worker safety and 
health, but enforcement, which is the responsibility of the Ministry of 
Energy and Industry, the Ministry of Health, and the Labor Department, 
while improving, was uneven due to insufficient training and lack of 
personnel. Diplomatic representatives visited labor camps and found the 
majority of unskilled foreign laborers living in cramped, dirty, and 
hazardous conditions, often without running water, electricity, or 
adequate food. The labor inspection department conducted a limited 
number of random inspections of labor camps and when found to be below 
minimum standards, the operators received a warning, after which 
compliance was enforced. Statistics on the number of inspections were 
not available, but most foreign labor attaches reported that most labor 
camps in the country remained far below minimum standards. The 
Indonesian Embassy reported good conditions at the three camps which 
house its nationals, and that Embassy staff were permitted to visit on 
a regular basis.
    The Department of Public Safety oversaw safety training and 
conditions, and the state-run petroleum company had its own safety 
standards and procedures. The regulations listed partial and permanent 
disabilities for which compensation may be awarded, some connected with 
handling chemicals and petroleum products or construction injuries. The 
law does not specifically set rates of payment and compensation. The 
Government provided free medical treatment to workers who suffered 
worK-related sickness or injuries.
    Foreign workers may enter the country on a visitor's visa, but a 
sponsor is needed to convert a visitor's visa to a work visa, and the 
worker must have a sponsor's permission to depart the country. In 
September the Ministry of Labor announced that it had punished or 
warned 850 firms for violating the country's labor laws, although this 
information could not be independently confirmed since journalists are 
not permitted to print the names of firms alleged to have violated 
labor laws. The ministry stated that raids against the firms had 
uncovered violations of safety and health standards, nonpayment of 
wages, and evidence of illegal employment. Those firms were prohibited 
from importing labor until they entered into compliance with the law.
    The law does not provide workers the specific right to remove 
themselves from hazardous work conditions, and workers often hesitated 
to do so for fear of dismissal. The law provides any worker with the 
right to seek legal relief from onerous work conditions; however, 
pursuing such relief risked deportation, and there were no reports of 
workers seeking such relief during the year.

                               __________

                              SAUDI ARABIA

    The Kingdom of Saudi Arabia is a monarchy ruled by the Al-Saud 
family. The population is 28.2 million, including 5.8 million 
foreigners. Since 2005, King Abdullah bin Abd Al Aziz Al-Saud has ruled 
under the title Custodian of the Two Holy Mosques, a reference to his 
responsibility for Islam's two holiest sites in Mecca and Medina. The 
Government bases its legitimacy on its interpretation of Shari'a 
(Islamic law) and the 1992 Basic Law. The Basic Law sets out the system 
of governance, rights of citizens, and powers and duties of the 
Government. The law also provides that the Koran and the Traditions 
(Sunna) of the Prophet Muhammad serve as the country's constitution. In 
2005 the country held male only elections on a nonparty basis for half 
the members of municipal councils, the first elections for any 
government position since 1963. The civilian authorities generally 
maintained effective control of the security forces.
    During the year the following significant human rights problems 
were reported: no right to change the Government peacefully; beatings; 
judicially sanctioned corporal punishment; impunity, particularly on 
the part of the religious police; denial of public trials and lack of 
due process in the judicial system; political prisoners; incommunicado 
detention; restrictions on civil liberties such as freedoms of speech 
(including the Internet), assembly, association, movement, and severe 
restrictions on religious freedom; corruption; and lack of government 
transparency. Violence against women and discrimination on the basis of 
gender, religion, sect, and ethnicity were common. The sponsorship 
system limited the rights of foreign workers and remained a severe 
problem.
    Improvements during the year included: increased publicly available 
information concerning specific instances of official corruption or of 
government action against corruption; no reports that authorities 
confiscated personal religious materials from individuals at ports of 
entry; and a process developed by the Government for prenuptial 
agreements when the wife is a noncitizen, permitting her to travel 
without her husband's permission.
                        respect for human 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 contrast to the previous year, there were no 
reports of custodial deaths involving the Government's Committee for 
the Promotion of Virtue and Prevention of Vice (CPVPV), also known as 
the religious police, or Mutawwa'in. However, the CPVPV was involved in 
two high-profile car chases that ended in the deaths of the pursued 
parties.
    On March 16, two persons--a male and a female who were not married 
to one another--died after a car chase involving the CPVPV in Medina. 
On March 31, two men and two women died after another car chase 
involving the CPVPV. In both cases the victims fled due to concerns 
over CPVPV treatment if they were found violating the country's 
interpretation of Shari'a, which prohibits unmarried, nonfamily persons 
of the opposite gender from associating. In July authorities jailed, 
investigated, cleared, and released the CPVPV members involved in each 
of the incidents. The families of the deceased appealed the release of 
the CPVPV members. Also in July the President general of the CPVPV, 
Ibrahim al-Ghaith, announced that CPVPV members were prohibited from 
following fleeing suspects.
    On June 6, human rights lawyer Abdel Rahman al-Lahem filed an 
appeal to contest a Riyadh court's acquittal of two members of the 
religious police in the beating death of Suleiman al-Huraisi, detained 
for possession and sale of alcohol in May 2007. There were no updates 
on the status of the appeal at year's end.
    In July 2007 the Tabuk General Investigation and Prosecution 
Authority cleared members of the religious police of any wrongdoing in 
the June 2007 case of Ahmad al-Bulawi, who died in CPVPV custody after 
officers arrested him on suspicion of being in ``illegal seclusion'' 
with an unrelated woman. An autopsy revealed he had been beaten on the 
face.
    There were no developments in the August 2007 case of a Bangladeshi 
man who died in Medina in the custody of the religious police.
    During the year the press reported that the Government announced 
executions (by beheading) of 102 individuals who were convicted of 
murder, narcotics related offenses, armed robbery, and rape. Court 
proceedings in capital cases were closed, making it impossible to 
determine whether the accused were allowed to present a defense or were 
denied basic due process. Contrary to the previous year, there were no 
executions for sorcery, although death sentences for two women accused 
of witchcraft remained in effect. The Government executed 153 persons 
in 2007 and 37 in 2006.

    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 Basic Law prohibits torture, and Shari'a prohibits 
judges from accepting confessions obtained under duress. Nevertheless, 
during the year the non-governmental organization (NGO) Amnesty 
International (AI) continued to report that authorities systematically 
subjected prisoners and detainees to torture and other physical abuse. 
Government contacts claimed privately that measures were taken to 
ensure that torture did not occur in the penal system, such as alleged 
Ministry of Interior (MOI) formal rules prohibiting torture. The 
Government occasionally withheld medical care from prisoners.
    During the year there were reports of physical abuse by the police 
and the CPVPV, as well as judicially sanctioned corporal punishments.
    On March 9, according to the NGO Human Rights Watch (HRW), police 
in Khamis Mushayt (Asir region) seeking to arrest a group of 25 
undocumented Yemenis, including several children, allegedly set fire to 
the garbage dump in which they were hiding to force them to come out. 
At least 18 persons suffered severe burns. The victims alleged that 
instead of transporting them to the hospital, the police took them in 
an ambulance to a police station for questioning before treating them. 
The Government claimed the police rescued the individuals from an 
accidental fire. At year's end the Government had not investigated the 
incident.
    On March 30, Al-Watan newspaper reported that a Makkah court 
endorsed the flogging sentence of five persons who attacked the CPVPV 
building in Khaybar in 2007. The sentences ranged from three months' 
imprisonment and 250 lashes to eight months' imprisonment and 400 
lashes.
    On December 22, Al-Riyadh newspaper reported that the court of 
cassation endorsed a lower court's sentence for three persons accused 
of theft. One individual was sentenced to four years' imprisonment and 
400 lashes, while two others received sentences of two years' 
imprisonment and 200 lashes.
    In September an appeals court increased the sentences of Raouf El-
Arabi and Shawki Abd Rabuh, Egyptian doctors for the royal family, to 
15 years in prison and 1,500 lashes each. The court convicted them of 
malpractice after they reportedly administered inappropriate medication 
to a princess, and police accused them of ``driving a patient to 
addiction.''
    The Government also imposed corporal punishment by flogging for 
offenses including the harassment of women or for being alone in the 
company of an unrelated person of the opposite gender. There were no 
reports of flogging in women's prisons. There were no reports of 
judicially sanctioned amputation during the year.
    In 2007 the National Society for Human Rights (NSHR), a government-
funded human rights organization, reported complaints of torture by the 
religious police, the General Administration of Narcotics Control, and 
the Directorate of General Investigations (internal security police or 
Mabahith). Neither the Human Rights Commission (HRC) nor the NSHR 
reported these abuses during the year.
    Also in 2007, according to AI, at least six cases of torture and 
custodial death were brought against members of the religious police. 
In all cases, courts exonerated the CPVPV members. The unlicensed 
domestic human rights group Human Rights First Society (HRFS) reported 
in 2007 that during the past four years there was a significant decline 
in the use of torture in prisons, including the formal banning of the 
use of torture and dismissal of some officials who failed to implement 
this ban.
    In April 2007 an Internet news Web site posted five video clips of 
a prison guard beating prisoners at the al Ha'ir Correctional Facility. 
The videos show a prison guard repeatedly beating the prisoners on the 
palms of their outstretched hands and the soles of one prisoner's feet. 
According to AI, prison authorities suspended two guards involved in 
the incident for 20 to 30 days.

    Prison and Detention Center Conditions.--There were no reported 
prison visits during the year by the Governmental HRC or the NSHR. In 
2006 both the HRC and the NSHR visited prisons in accordance with 
international standard modalities. They found below acceptable 
conditions in hygiene, food, medical, and social services, prolonged 
detention of detainees and prisoners in poor health, and brutalization 
by guards in some prisons and detention centers.
    During the year diplomats and human rights advocates reported that 
detention centers remained overcrowded, and that some prisoners who had 
completed their sentences were detained for additional periods of time. 
A May 17 Internet article Matrouk al-Faleh wrote after a visit to 
detainees in al-Buraida Prison described the presence of 30-40 persons 
in a cell appropriate for only eight to 10 inmates and lack of adequate 
medical attention. The article also claimed one prisoner died of 
medical neglect.
    On October 13, the Consultative Council asked authorities to give 
the General Investigation and Prosecution Authority unfettered access 
to the country's prisons to look into the cases of prisoners who have 
served their jail term but remained imprisoned.
    The Government occasionally withheld medical care from prisoners. 
In the absence of visits during the year by HRC, NSHR, and the 
International Committee of the Red Cross (ICRC), health conditions in 
prisons were not directly reported by domestic organizations. In 2007 
several prisoners reportedly died of tuberculosis in two prisons and 
there were two other health-related deaths in deportation centers. The 
Government investigated the deaths but did not release any information 
on these cases.
    Terror suspects were held separately from criminal suspects to 
prevent the spread of extremist ideology. According to diplomatic 
sources, these suspects were held in facilities similar to those of the 
general prison population.
    Authorities restricted consular visits to prisoners. Notification 
of relevant consulates in the cases of several dual national prisoners 
was delayed or did not occur. There were reports that authorities 
executed third country nationals before their embassies were notified 
of their arrest or conviction.

    d. Arbitrary Arrest or Detention.--The Basic Law prohibits 
arbitrary arrest and detention and limits the period of arrest to 72 
hours without charges being filed. The law provides for trial of the 
detained within six months. However, because of ambiguous 
implementation of the law and a lack of due process, the MOI maintained 
broad powers to arbitrarily arrest and detain persons indefinitely 
without judicial oversight or effective access to legal counsel or 
family. In practice, persons were held for weeks or months and 
sometimes longer.

    Role of the Police and Security Apparatus.--The King. the minister 
of interior, the minister of defense, and the Saudi Arabian National 
Guard (SANG) commander all have responsibility in law and in practice 
for law enforcement and maintenance of order. King Abdullah remained in 
command of the SANG. Crown Prince Sultan, the minister of defense and 
aviation, had responsibility for all of that ministry's armed forces. 
The minister of interior, Prince Nayef, exercised control over 
government internal security forces, the internal security police, the 
Directorate of General Investigation (Mabahith), the Special Security 
Forces, the Special Emergency Forces, the Public Security Forces, the 
Highway Patrol, the Facilities Security Forces, customs, the General 
Administration of Narcotics Control, the coast guard, and the border 
guard. The General Intelligence Presidency (GIP), reporting directly to 
the King. is the Government's primary external intelligence agency and 
maintained its own forces. The civil police and the internal security 
police are authorized to arrest and detain individuals. Security forces 
were generally effective at maintaining law and order; however, there 
was a perception that small-scale corruption occurred among security 
forces and a perception that security forces acted with impunity. The 
Board of Grievances was the only formalized mechanism available to 
investigate claims of abuse. Citizens can report abuses by security 
forces at any police station, to the Governmental HRC, and to the NSHR; 
however, no information was available on the number of complaints filed 
or the results.
    The CPVPV constitutes a semiautonomous agency that reports to the 
King via the Royal Diwan (royal court). The MOI also has an undefined 
and mostly unenforced oversight role over the religious police. The 
religious police monitor public behavior to enforce strict adherence to 
conservative Islamic norms.

    Arrest and Detention.--According to the criminal procedure 
legislation, ``no person shall be arrested, searched, detained, or 
imprisoned except in cases provided by law, and any accused person 
shall have the right to seek the assistance of a lawyer or a 
representative to defend him during the investigation and trial 
stages.'' Any person can be summoned to be investigated, and an arrest 
warrant can be issued based on sufficient evidence; however, warrants 
were not required in cases of probable cause and sometimes were not 
used. Warrants were required for searches of inhabited dwellings and 
seizures of items resulting from such searches. Regulations provide 
bail for less serious crimes, although authorities sometimes released 
detainees on the recognizance of a patron or sponsoring employer 
without payment of bail. There were no established procedures providing 
detainees the right to contact family members following arrest. There 
were no established procedures providing for appeal of deportation.
    There were reports of arbitrary arrest and pretrial detention. 
Although the law prohibits detention without charge, authorities 
detained without charge security suspects, persons who publicly 
criticized the Government, Shia religious leaders, and others who 
violated religious standards.
    Security suspects arrested by the internal security police were 
held incommunicado in special prisons during the initial phase of the 
investigation, which may last indefinitely under the MOI's broad legal 
authority. Authorities restricted access to detainees by family or 
lawyers.
    The number of detainees was not known at year's end. In October 
detainees held indefinitely awaiting trial included at least 720 
suspects. A September 8 AI submission to the UN Human Rights Council 
cited the minister of interior in July 2007 confirming that 3,016 
security suspects were in detention at that time. According to an 
October 3 HRW report, in November 2007 authorities released 1,500 
suspected militants after a reeducation program in prison. They had 
been detained without charge or trial.
    In 2007 the NSHR reported that some police officers detained 
individuals with no justifiable cause and abused their authority by 
threatening to detain individuals to pressure them to obtain 
confessions or information relevant to an investigation.
    The religious police are required to have a police officer 
accompany them at the time of an arrest. However, there were some cases 
in which religious police detained persons without the presence of a 
police officer. Particularly in the more conservative Nejd region, 
religious police accosted, abused, arrested, and detained citizens and 
noncitizens, especially women, for allegedly violating dress and 
behavior standards.
    On September 21, the Saudi Gazette newspaper reported that the 
chief of the CPVPV, Sheikh Ibrahim al-Ghaith, barred the commission's 
agents from checking the family sections of restaurants or hotels 
without first obtaining his permission.
    The religious police continued to monitor public behavior. For 
example, in February CPVPV arrested and jailed a foreign businesswoman 
for being present in public with a male who was not her relative. 
Authorities released her the following day.
    In February 2007, according to HRW, internal security police in 
Jeddah and Medina arrested Isam Basrawi, his assistant, and eight other 
men, all of whom were prominent reform advocates. Basrawi was 
reportedly released for health reasons in September 2007, although the 
others remained in prison at year's end. They have not been charged; 
however, there were allegations in the media that they financed 
terrorism outside the country. In November the group and several 
outside supporters organized a two-day hunger strike to protest their 
ongoing detention.
    Authorities continued to hold without charge Jordanian citizen 
Tariq Yunis, who was arrested in January 2007 as part of a contractual 
dispute. An agent for Princess Basma bint Sa'ud bin Abd Al-'Aziz Al-
Sa'ud brought a civil case against Yunis alleging that Yunis owed the 
Princess money.

    Amnesty.--During the year the Government continued its tradition of 
pardoning or granting amnesty on special occasions, including holy days 
and during Ramadan. For example, the Saudi Gazette reported that the 
King pardoned 102 prisoners in the Asir and Eastern Province regions on 
September 5.

    e. Denial of Fair Public Trial.--The Basic Law provides for an 
independent judiciary, but one that cooperates with the executive and 
legislative authorities, with the King as arbiter. Allegations of 
interference with judicial independence were uncommon. The courts have 
not attempted to exercise jurisdiction over senior members of the royal 
family. The Supreme Judicial Council, whose members are appointed by 
the King. appoints, transfers, and removes judges. The Ministry of 
Justice (MOJ) disciplines judges. The MOJ judicial system is Shari'a-
based, whereas specialized tribunals in the executive branch decide 
many civil disputes relying on regulatory/legislative precepts and 
refrain from ruling on matters Islamic jurisprudence clearly addresses.
    The legal system is based on the Government's interpretation of 
Shari'a in all general courts. Ordinary, or summary, courts exercise 
jurisdiction over common criminal cases and rely on interpretation of 
the Koran rather than a penal code in civil suits regarding marriage, 
divorce, child custody, and inheritance. Their jurisdiction extends to 
non Muslims for crimes committed in the country. Judgments from these 
courts can be appealed to two appellate courts located in Riyadh and 
Mecca. The third and final level is the Supreme Judicial Council, which 
has 11 members, supervises the work of the lower courts, and expresses 
legal opinions on judicial questions. The council cannot reverse 
decisions made by the courts of appeal; however, the council can review 
lower court decisions and affirm or remand them for reconsideration.
    The Ministry of Trade generally adjudicates commercial disputes, 
but occasionally Shari'a courts try commercial cases with the 
assistance of an advisory panel. The Ministry of Labor handles all 
labor disputes through the Commission for the Settlement of Labor 
Disputes. Other similar bodies deal with monetary issues, traffic, and 
customs.
    Other civil proceedings, such as those involving claims against the 
Government and enforcement of foreign judgments, are held before 
various specialized administrative tribunals. The Board of Grievances 
serves directly under the King and is roughly comparable to 
administrative courts and hears complaints against government actions 
including against the religious police. Noncitizens have occasionally 
won their cases against government actions in these tribunals.
    Shari'a is not based on a system of precedent, which can result in 
widely divergent rulings and has led to complaints that judges have 
acted capriciously. According to the MOJ, judges are free to base their 
decisions on any of the four Sunni schools of jurisprudence. In 
practice judges usually follow the Hanbali school of jurisprudence.
    The Government permitted Shia citizens to use their own Jaafari 
legal tradition to adjudicate cases involving domestic issues, 
inheritance, and Islamic endowments. The Jaafari system, with 
jurisdiction over cases in the Al-Ahsa/Qatif area only, consisted of 
two basic courts, each with two judges in Qatif and Al-Ahsa and a 
three-judge appeals court in Qatif. The Jaafari courts, however, have 
limited power. For example, if a litigant disagreed with the Shia 
court's decision, that person could seek a rehearing in a Sunni court, 
which could overrule any previous determination.
    The military justice system has jurisdiction over uniformed 
personnel and civil servants who are charged with violations of 
military regulations. The defense minister and the King review the 
decisions of military tribunals. Security courts are established within 
the existing court system and are overseen by Shari'a judges.
    The Council of Senior Religious Scholars (Ulema) is an autonomous 
advisory body of 21 senior religious jurists, including the minister of 
justice. It interprets Shari'a and establishes the legal principles 
that guide lower court judges.

    Trial Procedures.--Laws and regulations state that defendants 
should be treated equally in accordance with Shari'a. The law does not 
require a public trial, and the majority of trials were closed. Whether 
to open a trial to the public is at the discretion of the judge. Many 
cases, including capital cases, proceed through trial to verdict and 
sentencing with no public notice, unless the verdict is reported in the 
media.
    According to the Criminal Procedure Law, defendants do not enjoy a 
presumption of innocence. The law provides persons under investigation 
the right to a lawyer and permits lawyers to present arguments in 
criminal courts; however, an attorney is not provided at public expense 
if the defendant cannot afford to hire one. The law does not 
specifically protect a defendant's right to consult with an attorney 
upon arrest. The law provides for defendants to have access to relevant 
government-held evidence, and convicted persons are to be informed of 
their right to appeal rulings. Defendants also have the right to 
confront or question witnesses against them; however, witnesses are 
questioned before the initiation of a trial and not during the trial. 
Juries are not used.
    Shari'a discriminates against criminal defendants and civil 
litigants on the basis of religion and gender, which can affect the 
admissibility and weight of evidence, and thus the outcome of legal 
proceedings.
    In a Shari'a court, the testimony of one man equals that of two 
women. Under the Government's interpretation of Shari'a, judges may 
discount the testimony of persons who are nonpracticing Sunni Muslims, 
including Shia Muslims. Sources reported that testimony by Shia was 
often ignored in courts of law or was deemed to have less weight than 
testimony by Sunnis.
    Female parties in court proceedings such as divorce and family law 
cases generally had to deputize male relatives to speak on their 
behalf. In the absence of two witnesses, or four witnesses in the case 
of adultery, confessions before a judge were almost always required for 
criminal conviction.
    Sentencing is not always uniform. In wrongful death cases, the 
amount of indemnity or ``blood money'' awarded to relatives has varied 
with the nationality, religion, age, and gender of the victim. A 
sentence may be changed at any stage of review, except for punishments 
stipulated by the Koran.
    Provincial governors and senior officials have authority to reduce 
a sentence. In cases between two individuals, the wronged party has the 
right to accept money or impose no punishment instead of the punishment 
decreed by the judge.
    The King and his advisors review cases involving capital 
punishment. The King has the authority to commute death sentences and 
grant pardons, except for capital crimes committed against individuals. 
In such cases, he may request the victim's next of kin pardon the 
killer--usually in return for compensation from the family of the 
convicted person or from the King.
    In June 2007 Sri Lankan domestic worker Rizana Nafeek faced 
execution after being found guilty of murdering an infant in her care. 
Nafeek had no legal representation. In addition, because she was 
allegedly provided forged documents in Sri Lanka, she may have been 17 
at the time. An appeals hearing revealed that an interpreter may not 
have been qualified. The infant's family has continuously refused to 
consider clemency. The appeal of Nafeek's death sentence was pending at 
year's end.

    Political Prisoners and Detainees.--On May 19, security forces 
arrested Professor Matrouk al-Faleh at King Saud University. On May 17, 
he had posted on a Web site a three-page criticism of the justice 
system, including conditions in Buraida Prison following a visit to 
detained reformers Isa and Abdullah al-Hamid. Al-Faleh remained in 
prison without charge at year's end. According to HRW, the Government 
did not permit his lawyers or international humanitarian organizations 
access to him.
    On July 8, authorities released Isa al-Hamid. His brother, Abdullah 
al-Hamid, was released on August 28. According to press reports, in 
July 2007 the internal security police arrested the two prominent 
reformers for instigating a public demonstration during which women 
peacefully protested the continued detention of relatives without 
charge or trial. HRW reported that a court in Buraida sentenced the al-
Hamid brothers to four and six month prison terms, respectively, in 
November 2007.
    According to HRW, Mansur al-'Awdha, a reform activist from Jawf, 
has been in al-Ha'ir prison without charge since December 2007.

    Civil Judicial Procedures and Remedies.--The Board of Grievances, 
reporting to the King. considers cases in which a government agency is 
a party. There were no reports of human rights cases presented to the 
board during the year.
    There were also no reports of lawsuits seeking damages for, or 
cessation of, human rights violations. Instead, complainants generally 
referred their cases to the HRC, which either advocated on their behalf 
or provided courts with opinions on their cases. Domestic violence 
cases were the most common. The HRC was generally responsive to 
complaints. Administrative and judicial remedies were available for 
alleged violations.
    Individuals with complaints against police or security forces could 
file a complaint with their governorate office, which logged complaints 
and performed investigations. Some investigations reportedly resulted 
in the discipline or dismissal of police.
    Shari'a discriminates against non-Muslims and women in calculating 
accidental death or injury compensation. According to the prevailing 
Hanbali interpretation of Shari'a, once a court determines fault, a 
Muslim male receives 100 percent of the amount of compensation 
determined, a Jew or Christian male receives 50 percent, and all 
others, including ``polytheists,'' receive one sixteenth of the amount 
a Muslim male receives. Women receive 50 percent of what men receive in 
each of these categories.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Basic Law guarantees the inviolability of homes 
and the privacy of correspondence. The Criminal Procedure Law requires 
authorities to obtain a warrant prior to searching a residence or a 
court order prior to perusing personal correspondence and documents. 
Royal decrees include provisions for the Government to defend the home 
from unlawful intrusions, and laws and regulations prohibit officials 
from intercepting mail and electronic communications except when 
necessary during internal security and criminal investigations; in such 
cases the police must demonstrate reasonable cause and obtain 
permission from a provincial governor. The Government generally 
respected this inviolability, but there were some cases in which the 
Government infringed on these rights, such as religious police raids on 
private residences.
    Despite these legal provisions, customs officials routinely opened 
mail and shipments to search for contraband, including material deemed 
pornographic or that appeared to be non Sunni Islamic religious 
material. In some areas, informants reported ``seditious ideas,'' 
antigovernment activity, or ``behavior contrary to Islam'' in their 
neighborhoods to the MOI.
    Religious police enforcement of strict standards of social behavior 
included closing commercial establishments during the five daily prayer 
observances, insisting upon compliance with strict norms of public 
dress, and dispersing gatherings of women in public places designated 
for men, as well as preventing unaccompanied men from entering public 
places designated for families. Religious police frequently reproached 
both citizen and foreign women for failure to observe strict dress 
codes and arrested men and women found together who were not married or 
closely related. Since there are no clear standards for what 
constitutes improper attire or prohibited gender mixing, enforcement of 
these rules is arbitrary and subject to the personal views of CPVPV 
field officers.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Basic Law does not provide for 
freedom of speech or the press, and the Government generally did not 
respect these rights in practice. Several major media outlets were 
owned by members of the royal family, and individuals were not 
permitted to criticize the royal family publicly. The Government 
actively impeded criticism and monitored citizens' political activity. 
In rare cases, individuals criticized specific government bodies or 
actions publicly without repercussions.
    According to the Basic Law, the media's role is to educate the 
masses and promote national unity. Media outlets can legally be banned 
or publication temporarily halted if they are deemed to promote 
``mischief and discord, compromise the security of the state and its 
public image,'' or if it ``offends a man's dignity and rights.'' The 
Government continued to restrict freedom of speech and press by 
interrupting publication and dissemination of news sources critical of 
the royal family or of Islam. Authorities prevented or delayed 
distribution of foreign print media, effectively censoring these media 
and publications. During the year media discussions took place that 
tested the boundaries of permissible topics for media coverage, 
including political and social reforms, actions of government 
ministries, domestic and child abuse, rights of women and human rights, 
corruption, drug and alcohol abuse, crime rates and violence, 
trafficking in persons, HIV/AIDS, and the religious police.
    The Government continued to enforce existing laws based on Article 
12 of the Basic Law, which provides the state with the authority to 
``prevent anything that may lead to disunity, sedition, and 
separation.'' All public employees are enjoined from ``participating, 
directly or indirectly, in the preparation of any document, speech or 
petition; engaging in dialogue with local and foreign media; or 
participating in any meetings intended to oppose the state's 
policies.''
    An unwritten yet routinely followed media policy prohibits the 
dissemination of criticism of the royal family and the Government. In 
this regard, the print media exercised self-censorship. Some newspapers 
have close ties to members of the royal family, including widely 
circulated pan-Arab newspapers Ash-Sharq Al-Awsat and Al-Hayat, which 
members of the royal family own. A 1982 government media policy 
statement still in effect urges journalists to uphold Islam, oppose 
atheism, promote Arab interests, and preserve cultural heritage. The 
Ministry of Culture and Information (MCI) must approve the appointment 
of all senior editors and has the authority to remove them. The 
Government provides guidelines to newspapers regarding controversial 
issues. The Government owned Saudi Press Agency (SPA) reports on 
official government news. All newspapers in the country must be 
licensed by the Government.
    From March to June the press extensively covered the March deaths 
of six citizens allegedly caused by members of the religious police 
during high-speed car chases. The deaths resulted in significant 
criticism both in the print press and in online fora, and the media 
called for investigations and accountability regarding the accidents. 
Authorities cleared and released members of the religious police after 
investigations.
    On July 7, Al-Riyadh newspaper reported the arrest of a Saudi judge 
in Dubai on drug possession and use charges. The MOJ stated the man was 
not a judge; however, Al-Riyadh published a confirmation by its sources 
that the man was a Saudi judge.
    In June Prince Faisal bin Abdullah, the President of the Saudi Red 
Crescent Society and a son of the King. filed a defamation lawsuit 
against Al-Watan journalist Saleh al-Shehy within the established 
grievance process set up by the MCI. There was no conclusion by year's 
end.
    In August 2007 the MCI halted distribution of Al-Hayat newspaper, 
based either on what media reports claimed was the ministry's 
disapproval of Al-Hayat's ``Western style'' format and criticism on 
local issues or an implied link between respected religious scholars 
and terrorism.
    The Saudi Journalist Association operates under a government 
charter. Membership is voluntary and open to both men and women. 
Although theoretically noncitizen journalists working in the country 
were eligible to join, they have no voting rights, and may not attend 
the association's general assembly. The organization's elected nin.--
member board of directors includes two women, all approved by the MCI.
    During the year access to information and government statistics 
improved incrementally but remained limited. Access to information 
related to the Government's budget and accountability of public 
officials improved. The Government owned and operated most domestic 
television and radio channels. In domestic broadcast programs, 
government censors removed references to religions other than Islam, 
pork or pigs, alcohol, and sex. Private, Saudi-owned satellite networks 
such as the MBC, Orbit, and ART media groups, although headquartered 
outside of the country, maintained local offices and operated under a 
system of self-censorship. Many other foreign satellite stations 
broadcast a wide range of programs into the country.
    Approximately 30 radio stations continued to await operating 
licenses during the year, although several new independent newspapers 
began operations.
    Although they were technically illegal, the Government did not 
place restrictions on several million satellite receiving dishes that 
provided citizens with foreign television programming. Access to 
outside sources of information, such as Arabic and Western satellite 
television channels and the Internet, was widespread. The Government 
did not censor foreign television programming. Royal or affluent 
merchant families owned most of the media companies that brought 
foreign television programming to the country via satellite.
    Journalists occasionally faced harassment and intimidation via 
phone calls or e-mails; however, there were no reports of violent 
harassment of journalists during the year.
    In March according to the Committee to Protect Journalists (CPJ), 
Sheikh Abdul-Rahman al-Barrak, a Saudi cleric, called for the trial of 
two writers for their ``heretical articles'' and their deaths if they 
did not repent. In September the head of the Supreme Judicial Council, 
Sheikh Saleh al-Lihedan, stated during a radio program that it is 
permissible under Shari'a to kill owners of satellite television 
channels that broadcast immoral content. Following strong domestic and 
international reaction, al-Lihedan clarified his remarks to state that 
media owners could be subject to the judicial process, including the 
death penalty.
    Media reports noted Al-Ekhbariya TV, a government-run news channel, 
suspended one of its presenters and temporarily discontinued live 
broadcasts because the presenter allowed negative comments about a 
governmental policy to air. The channel later reinstated the presenter. 
The MCI facilitated the opening of Al-Jazeera Arabic and Associated 
Press bureaus in Riyadh. At year's end both media outlets could file 
and broadcast from within the country.
    The Consultative Council allowed the media, both print and 
broadcast, to observe its proceedings and meetings, but the council 
closed certain high-profile or controversial sessions to the media.
    In June 2007, according to AI, university professor Sa'id Bin 
Zu'air was arrested on charges of financially aiding terrorists; other 
sources have argued that he may have been arrested to prevent him from 
appearing on Al-Jazeera and criticizing the Government. He remained in 
detention at year's end.

    Internet Freedom.--The Government restricted access to the 
Internet, and the Saudi Telecommunications Company (STC) reportedly 
monitors e mail and Internet chat rooms. During the year more citizens 
appeared to engage in exchanges of views and information via the 
Internet, including e-mail and blogs. The Government continued to block 
access to Web sites it deemed sexual, pornographic, politically 
sensitive, offensive to the Government or members of the royal family, 
``un Islamic,'' or disruptive because of controversial religious 
content. In October, for example, the STC blocked access to the Voice 
of Saudi Women Web site for material it deemed in opposition to 
government policy.
    According to the International Telecommunications Union, in 2007 
there were approximately 1.8 million Internet subscribers and 6.38 
million users. By law access to the Internet was available only through 
local government monitored servers. In practice the law was not 
enforced, as some citizens openly circumvented controls by accessing 
the Internet through servers in other countries via satellite. The 
Government continued to streamline the process for citizens to request 
that a site become unblocked. Authorities reported requests have 
resulted in unblocking certain Web sites. Authorities routinely blocked 
sites carrying content the Government considered to violate religious 
norms or to be extremist and anti-government. Most social networking 
tools such as Facebook were not blocked. The Google social network 
Orkut remained blocked throughout the year.
    The law criminalizes defamation on the Internet, hacking, 
unauthorized access to government Web sites, and stealing information 
related to national security. At year's end there were no reported 
prosecutions; however, authorities did arbitrarily arrest and detain 
some bloggers posting content the Government found objectionable.
    On April 26, authorities released from detention Fouad Ahmed al-
Farhan, a popular blogger and owner of proreform Web site Alfarhan.org. 
Authorities had arrested him in December 2007 and issued no formal 
charges. Online and print media reports quoted a MOI official stating 
his arrest was due to ``mistakes he committed.''
    On May 5, a prosecutor charged Rai'f Badawi in absentia with 
``setting up an electronic site that insults Islam,'' and asked for a 
sentence of five years in prison and a fine of three million riyals 
(approximately $800,000). According to HRW, Badawi used the site to 
track abuses by the religious police and question the dominant 
interpretation of Islam. Badawi sold the Web site and fled the country 
prior to the charge. In March authorities detained and interrogated 
Badawi about the Web site for one day.
    On November 4, self-identified members of the CPVPV detained poet/
blogger Roshdi Algadir in Dammam for ``writing poetry with quotations 
from a book of sorcery and blasphemy.'' The individuals briefly 
detained the poet, beat him, and forced him to sign an agreement 
promising he would not publish his work on the Internet.

    Academic Freedom and Cultural Events.--The Government continued to 
restrict academic freedom. The Government prohibited the study of 
evolution, Freud, Marx, Western music, and Western philosophy. 
Informants reportedly monitored classroom comments and reported to the 
Government and religious authorities. Academics practiced self-
censorship.
    In contrast to previous years, several books dealing with taboo 
subjects such as religious diversity and philosophy were displayed and 
sold at the Riyadh International Book Fair. Women were permitted to 
work as book vendors, and the Japanese, French and American booths 
included female staff during both family and men-only days. However, 
female visitors were not permitted to approach male authors during book 
signings, and female writers did not enjoy the same opportunities to 
sign their works in public. Religious police present during the fair 
were required to wear identity badges.
    Educational exhibitions in Qatif prohibited female participation. 
For the past two years, the Qatif Educational Fair has been unable to 
secure government approval for female participation or for a parallel 
female only educational fair.
    The Government censored public artistic expression and prohibited 
cinemas and public musical or theatrical performances, except those 
considered folkloric. According to media reports, 12 men suspected of 
links to the religious police disrupted Riyadh's official spring 
cultural festival--which featured plays for men and theater and movies 
for children--by destroying exhibits and approaching visitors who were 
allegedly violating CPVPV rules. Taif's Okaz Cultural Festival also 
came under criticism by conservatives for promoting ``un-Islamic and 
pagan tradition,'' but senior officials and academics publicly defended 
the government-sponsored festival.
    Cultural and recreational gatherings sponsored by private citizens 
continued, although the organizer cancelled a women's basketball 
tournament in Jeddah following a series of telephone threats, allegedly 
from the religious police. The Jeddah Literary Club welcomed a visiting 
delegation of writers from the University of Iowa, and the Riyadh 
Literary Club hosted the group for a discussion that was open to the 
public. Local authorities continued to force closings or social fora in 
the majority Shia Al-Ahsa region of Hofuf.
    The Government temporarily lifted a restriction on the public 
showing of films with the screening of a movie in Jeddah and Taif in 
December. Many international and local films were privately screened 
during the third annual Jeddah Film festival in July. On May 20, the 
minister of culture and information opened the country's first official 
film contest in the city of Dammam. The contest lasted four days and 
all 33 competing films were produced by citizens.
    The Riyadh religious police arrested a television crew for 
allegedly filming during prayer times.
    Public performance of plays and music were allowed if they were 
traditional and part of a special event. A foreign embassy sponsored a 
classical concert for a mixed-gender audience in Riyadh. In addition 
public art exhibitions by male and female artists at hotels, malls, and 
open galleries were held throughout Jeddah, largely under royal 
patronage. Another exhibit by a female artist was held in Al-Rashid 
Mall in Al-Khobar.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The Basic Law does not address freedom of assembly, which 
the Government strictly limited in practice. Public demonstrations were 
prohibited.
    Public meetings were usually segregated by gender. However, the 
Jeddah Chamber of Commerce and Industry (JCCI) and other commercial and 
medical gatherings were frequently mixed gender. At media press 
conferences, female journalists may be restricted to front-row seats 
rather than provided a separate room with close.--circuit television. 
The authorities monitored large nonfamily gatherings, particularly if 
women were present. The religious police dispersed any large nonfamily 
groups in public places, such as restaurants. However, men and women 
could mix in some public places that cater to noncitizens.
    Authorities arrested at least 12 participants following a 
demonstration in support of Gazan Palestinians in the Shia-majority 
city of Qatif, Eastern Province. On December 29, police dispersed a 
similar demonstration in Qatif, again arresting participants in the 
subsequent days. However, police did not disrupt another similar 
demonstration December 29 in Safwa, Eastern Province.
    On December 31, the MOI, citing security concerns, denied a request 
by activists to hold a peaceful sit-in in Riyadh on behalf of 
Palestinians in Gaza.
    In July 2007 police arrested five women after they held a sit in 
outside a prison to advocate for timely trials for relatives who had 
been imprisoned. There were no government-permitted peaceful political 
demonstrations during the year.

    Freedom of Association.--The Basic Law does not address freedom of 
association, and the Government strictly limited this right in 
practice.
    The Government prohibited the establishment of political parties or 
any group it considered as opposing the regime or possibly overstepping 
the bounds of criticism by challenging the King's authority. All 
associations must be licensed by the MOI and comply with its rules and 
regulations; however, previous requests for licensing from citizens 
have gone unanswered.
    For example, human rights activist Ibrahim al-Mugaiteeb and his 
group Human Rights First Society (HRFS) applied for a license in 2002. 
Despite its continued activity, to date the group has received no 
response to this request. As the group is formally ``unlicensed,'' it 
remained unclear which group activities were permitted and which could 
draw criticism or punishment from the Government. Further, without a 
license the group may not raise operating funds, which severely limited 
its activities. The Government took no steps to license HRFS during the 
year but permitted its informal operation.
    In September 2007 a group calling itself the Association for the 
Protection and Defense of Women's Rights in Saudi Arabia transmitted to 
the King a petition with 1,100 signatures asking for a repeal of the 
ban on women driving. At year's end the Government had not replied. 
According to HRW, the group received a warning against mounting any 
demonstrations. The association did not have legal status at year's 
end.

    c. Freedom of Religion.--The Basic Law states that Islam is the 
official religion. All citizens are expected to adhere to Islamic 
principles. The legal system is based on the Government sanctioned 
version of Shari'a. Conversion by a Muslim to another religion is 
considered apostasy, and persons accused of apostasy face physical 
abuse and threats of execution unless they recant. There have been no 
confirmed reports of sanctioned executions for apostasy since 1992, but 
in the late 1990's there were reports of prisoners who were beaten to 
death by government authorities for refusing to recant their alleged 
apostasy.
    There is no legal recognition or protection of religious freedom, 
and it was severely restricted in practice. The Government limited the 
practice of all but the officially sanctioned version of Islam, 
limiting the public practice of Muslim sects other than Sunni Islam and 
prohibiting the public practice of, profession of, or possession of 
literature and symbols relating to other religions. The Government 
stated that as a matter of public policy it protects the right to 
private worship for all, including non Muslims who gather in homes for 
religious services. This right was not always respected in practice and 
is not defined by law.
    The public practice of non Muslim religions is prohibited. Although 
the Government stated its policy to protect the right to possess and 
use personal religious materials, it did not provide for this right by 
law.
    In contrast to similar incidents in recent years, the Government 
reversed its decision to deport foreign Christians arrested for 
conducting a worship service in incidents in April in the Western 
Province and in May in Qassim Province.
    In June there were reports from Al-Khobar that authorities closed 
three Shia mosques that had been operating for years. Sunni mosques 
continued to operate freely and without government harassment.
    The law criminalizes blasphemy. On March 31, a court sentenced 
Sabri Bogday, a Turkish barber, to death after two men reported to the 
authorities that he blasphemed God and the Prophet Muhammad in his 
barbershop. On May 1, an appellate court upheld his conviction of 
blasphemy. At year's end the sentence had not been carried out.
    Citizens and especially foreigners were occasionally accused of 
believing in or practicing ``magic,'' ``superstition,'' and 
``sorcery.'' Under the Government's interpretation of Shari'a, magic 
was regarded as one of the worst forms of polytheism, and is a capital 
offense. Unlike the previous year, there were no reports of executions 
of individuals convicted of magic.
    In February HRW appealed to the King to stop the execution of Fawza 
Falih Muhammad Ali, who was arrested in 2005 and accused of witchcraft. 
There was reportedly weak evidence and the court followed highly 
irregular procedures. Her case was transferred to the Royal Court in 
January. At year's end she remained imprisoned and in poor mental 
health. In November 2007 police officers in Taif arrested a Nigerian 
woman for alleged witchcraft. No further information was available 
concerning either case at year's end.
    In October the press reported that an appeals court confirmed the 
sentence of a Sudanese ``sorceress'' to three years' imprisonment, 
1,500 lashes, and deportation.
    During the year there were fewer reports of government officials 
confiscating religious materials and no reports that customs officials 
confiscated religious materials from travelers, whether Muslims or non-
Muslims. Individuals were able to bring personal Bibles, crosses, DVDs 
of sermons, and other religious materials into the country without 
difficulty.
    There were fewer reported religious police raids on religious 
gatherings in the Western Hijaz region and in the Eastern Province. In 
addition there were reports of large public and private celebrations of 
Shia holidays in Qatif. Government restrictions on celebration of Shia 
holidays differed by region.
    For example, the January Ashura holiday in Qatif was marked by a 
greater number of commemorations and participants than in past years 
and less security presence. In addition there was wider practice of 
ritual self-flagellation, a practice the Government had previously 
sought to discourage.
    In contrast, in other areas with large Shia populations such as al-
Ahsa and Dammam, authorities continued to restrict Shia religious 
practices. The Government imposed restrictions on public observances of 
Ashura in these and other areas where both Shia and Sunni live. 
Authorities banned public marches, loudspeaker broadcasts of clerics' 
lectures from Shia community centers, and in some instances, gatherings 
within the centers. There were reports that these measures were applied 
strongly in al-Ahsa, where the local governor allegedly gathered 
approximately 30 Shia community leaders two weeks before the Ashura 
celebration to warn them against public celebrations. It was not clear 
if this action was expressly anti-Shia or designed to prevent conflict 
in mixed areas. In addition, security forces patrolled the streets of 
al-Ahsa to ensure that there were no banners or flags, which are 
associated with the religious holiday.
    In February the Government reportedly prohibited the public 
celebration of the Shia Arbaeen religious holiday in all areas except 
the majority Shia area in Qatif.
    On June 22, authorities arrested a prominent Shia sheikh in al-Ahsa 
after he called a previous anti-Shia statement by 22 Salafi clerics an 
incitement to violence and demanded greater rights and political 
representation for the Shia of al-Ahsa. Authorities detained the sheikh 
for one week.
    On October 13, the Web site Al-Rasid reported that authorities 
arrested Shia rights activist Farid al-Nemer as he returned from 
Bahrain. He was allegedly arrested and detained for five or six days 
for his antigovernment and pro-Shia activities.
    The Ministry of Islamic Affairs (MOIA) took measures to reduce 
extremist rhetoric in sermons. On February 22, Okaz newspaper reported 
that the MOIA appointed 1,500 people to monitor sermons in mosques and 
the activities of imams across the country. According to the article, a 
leading MOIA official fired some imams due to violations of MOIA 
regulations. On April 28, Al-Watan reported that the Jeddah branch of 
the MOIA had summoned a number of imams and khateeb (those who deliver 
a sermon during Friday prayer) for questioning related to their 
deviation from MOIA directions intended to prevent the preaching of 
extremist ideologies.
    On October 17, the Saudi Gazette reported that Minister of Islamic 
Affairs Sheikh Saleh Bin Abdul Aziz Al-Sheikh stated that imams were 
free to address modern issues in their sermons but within limits. He 
stated that imams are not permitted to defame countries, people, or 
organizations, and that imams have the role of correcting 
misconceptions and counteracting deviant thought.
    The Government did not officially permit non Muslim clergy to enter 
the country for the purpose of conducting religious services, although 
some did enter under other auspices, and the Government generally did 
not disrupt discreet religious functions. Such restrictions made it 
difficult for most non Muslims to maintain contact with clergymen and 
attend services but did not prevent them from gathering to practice 
their faith. Proselytizing by non Muslims, including the distribution 
of non Islamic religious materials such as Bibles, was illegal. Anyone 
wearing religious symbols in public that were considered idolatrous 
within the Hanbali school risked confrontation with the religious 
police.
    Islamic religious education was mandatory in public schools at all 
levels. Regardless of the Islamic tradition to which their families 
adhere, all public school children receive religious instruction that 
conforms to the conservative Hanbali tradition of Sunni Islam. 
Expatriate non Muslim students in private schools were not required to 
study Islam. There was inconsistent enforcement of the law that imposes 
quotas on attendance of non-Saudi Muslim children at international 
schools in the country (other than their national community schools).
    In contrast to the previous year, there were no reports that 
religious police pressured employers and sponsors to reach verbal 
agreements with non Muslim employees that they would not participate in 
private or public non Muslim worship services.

    Societal Abuses and Discrimination.--The Government continued to 
enforce the Wahhabi interpretation of Sunni Islam. Adherents of Shia 
Islam faced significant political, economic, legal, social, and 
religious discrimination condoned by the Government, including limited 
employment and education opportunities and underrepresentation in 
official institutions. There were also restrictions on the practice of 
their faith and on the building of places of worship and community 
centers.
    The Shia Muslim minority, estimated to be between 8 and 10 percent 
of the citizen population, lived mostly in the Eastern Province, 
although a significant number resided in the Western Province and in 
Najran in the southwest. The local government in the Najran area 
subjected members of the Sulaiman Ismaili minority (a branch of Shia 
Islam) to officially sanctioned discrimination in employment, the 
justice system, and the ability to practice their religion freely.
    At year's end Hadi al-Mutif, a Sulaimani Ismaili Shia, remained 
imprisoned under a 1996 death sentence for ``insulting the Prophet 
Muhammad.'' Then-King Fahd stayed the death sentence and King Abdullah 
upheld the stay; however, al-Mutif has remained in prison and has faced 
periods of solitary confinement following suicide attempts.
    While they constituted approximately 40 percent of the Eastern 
Province population, there were only three Shia among the 150 members 
of the Consultative Council, the royally appointed body that advises 
the King. initiates legislation, and reviews and comments on policies 
as requested.
    On January 25, the Al-Rasid Web site reported that extremists 
distributed leaflets in the Eastern Province before Ashura accusing the 
Shia of plotting to demolish the Grand Mosque in Mecca, remove the 
Kaaba and the Prophet's Mosque in Medina, and annihilate all Muslims 
except the rafidah, a branch of Shia Muslims.
    On September 7, police arrested Shia religious leader Shaikh Tawfik 
al-Amer for performing prayers according to Shia practice. Authorities 
released him after 11 days in detention. According to NGO reports, 
police also arrested al-Amer in June for criticizing a statement signed 
by 22 Sunni clerics that described Shia as enemies of Sunnis.
    There were no public places of worship for non Muslims. Although 
significant numbers of Christians, Hindus, Buddhists, and a few Jews 
resided in the country, no public churches, temples, or synagogues were 
allowed. There were reports of violence against and harassment of 
Christians, due to societal discrimination against foreign workers 
coupled with religious discrimination.
    The Government required noncitizens to carry legal resident 
identity cards that contained a religious designation for ``Muslim'' or 
``non Muslim.'' Unlike in previous years, there were no reports that 
some sponsors withheld pay and residency card renewal based on 
religious factors.
    There were reports that religious vigilantes, unaffiliated with the 
CPVPV and acting on their own, harassed and assaulted citizens and 
foreigners.
    On infrequent occasions, editorial cartoons exhibited anti-Semitism 
characterized by stereotypical images of Jews along with Jewish symbols 
and comparisons of Israeli government actions to those of the Nazis. 
Anti Semitic editorial comments sometimes appeared in the Government 
and private print and electronic media in response to regional 
political events.
    There continued to be instances in which Sunni imams, who receive 
government stipends, used anti-Jewish, ant.--Christian, and ant.--Shia 
language in their sermons and some instances in which mosque speakers 
prayed for the death of Jews and Christians, including from the Grand 
Mosque in Mecca and the Prophet's Mosque in Medina. There were reports 
the MOIA dismissed some imams for espousing intolerant ideas, but other 
imams who made such statements were allowed to continue. There were 
reports of imams in the Eastern Province who included calls for divine 
punishment of Jews as part of special prayers.
    Since 2001 the Government has claimed it has projects under way to 
revise textbooks, curricula, and teaching methods to promote tolerance 
and remove content disparaging religions other than Islam. Despite its 
most recent effort begun in 2006, elementary and secondary education 
textbooks still retained some language that was intolerant of other 
religious traditions, especially Jewish, Christian, and Shia beliefs, 
and in some cases provided justification for violence against non-
Muslims.
    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 Basic Law does not provide for 
these rights.
    Freedom of movement was restricted. The Government restricted this 
right for women based on its interpretation of Shari'a. With the 
exception of some rural areas where the restriction was not enforced, 
all women in the country were prohibited from driving. The Government 
must issue an exit visa for an individual to leave the country. A male 
citizen younger than 21 requires the permission of his guardian to 
travel outside the country. Minor and single adult daughters of citizen 
fathers must obtain written permission from a male relative. A woman 
can obtain her own national photo identity card, although the 
Government required permission from a male relative or guardian. A 
female citizen with a valid passport can obtain an identity card on the 
basis of her own passport; however, if a woman does not have a 
passport, she needs a male guardian to verify her identity. During the 
year the Government continued to issue national identity cards to 
women, despite opposition by religious conservatives. There were 
reports that some women had difficulty obtaining identity cards.
    If a husband refused to grant his noncitizen wife permission to 
travel, her choices were to divorce her husband or not to travel. If 
she divorced her husband, the Government could issue her an exit visa, 
but she was unlikely to be allowed to reenter the country. In March the 
Government instituted a prenuptial agreement for marriages in which the 
wife is a noncitizen. Both partners must sign an agreement that permits 
the noncitizen wife to travel without the husband's permission. The law 
is not retroactive.
    Females and minor children, even those with dual nationality, may 
also be subject to ``blacklisting'' by government entities or family 
members wishing to prohibit their travel. A January royal decree gave 
women the right to check into hotels without a male guardian. In cases 
involving custody disputes of citizens or resident noncitizens, the 
male guardian is legally able to prevent the travel of his spouse and 
his minor and adult children out of the country.
    The Basic Law prohibits employers from retaining foreign workers' 
passports; in practice, most sponsors reportedly disregarded the law 
and retained possession of foreign employees' passports. Foreign 
workers must obtain permission from their sponsors to travel abroad. 
Sponsors involved in a commercial or labor dispute with foreign 
employees could ask the authorities to prohibit the employees from 
departing the country until the dispute was resolved. In some contract 
disputes, sponsors used this leverage to force employees to accept 
disadvantageous settlements or be deported. Foreigners were allowed to 
reside or work in the country only under the sponsorship of a citizen 
or business. The law did not permit foreigners to change their 
workplace without their sponsor's permission.
    The Government seized the passports of all potential suspects and 
witnesses in criminal cases and suspended the issuance of exit visas to 
these individuals until the case was concluded. As a result, some 
foreign nationals were forced to remain in the country for lengthy 
periods against their will.
    The Government did not use forced exile, but it has previously 
revoked the citizenship of opponents of the Government who resided 
outside the country.
    Citizens may emigrate. The Government prohibited dual citizenship; 
however, only children who held other citizenship by virtue of birth 
abroad were permitted to leave the country using noncitizen passports. 
A 2005 citizenship law allows certain long term residents and other 
foreigners to obtain citizenship.
    The Government continued to impose travel bans on some reformers. 
Authorities sometimes confiscated passports of suspected opposition 
members and their families. In addition the Government revoked the 
rights of some citizens to travel outside the country for political 
reasons without notifying the individual or providing opportunities to 
contest the restriction.
    In December authorities stopped previously detained blogger Fouad 
al-Farhan in the Jeddah airport and prevented him from leaving the 
country to speak at the third annual Arab Free Press Forum.
    Authorities have banned Abdulrahman al-Lahem, the lawyer for the 
female victim in the 2006 Qatif rape, from travel abroad since 2004. 
During the year the Government prevented him from traveling abroad to 
receive two prestigious human rights awards. The travel ban was 
scheduled to expire in March 2009. In November 2007 authorities 
suspended and confiscated his license to practice because of his 
attempts to publicize the rape case. His license was reinstated during 
the year.
    The NSHR reported in 2007 that some Shia activist writers and 
public figures have been stripped of their identity cards for as long 
as 15 years and denied any document proving their nationality because 
they had allegedly illegally acquired national identity. Some in this 
group had papers proving they had been serving in government posts for 
long periods. Others had their identity cards taken away.

    Protection of Refugees.--The Basic 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 claimed to provide protection 
against refoulement, the forced return of persons to a country where 
there is reason to believe they feared persecution. The Basic Law 
provides that ``the state will grant political asylum, if so required 
by the public interest.''
    The Government provided temporary protection to individuals who may 
not qualify as refugees under the 1951 convention and the 1967 
protocol. Government policy is not to grant refugee status to persons 
who are in the country illegally, or who have overstayed a pilgrimage 
visa.
    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 UNHCR Representative Office to the Gulf Cooperation Council 
(GCC) countries reported that as of July, 57 Iraqi refugees remained in 
the country. The Rafa refugee camp was closed last year. According to a 
representative of the UNHCR, since 1991 the UNHCR has facilitated the 
resettlement of more than 25,000 Iraqi refugees to third countries.
    During the year the UNHCR did not find any evidence of forcible 
repatriation. In September there were three cases in which Chinese 
Muslim Uighurs awaiting resettlement were threatened with possible 
deportation.

    Stateless Persons.--UNHCR unofficially estimated that there were 
70,000 stateless persons in the country, almost all of whom were 
native-born Arab residents known as Bidoon. As noncitizens, Bidoon were 
unable to obtain passports and had limited ability to travel abroad. 
During the year, the MOI, the NSHR, and the HRC for the first time 
announced their intent to study the Bidoon issue.
    Bidoon include those whose ancestors failed to obtain nationality, 
such as descendants of nomadic tribes who were not counted among the 
native tribes during the reign of the country's founder, King 
Abdulaziz; descendants of foreign born fathers who arrived before 
citizenship was institutionalized; and rural migrants whose parents 
failed to register their births. Bidoon were denied employment and 
educational opportunities because of their lack of citizenship. Bidoon 
were among the poorest residents of the country due to their 
marginalized status. The Ministry of Education took steps to admit 
Bidoon children to school. The Government issued resident permits to 
Bidoon for 5-year periods.
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 Basic Law states that the Government is established on 
the principle of shura (consultation) and requires the King and crown 
prince to hold majlis meetings, open door events where in theory any 
male citizen or foreign national may express an opinion or a grievance. 
A prince or other important national or local official can also hold a 
majlis. The Basic Law states that all individuals have the right to 
communicate with public authorities on any issue. The Government 
interpreted this as a right to be exercised within traditional 
nonpublic means, not through the use of mass media.

    Elections and Political Participation.--Under the family monarchy 
system enshrined in the Basic Law, only a few members of the ruling 
family have a voice in the choice of leaders, in the composition of the 
Government, or in changing the political system. In 2006 the King 
issued a new succession law that amended the 1992 Basic Law and 
formalized the process by creating the Allegiance Commission that will 
select a King and crown prince upon the death or incapacitation of 
either. The Allegiance Commission is composed of all living sons and, 
for sons who are deceased, some grandsons of Abdulaziz bin Abd Al 
Rahman Al-Saud, the founder of the modern kingdom. This commission 
expands the role of the ruling family in the selection process.
    The King serves as prime minister and his crown prince serves as 
deputy prime minister. The King appoints all other ministers, who 
appoint subordinate officials with cabinet concurrence.
    Only male, nonmilitary citizens at least 21 years of age were 
eligible to vote in the nationwide 2005 elections for 592 seats on 178 
municipal advisory councils (half the total seats). There were no 
independent election observers. Unofficial estimates were that between 
10 and 15 percent of eligible voters actually voted. The King completed 
the formation of the councils in 2005 by appointing 592 men to fill the 
other half of the council seats.
    The 1992 Basic Law also created the Consultative Council that 
reviews, votes on, and provides recommendations to the King on some 
legislation proposed by the ministries. The Consultative Council 
consists of 150 male members appointed to four-year terms in 2005 and 
is divided into 11 committees. The council has authority to initiate 
its own legislation, which is sent to the King for approval. The 
Government generally accepted the council's proposed amendments. The 
council held hearings with some government officials to review the 
performance of their ministries; all government ministers, including 
senior princes, were required to submit to hearings. Some but not all 
of the hearings were televised after the fact. The council has the 
power to request documents from government ministries. It has indirect 
and limited budget authority in that it must approve the spending 
priorities of different ministries. The council effectively blocked the 
imposition of new taxes.
    The Supreme Ulema Council is another advisory body to the King and 
the cabinet. It reviews the Government's public policies for compliance 
with Shari'a. The council is an important source of religious 
legitimacy for the Government and royal family and the Government 
generally responded to the Ulema's opinions on legislation and policy.
    Communication between citizens and the Government traditionally has 
been expressed through client patron relationships and by affinity 
groups such as tribes, families, and professional hierarchies. 
Ministers and district governors could be approached for discussion at 
their weekly open forum.
    It was not legal to form political parties. The Green Party was the 
only political party that operated, and it did so illegally. In 2006 
the Paris based group Saudi Democratic Opposition Front (SDOF) 
announced its formation and called for the peaceful overthrow of the 
monarchy. During the year the SDOF was not publicly active.
    During the year and since 1992, various groups, including women and 
Shia, have submitted petitions calling for political reform. Women were 
not permitted to vote and did not sit in the cabinet or as judges. 
However, the Government allowed women to run for positions on the board 
of the Riyadh Chamber of Commerce and Industry, although none were 
elected. In 2007 two women were elected to the board of the JCCI. There 
were no women in the 150-member Consultative Council, in the cabinet, 
or on the Supreme Judicial Council. In 2006 the Consultative Council 
appointed six women as part time advisors on family and women's issues.
    There were no religious minorities in the cabinet. Only three of 
the 150-member Consultative Council and some judges were Shia, although 
no laws prevent the participation of religious minorities in the 
Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption by employees. Employees who accept 
bribes face 10 years in prison or fines of as much as one million 
riyals (approximately $267,000). However, corruption remained a problem 
and there was widespread public perception of corruption on the part of 
some members of the royal family and the executive branch of the 
Government. The absence of transparency in government accounts and in 
decision-making encouraged this perception. Public officials were not 
subject to financial disclosure laws, and there were no laws providing 
public access to government information, including ministerial budgets. 
However, in contrast to previous years, information concerning specific 
instances of corruption, allegations regarding corruption, and 
government actions against corruption was publicly available within the 
country. The Consultative Council called ministers before it for 
questioning in exercise of its oversight responsibility.
    The Prosecution and Investigation Commission, an independent body 
reporting to the Council of Ministers, investigated cases of corruption 
against public service officials. The commission considered 12,466 
cases involving public service officials and agencies during the first 
half of the year. The commission identified instances of forgery, 
bribery, and public mistreatment, among others. During that same 
period, the Court of Grievances delivered 2,695 verdicts on criminal 
(1,368) and disciplinary cases against public officials and agencies.
    On August 14, the Saudi Gazette reported that Minister of Health 
Hamed Al-Mane revealed an attempt by a private company to bribe a 
ministry employee. The employee reported the bribery attempt; 
authorities arrested the company representative and financially 
penalized the company.
    On October 8, Arab News requested an investigation on corruption 
involving contracts for major road work, highlighting a project 
originally contracted for 698 million riyals (approximately $186.1 
million) that was subcontracted multiple times and ultimately performed 
for 18.2 million riyals ($4.9 million).
    In November a court in Taif ruled against 26 individuals, including 
24 civil servants, accused of accepting bribes of approximately 100,000 
riyals ($27,000).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Government actions to protect human rights are guided by its 
interpretation of Shari'a. According to Article 26 of the Basic Law, 
``The State shall protect human rights in accordance with the Islamic 
Shari'a.''
    Two MOI-licensed domestic human rights institutions--the 
Governmental HRC, founded in 2005, and the government-funded NSHR--
operated in a restricted ambit and were reliant on government support. 
The one nonlicensed human rights group, HRFS, operated without legal 
status. In September 2007, according to HRW, a group of citizens 
presented a second request, following an initial one in 2003, to the 
minister of social affairs to register the ``National Saudi Committee 
of Human Rights.'' There is no information on a government response.
    The NSHR continued to receive requests for assistance and 
complaints about the Government. Most of its members are academics, and 
two of its former members are ministers. Ten of its 41 members were 
women. The NSHR maintained offices in Jeddah, Dammam, Riyadh, and 
Jizan. The NSHR attempted to resolve cases by working with government 
agencies. The NSHR developed a booklet titled ``Get to Know Your 
Rights,'' which was available in multiple languages. The booklet 
informs those accused of crimes of their rights under the law with 
respect to arrest, investigation, search, and trial. The Government 
funded NSHR and accepted the group's advice and opinion but did not 
always act on its recommendations.
    On September 3, the HRC announced the opening of a women's branch 
in Riyadh to look into human rights violations involving women and 
children. In October the HRC reported that the branch had handled 52 
domestic violence cases. On September 9, the Arab News reported that 
the HRC handled more than 10,000 complaints in its first three years in 
existence.
    During the year the HRC facilitated a visit by HRW to examine the 
conditions of expatriate laborers. HRW published a report of its 
findings critical of the country. HRW and AI on various occasions 
criticized the Government and called on it to halt scheduled executions 
or highlighting the arrest and detention of activists. The Government 
generally viewed international NGOs with suspicion. In October HRW 
formally requested permission to visit the country to observe trials of 
terror suspects; the request had not been granted by year's end.
    From February 3 to 13, Yakin Erturk, the UN Special Rapporteur on 
Violence against Women, its Causes and Consequences, visited the 
country. Requests to visit the country by five different UN human 
rights special rapporteurs or working groups dating from 2005 remained 
unanswered at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race but not nationality. 
Nevertheless, there were reports of racial discrimination against 
persons of non-Arab descent, especially persons of African descent. The 
prevailing interpretation of Shari'a institutionalizes discrimination 
based on gender, witnessed in application of inheritance and divorce 
laws and legal process, as well as in restricted educational and 
socioeconomic opportunities for women. The Government and private 
organizations cooperated in providing services for persons with 
disabilities; however, there is no legislation mandating public access. 
The Shia minority continued to suffer social, legal, economic, and 
political discrimination.

    Women.--Discrimination against women was a significant problem. For 
example, UN special representative Yakin Erturk, while acknowledging 
progress in the status of women, and particulary women's access to 
education, noted the lack of women's autonomy, freedom of movement, and 
economic independence; discriminatory practices surrounding divorce and 
child custody; the absence of a law criminalizing violence against 
women; and difficulties preventing many women from escaping abusive 
environments.
    Shari'a prohibits abuse and violence against all innocent persons, 
including women. Shari'a also criminalizes rape, an act punishable by 
death, although this punishment did not extend to spousal rape. 
Statistics on incidents of rape and convictions were not available, but 
some cases were publicly known. For example, on April 20, Arab News 
reported the Government executed two soldiers for the rape of a 20-
year-old noncitizen woman. On October 14, as reported by the Saudi 
Press Agency, authorities executed a citizen in Qassim for theft and 
rape under the influence of alcohol.
    Cases of rape were difficult to document in view of the associated 
social stigma against the victims; however, available information 
indicated that rape against women and boys and domestic violence 
against women remained serious problems. The majority of rape cases are 
not reported because victims face societal reprisal, often being deemed 
unfit for marriage or even punished as a result of having been raped.
    There were no laws specifically outlawing domestic violence, and 
the number of cases was difficult to determine due to taboos about 
public reporting. In 2007 the NSHR reported that women continued to 
suffer largely unreported abuse at the hands of their husbands, 
fathers, and brothers. Violence against women was widely tolerated. 
Abusers were rarely prosecuted, and investigations were rarely carried 
out for complaints of violent attacks, rapes, murders, or suicides of 
women. Women who reported rape faced imprisonment and accusations of 
adultery.
    In July 2007, in response to the lack of services for victims of 
domestic violence, the King issued a royal decree establishing the 
National Family Safety program. In September the Committee of Social 
Protection, a new organization consisting of various government 
departments, launched a program to inform health workers about domestic 
violence and child abuse. During the year the HRC fielded complaints of 
domestic abuse and facilitated their resolution by referring them to 
other government offices. In 2007 media reports highlighted the lack of 
effectiveness by public institutions in responding to domestic 
violence. Public institutions, including the Ministry of Social 
Affairs, HRC, and NSHR, continued to receive reports of domestic 
violence. Reports indicated improvement in responsiveness to claims 
from the public. Media reports on the problem decreased during the 
year.
    According to a study by HRW, there were approximately 1.5 million 
foreign domestic workers in the country, most of whom were women. No 
statistics were available on the frequency of domestic worker abuse; 
however, foreign NGOs and the English language press frequently 
reported cases. On June 12, the Saudi Gazette reported an Indonesian 
domestic worker was admitted to a Dammam hospital with signs of 
physical abuse and died shortly after being admitted. On June 27, Arab 
News reported a domestic worker was gang-raped by four men, including 
her employer, and left at the gate of her country's embassy. On July 
27, Arab News reported a domestic worker had taken shelter at her 
country's embassy after she was abducted and gang-raped. On August 8, a 
Nepali woman sought help from her embassy and claimed rape and physical 
abuse by her sponsor.
    The English language press published several editorials calling 
attention to problems relating to domestic workers' rights. Embassy 
representatives from origin countries stated that cases of foreign 
domestic worker abuse were increasing, but added that these represented 
the minority of experiences among their nationals in the Kingdom. NSHR 
submitted proposed changes to the sponsorship system that would 
redefine the relationship between employee and sponsor, with the intent 
of decreasing abuse; the Government had not acted on these 
recommendations by year's end.
    More than 500 domestic workers sought shelter at their respective 
embassies as a result of sexual abuse or other violence. Foreign 
embassies received many reports that employers abused foreign women 
working as domestic servants. Some embassies from countries with large 
domestic servant populations maintained safe houses for citizens 
fleeing work situations that included forced confinement, withholding 
of food, nonpayment of salaries, beating, physical abuse, or rape. In 
one case an employer accused a recruiting agency of beating domestic 
workers. The media and diplomatic missions of sending countries accused 
employers of committing many abuses against domestic workers, such as 
forced confinement, withholding of food, nonpayment of salaries, and 
beatings.
    During the year reports of domestic worker abuse increased. 
According to the Arab News, the Indonesian Embassy reported 102 
complaints of sexual assault and 156 cases of physical torture 
involving its citizens in the first half of the year. The Sri Lanka 
Bureau of Foreign Employment reportedly decided to curb the number of 
Sri Lankan domestic workers coming to the region, citing increased 
cases of abuse. An estimated 500,000 Sri Lankan domestic workers live 
in the Kingdom. On September 11, the Saudi Gazette reported that the 
Government of the Philippines is considering increasing the minimum age 
requirement for Philippine domestic workers in the country to reduce 
exposure to abuse. A public awareness campaign called ``Don't Deprive 
Me of My Humanity,'' launched by a television station in Qatar and 
broadcast in the country, highlighted abuse of domestic workers through 
graphic imagery and sparked national debate on the subject.
    Prostitution is illegal. However, some women (and men), primarily 
noncitizens, reportedly engaged in prostitution. The extent of 
prostitution was unknown. Trafficking of women and children for 
commercial sexual exploitation was reported.
    Law and custom discriminated against women. Women--particularly in 
villages and rural areas--continued to face discrimination and remained 
uninformed of their rights under Shari'a. Although they have the right 
to own property and are entitled to financial support from husbands or 
male relatives, women have few political or social rights and were not 
treated as equal members of society. In accordance with the religious 
establishment's interpretation of Shari'a, women were prohibited from 
marrying non Muslims, but men were permitted to marry Christians and 
Jews. Women may not marry noncitizens without government permission; 
men must obtain government permission to marry noncitizen women from 
outside the six states of the GCC.
    There were no legally recognized human rights groups focusing 
specifically on women's rights. NSHR addressed various women's rights 
issues. HRC opened a women's branch in Riyadh to look into human rights 
violations against women and children. Human rights activists reported 
there was more progress in women's rights than in other human rights 
areas.
    Women were restricted in their use of public facilities when men 
were present and sat in designated sections. Women risked arrest by 
religious police for riding in a vehicle driven by a male who was not 
an employee or a close male relative.
    In public a woman must wear an abaya (a black garment that covers 
the entire body) and also cover her head and hair. The religious police 
generally expected Muslim women to cover their faces and non Muslim 
women from other Asian and African countries to comply more fully with 
local customs of dress than non Muslim Western women.
    Women were also subject to discrimination under Shari'a as 
interpreted by the Government. While Shari'a provides women with a 
basis to own and dispose of property independently, women were often 
constrained from asserting such rights because of legal and societal 
barriers, especially regarding employment and freedom of movement. In a 
Shari'a court, the testimony of one man equals that of two women, and 
Shari'a stipulates that daughters receive half the inheritance awarded 
to their brothers.
    Divorce laws also discriminated against women. Women had to 
demonstrate legally specified grounds for divorce, but men could 
divorce without giving cause. In doing so men were required to pay 
immediately an amount of money agreed upon at the time of the marriage 
that serves as a one time alimony payment. Women who demonstrate legal 
grounds for divorce also were entitled to this alimony. Under the 
country's interpretation of Shari'a, husbands who ``verbally'' divorce 
their wives, or refuse to sign final divorce papers, leave their wives 
in legal limbo, unable to travel, obtain a business license, attend a 
university or college, or seek hospital care. If she is divorced or 
widowed, a Muslim woman normally may keep her children until they 
attain a specified age: seven years for boys and nine years for girls. 
Courts awarded custody of older children to the divorced husband or the 
deceased husband's family. Numerous divorced foreign women continued to 
be prevented by their former husbands from visiting their children 
after divorce.
    Women had access to free but segregated education through the 
university level. They constituted more than 58 percent of all 
university students but could not study some subjects such as 
architecture or civil engineering. Women's participation increased in 
vocational training, with course offerings in information technology, 
finance and accounting, and fields that promoted development of small 
business, such as graphics, Web design, food manufacturing and fashion. 
On October 15, Arab News reported that under the King Abdullah Foreign 
Scholarship program, 2,858 of 4,779 students selected for master's 
degree scholarships were women. Of the 127 students selected for 
doctoral degree scholarships, 86 were women. Men may study overseas; 
the law provides that a woman may do so only if accompanied by a spouse 
or male guardian or the family provides written permission. The 
Government paid the costs for a male guardian (or in some cases an 
older female guardian) to accompany female students on scholarships.
    Most employment opportunities for women were in education and 
health care. Despite limited educational opportunities in many 
professional fields, some female citizens were able to study abroad and 
returned to work in architecture, journalism, banking, and photography. 
During the year women were allowed to study law for the first time. In 
October King Abdullah launched construction of the country's first 
women-only university.
    Women who wished to enter nontraditional fields were subject to 
discrimination. Women may not accept jobs in rural areas if there are 
no adult male relatives present with whom they may reside and who agree 
to take responsibility for them. Most workplaces in which women were 
present were segregated by gender. Frequently, contact with a male 
supervisor or client was allowed only by video conference, telephone, 
or fax machine. The degree of segregation varied by region, and the 
central region had the most restrictions. Despite gender segregation, 
the law provides women the right to obtain business licenses for work 
in fields that might require them to supervise foreign workers, 
interact with male clients, or deal on a regular basis with government 
officials.
    Businesswomen were constrained by the concept of guardianship, 
which required a male guardian to give permission before a woman could 
own or operate a business. However, home-based and women-only 
businesses increased, with government support. According to a study by 
the JCCI, 78 percent of women were unemployed, although 45 percent of 
respondents saw no hurdles that prevented their participation in the 
job market.
    In medical settings and in the energy industry, women and men 
worked together, and in some instances women supervised male employees. 
Women have the right to maternity leave and child care in 
establishments with 50 or more female employees.
    Sexual harassment as a social phenomenon was reported in the Arabic 
language press, but its extent was difficult to measure. The 
Government's interpretation of Shari'a currently guides courts on cases 
of sexual harassment, which are seldom reported. Many workplaces 
maintained separate male and female work spaces.

    Children.--The Government acted to protect children, and society 
generally considered protection of children a human rights priority. 
The Government provided all citizen children with free education and 
medical care, but these benefits did not extend to noncitizen children. 
Children were segregated by gender in public and government-sponsored 
schools, usually beginning at the age of seven; however, schools were 
integrated through the fourth grade, or around the ages of 10 and 11, 
in some areas.
    Abuse of children occurred, although it was difficult to gauge its 
prevalence since the Government kept no national statistics on child 
abuse. The Committee for Social Protection initiated a campaign to 
train health workers to identify signs of abuse. At least three NGOs--
one in Riyadh, one in Qasim, and one in Jeddah--ran shelters for women 
and children.
    The press reported a number of cases of child marriage involving 
young female children wed to young male children or to much older 
males, both by arranged marriage and without the participants' consent. 
Several cases were challenged in court. On August 18, the Saudi Gazette 
reported a court in Bisha granted the divorce of a 14-year-old girl and 
a 70-year-old man. On August 29, the Saudi Gazette reported a court 
would hear the divorce cases of two minor females, ages 16 and 11, both 
married to men older than 70. In December a judge refused to annul the 
marriage of an 8-year-old girl to a man in his 50s in a case that drew 
international media attention. The girl's father arranged the marriage 
to help settle his debts with a close friend. These cases led the 
public, the media, and local human rights organizations to call for an 
end to child marriages. The HRC called upon the MOJ to establish a 
minimum age for marriage, highlighting that the country is a signatory 
to the 1996 Convention on the Rights of the Child. In November the 
Consultative Council recommended that the King raise the legal age of 
adulthood from 15 to 18.
    In contrast to previous years, there were no reports of sexual 
exploitation of foreign children brought to the country during the 
Hajj.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking in persons. The labor law penalizes some types of forced 
labor but limits penalties to fines and bans on future hiring of the 
trafficked person. The labor laws do not apply to domestic servants, 
the largest group of forced labor victims in the country. There is no 
law specifically prohibiting trafficking for commercial sexual 
exploitation. The Government did not demonstrate efforts to criminalize 
trafficking as a distinct crime during the year. There have been some 
cases of assault against foreign workers resulting in physical injuries 
or death and reports of widespread worker abuse. The Government 
reported no criminal investigations, prosecutions, convictions, or 
sentences for trafficking offenses, and there were no penalties 
prescribed for particular offenses. The Government does not enforce 
fines or bans on hiring workers imposed upon abusive employers or 
recruitment agencies, and police were criticized for being unresponsive 
to requests for help from foreign workers. The Government on rare 
occasions imposed small fines or bans on importing foreign labor to 
individuals or companies found culpable in nonpayment of employees.
    The country was a destination for large numbers of workers from 
Bangladesh, India, Sri Lanka, Egypt, Yemen, Pakistan, the Philippines, 
and Indonesia and for smaller numbers of workers from many other Middle 
Eastern, Asian and African countries. The hiring of African laborers, 
particularly as domestic servants, increased due to a decrease of Asian 
and Southeast Asian domestic workers. Some foreign workers were 
subjected to conditions that constituted involuntary servitude, 
including nonpayment of wages, debt bondage, withholding of passports, 
confinement, and forced 18-hour days with no days off. Domestic 
employees were especially vulnerable to trafficking into forced labor, 
in part due to deceptive hiring practices. The widespread practice of 
the employer holding passports and requiring the permission of the 
employer to secure an exit visa greatly increased the risk of 
trafficking, particularly for domestic workers. The Saudi Gazette 
reported on August 23 that the number of illegal maids in the country 
increased by 40 percent during the year. Many domestic workers leave 
their original employer to flee abuse or seek higher wages. Women from 
Yemen, Morocco, Pakistan, Nigeria, Ethiopia, Tajikistan, and Thailand 
were also trafficked to the country for commercial sexual exploitation, 
although no statistics indicate the prevalence of this practice. Others 
were reportedly kidnapped and forced into prostitution after running 
away from abusive employers. The country is a destination for children 
from Niger, Yemen, Pakistan, Afghanistan, Chad, and Sudan, with victims 
often trafficked for forced labor as beggars and street vendors. Many 
of these individuals were trafficked across the border with Yemen. The 
MOI addressed the problem of children forced into begging by conducting 
raids to return trafficked children to their home countries.
    The embassies of Sri Lanka, Indonesia, and the Philippines 
maintained unofficial (unlicensed) safe houses in Riyadh for their 
citizens who were victims of trafficking. The consulates of these 
countries maintained safe houses in Jeddah. In August the Sri Lankan 
Consulate in Jeddah reported there were five people staying in the 
consulate's safe house, which can hold a maximum of 25-30 people. An 
estimated 1 percent of cases the Sri Lankan Consulate received involved 
abuse by employers; the consulate estimates another 1 percent of Sri 
Lankan domestic workers were trapped against their will by their 
employers and could not reach the consulate. Approximately 500,000 Sri 
Lankans work in the country. In August the Philippines Consulate in 
Jeddah reported 46 women were staying at the consulate safe house.
    The Government provided trafficking awareness and technical 
training for officials in the justice community, including prosecutors, 
investigators, and judges. However, it is not clear how many officials 
participated in this training. Due to a lack of victim identification 
procedures in deportation centers and police stations, many victims of 
trafficking reportedly were arrested and deported rather than being 
afforded protection services. Some victims were protected at one of 
three shelters the Ministry of Social Affairs operated in Riyadh, 
Dammam, and Jeddah. Trafficking victims who needed medical care were 
treated at public hospitals. Others feared arrest or deportation due to 
their status as runaways (technically, it is illegal for a foreign 
employee to run away from a legal sponsor in the country) or as 
prostitutes; as such, most victims fled directly to their respective 
embassies to await repatriation rather than approaching the Government. 
The Government assisted some domestic worker trafficking victims with 
shelter, access to legal and medical services, and temporary residency 
status, including temporary relief from deportation. The Government did 
not provide information about whether protection services were afforded 
to victims of commercial sexual exploitation.
    There were no reports of government or police involvement in 
trafficking during the year.
    The Government distributed a brochure outlining noncitizen workers' 
rights and obligations, as well as contact information for seeking 
assistance. The brochure is distributed to foreign embassies and is 
available at ports of entry.
    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. A 2000 royal decree 
provides prevention, welfare and habilitation services to persons with 
disabilities and their families, and encourages institutions and 
individuals to contribute to charitable activities within the field of 
disability. There is no legislation that mandates public accessibility; 
however, newer commercial buildings often included such access, as did 
some newer government buildings. The provision of government social 
services increasingly brought persons with disabilities into the public 
mainstream. The law provides hiring quotas for persons with 
disabilities, but information regarding whether employers met these 
quotas was not available. The Government and private charitable 
organizations cooperated in education, employment, and other services 
for persons with disabilities.
    Foreign criminal rings reportedly imported children with 
disabilities for the purpose of forced begging. According to the 
Ministry of Social Affairs, there were numerous government sponsored 
centers for persons with disabilities, including organizations for 
children with Down syndrome and autism.
    On July 3, the JCCI held an entertainment festival for persons with 
disabilities. The festival aimed to encourage local businesses to hire 
persons with disabilities.

    National/Racial/Ethnic Minorities.--Although racial discrimination 
is illegal, there was substantial societal prejudice based on ethnic or 
national origin. Foreign workers from Africa and Asia were subject to 
various forms of formal and informal discrimination and had the most 
difficulty in obtaining justice for their grievances.
    During the year there were fewer media reports of married couples 
whom family members forced to divorce because either the husband or 
wife was from ``inappropriate lineage,'' i.e., a nontribal family or an 
``inferior'' tribe. In January an appeals court in Riyadh upheld the 
forced divorce of Fatima al-Timani and her husband. Al-Timani's half-
brothers successfully filed for their divorce on the grounds that the 
husband had lied about his tribal lineage.

    Other Societal Abuses and Discrimination.--Under Shari'a as 
interpreted in the country, sexual activity between two persons of the 
same gender is punishable by death or flogging. It is illegal for men 
``to behave like women'' or wear women's clothes and for women to wear 
men's clothes. There were reports of societal discrimination, physical 
violence, and harassment based on sexual orientation.
    In June the Saudi Gazette reported that the Court of Cassation 
declined to endorse an ``excessive'' court sentence of a man convicted 
by a lower court of ``trying to be a woman'' by wearing makeup and 
women's clothes. The lower court sentenced the man to 10 years' 
imprisonment and 1,500 lashes. No further information on the sentence 
status was available.
    According to media reports, in late July police arrested 55 people 
at a ``gay party'' on a farm near Qatif. Also in July, police arrested 
a group of persons at a pool hall in Jeddah for ``practicing 
homosexuality.'' At year's end there were no reports of outcomes in 
either case.
    In October 2007 a court in al-Baha Province sentenced two men to 
7,000 lashes each for engaging in sexual intercourse with other men. 
According to AI, the two men have reportedly received part of their 
sentence.
    There was no overt discrimination against persons with HIV/AIDS, 
although the disease is treated as a social taboo. Press reports 
indicated the disease was found in noncitizens. By law foreign workers 
were required to provide a health certification proving they did not 
have HIV/AIDS before entering the country.

    Incitement to Acts of Discrimination.--In 2007 the Government 
reported that the 2006 multi year project to revise textbooks, 
curricula, and teaching methods to promote tolerance and remove content 
disparaging religions other than Islam was under way. Despite revisions 
to elementary and secondary textbooks, the books still retained some 
language that was intolerant of other religious traditions, especially 
Jewish, Christian, and Shia beliefs.
Section 6. Worker Rights
    a. The Right of Association.--The labor code does not allow workers 
to form and join independent unions of their choice; however, the 
Government allowed a few citizen-only labor committees to operate with 
heavy limitations on the right of association. Several small strikes 
occurred during the reporting period, with workers immediately arrested 
and/or deported.
    The labor code makes no provision for workers legally to strike.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is not protected by law and was not practiced.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--Although labor laws 
do not specifically address all forms of forced or compulsory labor, 
they outlaw slavery. Labor laws also establish rules for voluntary 
working conditions and pay, including by children, and thus implicitly 
prohibit forced labor; however, many foreign workers were nevertheless 
subjected to abusive conditions that constituted involuntary servitude 
or forced labor, including nonpayment of wages for months and years, 
debt bondage, confinement, confiscation of travel and identity 
documents, long hours without days off, contract switching, 
intimidation, and physical abuse.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor occurred in the country, with child begging among poor 
citizens and trafficked foreigners the most common form. Children from 
other countries, primarily Yemen, were forced into child begging rings, 
street vending, and possibly family businesses. There were reports of 
foreign domestic workers younger than 18, some of whom traveled to the 
country with forged documents.
    No person younger than 15 may be legally employed unless he is the 
only family worker. There is no minimum age for workers employed in 
family owned businesses or in other areas considered extensions of the 
household, such as farming, herding, and domestic service. Children 
younger than 18 may not be employed in hazardous or harmful industries, 
such as mining or industries employing power operated machinery, and 
there is no evidence that this occurred.
    A study commissioned by the King Abdul Aziz City for Science and 
Technology found that child labor was a growing phenomenon. According 
to the study, 1.54 percent of children work, including 2.3 percent in 
Eastern Province. A separate study reported by Arab News found that 
nearly 69 percent of child beggars in Riyadh are citizen children. On 
October 13, Okaz reported the result of a study by the King Abdullah 
Institute for Research and Studies indicating there are more than 
83,000 children working on the streets in the country.
    The MOJ has jurisdiction and has acted as plaintiff in the few 
cases that have arisen against alleged violators. The Social Affairs 
Ministry maintained special offices in Mecca and Medina to combat the 
growing problem of child beggars.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage for workers; however, the unofficial private sector minimum wage 
for citizens was 1,500 riyals (approximately $400) per month, based on 
the minimum monthly contribution to the pension system, and this 
appeared to provide a decent standard of living for a citizen worker 
and family. Individual contracts also set wages that varied according 
to the type of work performed and the nationality of the worker, with 
low and unskilled expatriate workers generally receiving lower wages 
than citizens. Foreign workers comprise approximately 88 percent of the 
workforce in the private sector.
    Labor regulations establish a 48 hour work week at regular pay and 
allow employers to require up to 12 additional hours of overtime at 
time and a half pay. The law also provides for a 24 hour rest period, 
normally on Fridays, although the employer may grant it on another day. 
However, there were credible reports that female domestic servants were 
sometimes forced to work 16 to 20 hours per day, seven days per week, 
with little or no pay. Such reports are more common during the month of 
Ramadan, when citizens commonly eat and socialize at night.
    Many foreign workers were subjected to abusive conditions, 
including nonpayment of wages for periods of time ranging from several 
months to more than a year, debt bondage, confinement, confiscation of 
travel and identity documents, long hours without days off, contract 
switching, intimidation, and physical abuse; however, the Ministry of 
Labor's department for protection of foreign workers addressed some 
cases of abuse and exploitation. Foreign workers were able to submit 
complaints and seek help from the 37 Labor Ministry offices throughout 
the country, although responsiveness was an issue. The ministry 
occasionally banned individuals and companies who mistreated foreign 
workers from sponsoring such workers for five years. Employers with 
repeated violations were banned indefinitely.
    Foreign workers in occupations other than household work could also 
turn to labor courts to resolve labor disputes. These courts regularly 
ruled in favor of workers; due to red tape and lack of capacity, they 
sometimes took many months to reach a final ruling. Because labor laws 
do not apply to foreign domestic servants, the servants may not seek 
the protection of labor courts, although there were reports that some 
domestic workers pleaded their cases before a judge.
    Bilateral labor agreements stipulate work conditions for workers 
from some countries, although enforcement was sometimes a problem.
    Labor regulations require employers to protect some workers from 
job related hazards and disease, although violations occurred. These 
regulations did not cover farmers, herdsmen, domestic servants, and 
workers in family operated businesses. Foreign nationals reported 
frequent failures to enforce health and safety standards. Many foreign 
workers were not able to exercise their right to remove themselves from 
dangerous situations. This was particularly true for domestic workers, 
who were occasionally locked inside the home or threatened with 
nonpayment if they left their employer.

                               __________

                                 SYRIA

    Syria, with a population of approximately 19 million, is a republic 
under the authoritarian Presidential regime of Bashar al-Asad. The 
President makes key decisions with counsel from a small circle of 
security advisors, ministers, and senior members of the ruling Ba'ath 
Party (Arab Socialist Renaissance). The constitution mandates the 
primacy of Ba'ath party leaders in state institutions and society. 
President al-Asad and party leaders, supported by various security 
services, dominated all three branches of government. In May 2007 
President al-Asad was confirmed for another seven-year term in 
elections that were considered by international and local human rights 
advocates as neither free nor fair. Civilian authorities maintained 
effective control of the security forces, and members of the security 
forces committed numerous, serious human rights abuses.
    The Government's respect for human rights worsened, and it 
continued to commit serious abuses. The Government systematically 
repressed citizens' abilities to change their government. In a climate 
of impunity, there were instances of arbitrary or unlawful deprivation 
of life. Members of the security forces tortured and physically abused 
prisoners and detainees. Security forces arrested and detained 
individuals without providing just cause, and lengthy pretrial and 
incommunicado detention remained a serious problem. Considered common 
practice since 2006, the Government violated citizens' privacy rights 
and imposed significant restrictions on freedoms of speech, press, 
assembly, and association, amid an atmosphere of government corruption. 
Security services disrupted meetings of human rights organizations and 
detained activists, organizers, and other regime critics without due 
process. In addition, 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 bringing together a range of reform-minded 
opposition groups. Violence and societal discrimination against women 
continued. The influx of Iraqi refugees, moreover, exacerbated the 
incidence of sexual exploitation, including of minors. The Government 
discriminated against minorities, particularly the Kurds and the 
Ahvazis, and severely restricted 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.--During the year 
there were reports of arbitrary or unlawful deprivation of life.
    On March 20, according to Human Rights Watch (HRW), security forces 
fired into a crowd of Kurds celebrating the New Year holiday (Nowruz) 
in Qamishli. The attack killed Muhammad Yahya Khalil, Muhammad Zaki, 
and Muhammad Mahmoud Hussein, all between the ages of 18 and 25. The 
three men were among approximately 200 celebrants gathered around a 
bonfire in the middle of a street. After firefighters and security 
forces failed to disperse the crowd with bullets and tear gas, 
individuals in civilian dress drove by in a truck and fired assault 
rifles at the group.
    On July 5, prison guards and military officials fired on rioting 
inmates at Sednaya prison, reportedly killing between 25-50 inmates. 
According to HRW, military police officers triggered the riot when they 
insulted inmates and stepped on copies of the Koran during an 
aggressive search of the prison. Only nine of the fatalities were 
identified by year's end: Zakariyya Affash, Muhammad Mahareesh, Mahmoud 
Abu Rashid, Abdul-Baqi Khattab, Ahmed Shalaq, Khaled Bilal, Mo'ayad al-
Ali, Muhanad al-Omar, and Khidr Alloush.
    In September, according to local human rights observers, government 
authorities arrested Ahmed Musa al-Shukaifi, a teacher from the town of 
Jarjanaaz of Maarat Al-Numan in Idlib Province, for unknown reasons. A 
week later his corpse was returned to his family. He allegedly died as 
a result of torture. At year's end there was no investigation into the 
circumstances surrounding his death.
    On October 14, a customs patrol shot and killed Sami Maatouk, the 
nephew of human rights lawyer Khalil Maatouk, and Joni Suleiman in the 
village of al-Mushrifah, near the Syria-Lebanon border, according to a 
report from a local human rights group. The report stated that the 
patrol purportedly was pursuing smugglers in the area and killed 
Maatouk while he was sitting outside his house. On October 20, 
unidentified individuals reportedly destroyed evidence at the scene to 
hamper any investigation.
    On December 27, according to local human rights observers, military 
officials stationed inside Sednaya prison killed approximately 50 
inmates. Reportedly, a military officer, in the company of a group of 
soldiers, verbally threatened to shoot inmates. The inmates took the 
threat seriously enough that they rushed the soldiers, prompting the 
soldiers to open fire.
    Authorities failed to conduct independent investigations into any 
of these deaths by year's end, except for the case of Sami Maatouk and 
Joni Suleiman, which the Government claimed it would look into. At 
year's end there was no further development in that case. Likewise, 
there were no investigations or developments in the 2007 deaths in 
detention of Fahed Mohammed Omar in June, Abdul Moez Salem in July, or 
Ghafoor Abdul-Baqi in December, all of which reportedly followed 
torture or mistreatment by security services, or the November 2007 
killing of Issa Khalil, a Qamishli resident who reportedly participated 
in a demonstration following a pro-Kurdistan Workers Party protest 
(PKK).
    At year's end the UN International Independent Investigation 
Commission had not issued a final report on the assassination of former 
Lebanese prime minister Rafiq al-Hariri and 22 other individuals. In 
March and July 2007, the chief investigator for the commission issued 
interim reports that described general satisfactory cooperation from 
Syrian authorities into the investigation, neither concluding nor 
ruling out their possible involvement.

    b. Disappearance.--There were reports of politically motivated 
disappearances during the year.
    In mid-December 2007, according to a January 18 human rights group 
report, authorities arrested Abdul Rahman Wazzan upon his arrival at 
Damascus International Airport. Wazzan, a civil engineer, had been 
living in France for the last 20 years and was en route to Aleppo to 
spend the Eid al-Adha holidays with family and to sort out legal issues 
connected to the death of his mother. At year's end the reason for his 
arrest and his whereabouts were unknown. However, according to the 
Muslim Brotherhood Web site IkhwanWeb.com, he was arrested because of 
his religious belief, presumably perceived by authorities as overly 
Islamist.
    On February 21, according to human rights organizations, Syrian 
Military Intelligence (SMI) authorities summoned Kamal al-Mwayel to 
Damascus for questioning, likely regarding his presence at a December 
2007 DDDNC meeting. He went missing after meeting with the SMI and was 
not released until September 18, according to local human rights 
observers. The Government imprisoned Al-Mwayel previously from 1982 to 
1989 for involvement with the Muslim Brotherhood.
    On March 27, unidentified authorities reportedly arrested Mustafa 
Sheikh, an orthopedic surgeon, at the hospital where he worked. The 
reason for the arrest, according to a human rights organization, may 
have been connected to his religious beliefs, which authorities 
presumably viewed as overly Islamist. However, the exact charges, the 
arresting authority, and where Sheik was incarcerated remained unknown 
at year's end.
    On July 5, during a riot at Sednaya prison, detainee Sameer al-
Bahar disappeared after he attempted to negotiate with prison officials 
on behalf of his fellow prisoners, according to a local human rights 
group. When al-Bahar met the officials and conveyed the prisoners' 
refusal to surrender, he was beaten and taken away in an armored car. 
His whereabouts remained unknown at year's end.
    On the night of July 16, according to a human rights organization, 
Mu'awiyah Ali al-Dablan, a police officer from the village Al-Taaminah 
in Hama, and his friend Bashar Aziz were arrested in al-Dablan's home. 
The reason for the arrest and the whereabouts of the two men were 
unknown at year's end.
    On October 28, a local human rights organization announced that in 
the first half of August, 10 individuals from Deir al-Zour were 
arrested by local authorities: Muhammad Ameen al-Shawa (high school 
math teacher), Burhan Juneid (shop owner), Nabeel Khleewi (arrested on 
August 13), Abdul Hadi al-Salameh (university student), Bilal Sufyan, 
the brothers Ahmed and Sufyan Dumaim, Iyad Hussein, Hassan Muhammad, 
and Muhammad Taha. According to the organization, all the men were 
``religious men of a moderate outlook,'' and none were political 
activists. The specific reasons for their arrest and whereabouts were 
unknown at year's end.
    In July, according to human rights observers, security forces 
released Egyptian citizen Amro Ahmad Mohamad Yousef, who had been 
detained since May 2007.
    There were no new developments in the 2007 disappearance of Khalid 
Muhammad Ahmed or the 2006 disappearance of Rami Ahmad Farhat.
    The Government continued to withhold information on the welfare and 
whereabouts of persons who disappeared in previous years; little was 
known other than the approximate date of their disappearance. The 
Government had a long record of allegedly ``disappearing'' individuals, 
some of whom were believed to have died while others were likely in 
long-term detention, and it did not investigate or punish any security 
force members for their role in disappearances.
    The Government continued to deny reports that security forces 
``disappeared'' an estimated 17,000 persons in the late 1970s and early 
1980s. According to HRW, the ``disappeared'' were mostly detained 
Muslim Brotherhood (MB) members and other Syrian activists, as well as 
hundreds of Lebanese and Palestinians who were detained in Syria or 
abducted from Lebanon by Syrian forces or Lebanese and Palestinian 
militias. The Lebanese nongovernmental organization (NGO) Support of 
Lebanese in Detention and Exile (SOLIDE) estimated that more than 600 
Lebanese prisoners remained in Syria. During the year various Lebanese 
news outlets quoted Lebanese Member of Parliament (MP) Fouad al-Saad as 
saying the number of missing Lebanese citizens in Syria numbered 91. On 
August 20, Lebanese Justice Minister Ibrahim Najjar stated in a 
televised interview that there were 745 Lebanese citizens missing in 
Syria, divided into two categories: convicted criminals and victims of 
``enforced disappearances.''
    A visit by Lebanon's President Michel Sleiman to Damascus in August 
produced an agreement to address detainee issues; by year's end the two 
governments had made no further progress on the issue. On September 7, 
the Syrian delegation of the joint Lebanese-Syrian commission charged 
with investigating the missing individuals presented a list of 115 
convicted Lebanese citizens held in Syrian jails; however, the Syrian 
list failed to include any of those classified as ``enforced 
disappearances.'' According to SOLIDE, at year's end the Syrian 
delegation had not formally approved the allowing of Lebanese judges to 
check on the 115 named prisoners. Various NGOs and family members of 
those who allegedly remained in prison continued to dispute the 1999 
government claim that all abductees had been released.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the penal code 
provides punishment for abusers. Under Article 28 of the constitution, 
``no one may be tortured physically or mentally or treated in a 
humiliating manner.'' However, security forces reportedly continued to 
use torture frequently.
    Local human rights organizations continued to cite numerous cases 
of security forces allegedly abusing and torturing prisoners and 
detainees and claimed that many instances of abuse went unreported. 
Individuals who suffered torture or beatings while detained refused to 
allow their names or details of their cases to be reported for fear of 
government reprisal.
    Former prisoners, detainees, and reputable local human rights 
groups reported that methods of torture and abuse included electrical 
shocks; pulling out fingernails; burning genitalia; forcing objects 
into the rectum; beating, sometimes while the victim was suspended from 
the ceiling; alternately dousing victims with freezing water and 
beating them in extremely cold rooms; hyperextending the spine; bending 
the detainees into the frame of a wheel and whipping exposed body 
parts; using a backward-bending chair to asphyxiate the victim or 
fracture the victim's spine; and stripping prisoners naked for public 
view. Throughout previous years the international NGO Amnesty 
International (AI) documented 38 types of torture and ill-treatment 
used against detainees in the country. AI reported that torture was 
most likely to occur while detainees were held at one of the many 
detention centers operated by the various security services in the 
country, particularly while authorities attempted to extract a 
confession or information. Courts systematically used ``confessions'' 
extracted under duress as evidence, and defendants' claims of torture 
were almost never investigated.
    For example, on January 9, police in Raqqa arrested Ibrahim al-
Khoja on the charge of theft, according to a human rights organization. 
While he was in jail, local police reportedly tortured al-Khoja, 
resulting in a broken leg and crushed hand. In February al-Khoja's 
lawyer, Abdullah al-Khalil, filed a lawsuit against the police. At 
year's end no progress had been made on this case.
    On January 28, according to human rights organizations, eight 
political activists who had been incarcerated at Adra prison for 
political crimes informed the third investigative judge in Damascus, 
Muhammad Subji al-Sa'ur, during a trial hearing that security officials 
had beaten them during interrogation to force them to sign confessions. 
The men testified that they were punched in the face, kicked, and 
slapped. The eight men were part of a group of 12 signatories to the 
Damascus Declaration who were jailed in late 2007 and early 2008.
    Also on January 28, according to HRW, authorities at Adra prison 
transferred 'Ali al-Abdullah, a signatory to the Damascus Declaration, 
to a medical examiner to receive treatment for an ear injury sustained 
at the hands of his interrogators. The examiner declined to issue a 
report, claiming that he was not a specialist in ear injuries.
    In September authorities detained and reportedly tortured to death 
Ahmed Musa Al-Shukaifi, according to a human rights organization. The 
reasons for al-Shukaifi's detention and torture were unknown. He was a 
teacher in Idlib Province.

    Prison and Detention Center Conditions.--Prison conditions 
generally were poor and did not meet international standards for health 
and sanitation. At some prisons security officials demanded bribes from 
family members. Overcrowding and the denial of food remained problems 
at several prisons. The Government did not permit visits by 
international human rights observers.
    According to local and international human rights organizations, 
prisoners and detainees were held without adequate medical care, and 
some prisoners with significant health problems reportedly were denied 
medical treatment. Throughout the year local and international human 
rights organizations highlighted the case of political prisoner and 
former MP Othman Haji Suleiman, who died on February 18, soon after his 
February 5 release from al-Maslamieh prison in Aleppo, where he had 
been held incommunicado since November 2007. Authorities previously 
detained Suleiman in 1995, 2002, 2005, and 2006. The November 2007 
arrest was for his alleged involvement in organizing a demonstration in 
Ein al-Arab to protest against Turkish military interventions in 
Kurdistan, Iraq. Suleiman's health reportedly deteriorated rapidly 
after he was tortured in prison.
    On January 28, security forces arrested the Damascus Declaration 
National Council Secretary General, Riad Seif, who suffered from 
prostate cancer and a heart condition. His lawyers told HRW that prison 
authorities forced Seif to sleep in the general hall of the prison with 
nothing more than a single blanket after his arrest. On October 29, the 
Damascus criminal court sentenced him to two and on.--half years in 
prison. At year's end Seif was reportedly receiving medical care and 
was moved to a cell with a bunk in Adra prison.
    On August 28, a local human rights group reported the death of 
Abdul Sattar Qattan, whom authorities had imprisoned at three different 
times for a total of 28 years. During his last period of incarceration, 
his kidneys degenerated, and he never received appropriate treatment. 
Sednaya prison officials released him in June 2007 after his illness 
became critical. Qattan attempted previously to leave the country for 
medical treatment and a transplant, but the Government banned his 
travel.
    The Government failed to provide adequate security for prisoners 
and detainees during the year, including during the July 5 and December 
27 Sednaya riots (See Section 1.a.). In past years there were reports 
of prisoners being beaten by other prisoners while guards stood by and 
watched. For example, in March 2007 criminal convict Jaber Yousef beat 
prisoner of conscience Habib Saleh while prison guards and other 
prisoners watched, according to local human rights organizations.
    There were separate detention facilities for men, women, and 
children; however, minors reportedly were sometimes held in adult 
facilities. Pretrial detainees, particularly those held for political 
or security reasons, were usually held separately from convicted 
prisoners. However, according to local human rights organizations, 
political prisoners were sometimes deliberately placed in crowded cells 
with convicted and alleged felons and subjected to verbal and physical 
threats. For example, prisoner of conscience Habib Saleh cut himself on 
a razor blade hidden in his prison bunk by a fellow inmate on October 
23, according to Reporters Without Borders. Saleh has been held in Adra 
prison since May 7.
    Some former detainees reported that the Government denied political 
prisoners access to reading materials, including the Koran. Facilities 
for political or national security prisoners, especially accused 
Islamists, were generally much worse than those for common criminals. 
Released political detainees confirmed reports of poor prison 
conditions, including overcrowded cells and a shortage of beds.
    Each branch of the four security services operated its own 
detention centers. The majority of reported torture or mistreatment 
cases occurred in these facilities, according to local human rights 
organizations.
    The Government prohibited independent monitoring of prison or 
detention center conditions and publishing of any materials on prison 
or detention center conditions; however, diplomatic and consular 
officials were granted limited access in rare cases during the year. 
During the year the Ministry of Foreign Affairs did not officially 
allow consular visits to prisons.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, in practice these activities 
persisted and remained significant problems.

    Role of the Police and Security Apparatus.--The role of the 
security services extends far beyond necessary security matters due to 
a state of emergency, which has been in place since 1963. The 
Government justified the ongoing Emergency Law on the basis of its 
conflict with Israel and threats from terrorist groups. The SMI and Air 
Force Intelligence are military agencies.
    The four major branches of security forces include the SMI, 
Political Security Directorate (PSD), General Intelligence Directorate 
(GID), and Syrian Air Force Intelligence (SAFI), all of which devote 
some of their overlapping resources to monitoring internal dissent and 
individual citizens. The four branches operate independently and 
generally outside of the control of the legal system.
    The Ministry of Interior (MOI) controls the police forces, which 
consist of four separate divisions: emergency police, traffic police, 
neighborhood police, and riot police.
    Corruption continued to be a serious problem in the police forces 
and security services. Human rights lawyers and family members of 
detainees cited solicitation of bribes for favorable decisions and 
provision of basic services by government officials throughout the 
legal process in both courts and prisons. Traffic police officers 
regularly solicited bribes from drivers.
    No mechanisms for investigations of security force abuse existed.

    Arrest and Detention.--Upon arrest an individual is brought to a 
police station for processing and detained until a trial date is set. 
At the initial court hearing, which may be months or years after the 
arrest, the accused may retain an attorney at personal expense or be 
assigned a court-appointed attorney, although lawyers were not ensured 
access to their clients before trial. The individual is then tried in a 
court, where a judge renders a verdict. While the prison code provides 
for prompt access to family members, human rights organizations and 
families reported inconsistent application of the code, with some 
families waiting as long as a year to see relatives. Civil and criminal 
defendants had the right to bail hearings and possible release from 
detention on their own recognizance. However, this right was not 
applied consistently throughout the legal system and was rarely 
available to detainees under the emergency law.
    The 1963 Emergency Law authorizes the Government to conduct 
preventive arrests and overrides constitutional and penal code 
provisions against arbitrary arrest and detention, including the need 
to obtain warrants. In cases involving political or national security 
offenses, arrests were often carried out in secret with cases assigned 
in a seemingly arbitrary manner to military, security, or criminal 
courts. Suspects were detained incommunicado for prolonged periods 
without charge or trial and denied the right to a judicial 
determination regarding pretrial detention. Unlike defendants in 
regular criminal and civil cases, security detainees did not have 
access to lawyers prior to or during questioning, as well as throughout 
the preparation and presentation of their defense. In most cases 
detainees were not informed of charges against them until their 
arraignment, which often was months after their arrest. Additionally, 
those suspected of political or national security offenses were 
arrested and prosecuted under ambiguous and broad articles of the penal 
code and subsequently tried in either the criminal or security courts.
    The Government did not notify foreign governments when their 
citizens were arrested or detained, as required under Article 36 of the 
Vienna Convention on Consular Relations, or did so only after the 
person was released or deported. For example, on November 7, Syrian 
police arrested three Jordanian men, Nidal Kayed, Ayman Hawarat, and 
Ahmad Abu Durais, for inquiring about sensitive locations. The 
Jordanian embassy was not notified, and the Syrian Prime Minister's 
Office denied that the three were in custody, according to the Jordan 
Times. Authorities eventually released the men on November 23.
    Arbitrary and false arrests were problems, and detainees had no 
legal redress. The authorities detained those critical of the 
Government under the emergency law and charged them with a wide range 
of political crimes, including treason. Continuing a trend that began 
in 2006, the Government tried some political prisoners in criminal 
courts, although the charges were security related and not covered by 
the criminal code. For example, the trial of 12 members of the DDDNC 
for their political opposition activities took place in the Damascus 
First Criminal Court on October 29. Similarly, cyber-dissident Habib 
Saleh, arrested on May 7 for his critical writings, had his initial 
defense hearing in the Damascus Second Criminal Court on December 1.
    Incommunicado detention was a severe problem. Many persons who 
disappeared in past years were believed to be in long-term detention 
without charge or possibly to have died in detention. Many detainees 
brought to trial were held incommunicado for years, and their trials 
often were marked by irregularities and lack of due process. Arrest and 
search warrants were issued only for non-security related cases; 
however, police bypassed this requirement in many instances by claiming 
security or emergency grounds for entry. Protracted court proceedings 
were caused by a shortage of available courts and the absence of legal 
provisions for a speedy trial or plea bargaining.
    On September 30, President al-Asad issued legislative decree 69. 
The new law states that in the case of a crime committed by military 
officers, members of the internal security forces, and customs police 
officers in the pursuit of their normal duties, only the General 
Command of the Army and Armed Forces can issue a warrant of arrest. The 
new decree also requires that any pending criminal cases against such 
officers be transferred from criminal to military courts.
    During the year security forces reportedly continued to arrest 
alleged Islamists. Local human rights organizations estimated that 
approximately 1,600 Islamists were arrested during the year, although 
it was unclear how many of those remained in detention at year's end.
    On January 22, intelligence services reportedly arrested 13 
Islamists in the al-Sfeerah area of Aleppo, including students Hamza 
Haaj Hamza, Hossam Qana'a, and Muhammad Moaz Qana'a, primary school 
teacher Muhammad Raheem, and pharmacist Barakaat al-Aswad. Their 
whereabouts were unknown at year's end.
    On July 11, a local human rights group reported the arrest of 
Sheikh Yusuf Omar Mobayyedh, a religious scholar known for his moderate 
views and disavowal of violence. His whereabouts were unknown at year's 
end.
    During the year the Government continued its sustained crackdown on 
civil society and human rights activists. Under the authority of laws 
that criminalize membership and activity in organizations the 
Government deems illegal, security forces arrested a number of persons 
with links to local human rights groups, prodemocracy student groups, 
as well as scores of other minorities, particularly Kurds, members of 
the Muslim Brotherhood (MB), and suspected Islamic extremists.
    For example, on January 3, security agents arrested Fayez Sarah, a 
writer, journalist, and member of the DDDNC. Sarah's arrest signaled 
the continuation of the Government's 2007 efforts to neutralize the 
newly formed prodemocracy movement. Security forces subsequently 
arrested Muhammed Haji Darwish on January 8, Marwan al-Esh on January 
15, Riad Seif on January 28, and Talal Abu Dan on January 30. Human 
rights observers reported that authorities arrested these individuals 
for attending a DDDNC meeting in December 2007. At year's end 
authorities held the individuals at Adra prison, along with six other 
attendees of the DDDNC meeting arrested in December 2007: Ahmad Toumah, 
Akram al-Bunni, Jaber al-Shoufi, Muhammad Yasser al-Eitti, Ali 
Abdullah, and Walid al-Buni. Authorities transferred DDDNC chairperson 
Fidaa al-Hourani, who also was arrested in December 2007, from prison 
to Ibn al-Nafis hospital on February 25, after she suffered health 
problems. On October 29, the Damascus criminal court sentenced all of 
the aforementioned DDDNC members to two and on.--half years in prison.
    On February 17, authorities arrested Kurdish university student 
Hozan Muhammad Amin Ibrahim in Damascus, according to a local human 
rights organization. Ibrahim had previously spent a year in prison 
after his arrest at a demonstration in front of the Damascus branch of 
the UN Children's Fund (UNICEF) in 2003. Ibrahim remained in prison at 
year's end.
    On February 27, according to a local human rights organization, 
security authorities arrested activist Osama Edwar in Hasakah, 
reportedly for writing an article critical of the Government. He was 
released on March 8.
    On March 2, the SMI arrested Mohammad Badih Dak al-Bab, a former 
political prisoner and an alleged MB member. Dak al-Bab was previously 
arrested in 2000 for his MB affiliations and sentenced to 15 years in 
prison but received a Presidential pardon in 2005. The most recent 
arrest reportedly stemmed from articles he had written that criticized 
Minister of Information Moshen Bilal. Authorities released Dak al-Bab 
on September 17.
    According to a local human rights group, the Syrian Air Force 
Security Service detained Pierre Rustum on March 15. Rustum was an 
activist, writer, a member of the Kurdish Democratic Party in the 
country, and a council member for the Damascus Declaration group. 
Rustum was released on March 22.
    On April 2, unidentified agents took Qais Ahmed Ali, a Kurd, from 
his home in Damascus. He was released on July 28.
    On May 5, according to human rights observers, the SAFI arrested 
political and human rights activist Hammam Ahmad Haddad, presumably for 
his public writings on human rights abuses. His whereabouts were 
unknown until his release in July.
    On June 16, security forces reportedly arrested independent member 
of the DDDNC, Mahmoud al-Najjar,in Aleppo. Authorities did not provide 
a reason for his arrest, according to the report. He was released on 
July 24.
    On July 9, GIA detained Hassan Younes Kasim, a member of the 
Committees for the Defense of Democratic Liberties and Human Rights in 
Syria (CDF), according to a local human rights group. Authorities 
released him on July 24.
    On August 3 and 4, the PSD arrested Jawan Abdo, Ra'id Fawaz al-Ali, 
Markeen Mustafa, and Salahidin Baro. All four individuals were Kurds 
living in Aldirbasiah in the northern part of the country. Their 
whereabouts were unknown at year's end.
    On August 11, intelligence authorities arrested human rights 
activist and Damascus Declaration member Ghazi Qadoor in his home in 
Aleppo, according to human rights observers. His whereabouts were 
unknown at year's end.
    On August 15, security forces abducted Mashaal Tammo, the head of 
the Kurdish Future Movement Party, as he was driving near Aleppo. The 
Government held Tammo incommunicado for two weeks, after which he 
appeared at a preliminary court hearing in Damascus on August 27. At 
his first court hearing, no specific charges were announced. At year's 
end he remained detained at Adra prison in Damascus.
    On August 26, according to a local humanitarian organization, 
security forces arrested Khaldoun al-Jaza'iri, a dentist, at his home 
in Damascus. Al-Jaza'iri is the son of prominent nuclear scientist 
Makki al-Hassani al-Jaza'iri. His whereabouts were unknown at year's 
end.
    On October 26, security forces in Hasakah Province reportedly 
arrested Muhammad Sa'id Husayn and Sa'dun Mahmud Shekho, both general 
executive members of the Kurdish Freedom Party in Syria. At year's end 
their whereabouts remained unknown.
    On November 6, according to Jordanian news dailies, three Jordanian 
men, Nidal Kayed, Ayman Hawarat, and Ahmad Abu Durais, entered Syria 
together for a three-day vacation. On November 7, they were arrested by 
security authorities for allegedly inquiring about ``sensitive 
locations.'' The Government denied that the three men were in custody. 
The three men were held incommunicado until their release on November 
23. Their release followed Jordanian Prime Minister Nader Dahabi's 
visit to Syria, where he raised the subject with officials.
    On November 15, according to human rights observers, security 
forces arrested Osam Hamdan Makarem, a businessman in Suweida, a small 
city south of Damascus. At year's end, the reason for his arrest and 
his location were unknown. However, observers speculated that the 
arrest might have been connected to a recent financial dispute that 
Makarem took to court and won. The day after the courts decided the 
case, October 19, Makarem was arrested, detained for a day, and 
released.
    On November 17, SMI agents arrested Bassam Zakia in Hama, according 
to human rights observers. Zakia had allegedly returned to the country 
from Jordan three months earlier, after an unspecified period abroad, 
in order to obtain a visa that would allow him to work in Saudi Arabia. 
Bassam had reportedly contacted the Syrian embassy in Jordan and 
obtained a visit permit. Once he was in Hama, the SMI called him to 
their office several times before finally arresting him. The reason for 
his detention and his whereabouts were unknown at year's end.
    At year's end Muhammad Bakor and Sufian Bakor remained in 
detention. In January 2007, according to local human rights observers, 
the PSD in Hama arrested Muhammad Bakor and Sufian Bakor, sons of 
dissident Muhammad Bakor, an exile in Iraq.
    On August 24, according to human rights observers, authorities 
released Kawthar Tayfore and Aisha Afandi, both Kurdish members of the 
Democratic Union Party (PYD). Tayfore and Afandi had been held 
incommunicado, with no access to legal counsel, since November 2007.
    A local human rights group reported that in December 2007, 
authorities detained Ghaleb Amer, a board member of the Arab 
Organization for Human Rights. He was released the next day along with 
four other individuals: Yousef Sayasneh, Muhammad Jabr Masalmeh, and 
Muhammad Zaki Huwiedi.
    There were no new developments in the 2007 case of Nader Sanoufi.
    On June 13, according to a local human rights group, authorities 
released Fa'ik al-Meir, a member of the Central Committee of the Syrian 
Democratic People's party. Al-Meir was detained in Tartous in 2006 for 
allegedly establishing ties with Lebanese March 14 forces and sentenced 
to 18 months in prison in December 2007.
    There were also numerous reports from human rights organizations 
that security services arrested citizens who were apparently not 
involved in political activities. The security services provided no 
information on the reasons for the arrests and, in many cases, family 
and friends were unable to obtain information on the whereabouts of the 
detained at year's end.
    On April 7, the PSD arrested Waleed Muhammad Ali Hussein, an art 
student, after summoning him several times to security offices in 
Hasakah, according to a local human rights group. The reason for his 
detention and his whereabouts remained unknown at year's end.
    There were no new developments in the 2007 arrests of Muhammad 
Naama, a student at a medical college in Damascus, and Omar Muhammad 
Khalalo, or the 2006 arrests of Fahd Da'doush, Ahmet Muhammad Ibrahim, 
and Muhammad Sheikhmos Aali (also known as Sheikh Aali).

    Amnesty.--Unlike in the previous year, the President did not issue 
any amnesties; however, following tradition, authorities released sick 
prisoners who had completed three-quarters of their sentences.
    The Government rarely includes political prisoners in periodic 
Presidential amnesties; however, on August 7, Arif Dalila received a 
Presidential pardon and was released from prison. Dalila had been 
incarcerated since his arrest in 2001. Dalila, a well-known Syrian 
economist, had participated in the informal political reform 
discussions associated with the Damascus Spring movement of 2001. He 
was originally arrested in 2001 for criticizing government policy in 
both print and public remarks and sentenced to 10 years in prison by 
the Supreme State Security Court (SSSC) in 2002.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, courts were regularly subject to 
political influence. According to observers, approximately 95 percent 
of judges were Ba'athists or closely aligned to the Ba'ath Party and 
therefore not independent.
    The judicial system is composed of civil and criminal courts under 
the Ministry of Justice and religious courts, which adjudicate matters 
of personal status such as divorce and inheritance. The Court of 
Cassation is the highest court of appeal. The Supreme Constitutional 
Court (SCC) rules on the constitutionality of laws and decrees, hears 
special appeals regarding the validity of parliamentary elections, and 
tries the President if he is accused of criminal offenses; however, it 
does not hear appeals from the civil and criminal justice system. The 
SCC is composed of five members who are appointed by the President for 
renewable fou.--year terms.
    Military courts have authority over crimes committed by soldiers or 
members of other military or police branches. If the charge against a 
soldier or member of the military or police branch is a misdemeanor, 
the sentence against the defendant is final. If the charge is a felony, 
the defendant has the right to appeal to the Military Chamber at the 
Court of Cassation. Military courts also have authority to try 
civilians in cases based on military law. Civilians have the right to 
appeal all sentences in a military court. A military prosecutor decides 
the venue for a civilian defendant. There were reports that the 
Government operated military field courts in locations outside 
established courtrooms. Such courts reportedly observed fewer formal 
procedures than regular military courts. For example, in October 2007 
the Military Field Court, located in an undisclosed location in 
Damascus, convicted and sentenced five criminals to public hanging in 
Aleppo.
    The SSSC tries political and national security cases and operates 
under the provisions of the 1963 Emergency Law, which authorizes the 
prosecution of anyone ``opposing the goals of the revolution,'' and 
creating ``sectarian strife.'' Although the Government stated that the 
SSSC tried only persons who sought to use violence against the 
Government, the majority of defendants before the SSSC were prosecuted 
for exercising their political rights.

    Trial Procedures.--Defendants before civil and criminal courts are 
entitled to legal representation of their choice; the courts appoint 
lawyers for indigents. Defendants are presumed innocent, and they are 
allowed to present evidence and to confront their accusers. Trials are 
public, except for those involving juveniles or sex offenses. 
Defendants can appeal verdicts to a provincial appeals court and 
ultimately to the Court of Cassation. Appeals are often difficult to 
win because the lower courts do not provide verbatim transcripts of 
cases, only summaries prepared by the presiding judges. There are no 
juries. Defendants and their attorneys have access to government-held 
evidence relevant to their cases. However, human rights lawyers noted 
that the prosecution case file, which defense lawyers were allowed to 
see, frequently did not include any evidence in politically charged 
cases.
    The law extends the above rights to all citizens in criminal cases. 
However, a number of sections of family and criminal law are based on 
Shari'a (Islamic law) and do not treat men and women equally. Some 
personal status laws utilize Shari'a regardless of the religion of 
those involved in the case, although the number of Shari'a-based laws 
affecting non-Muslims decreased significantly after the 2006 passage of 
a Personal Status Law for Catholics.
    The SSSC does not observe constitutional provisions safeguarding 
defendants' rights. Its verdicts are not subject to judicial appeal; 
however, the minister of interior may ratify, nullify, or alter an SSSC 
ruling, and the President must approve the verdict or may ask for a 
retrial. Charges against defendants before the SSSC were usually vague, 
and authorities sometimes prevented defendants' access to their lawyers 
before the trial. Under SSSC procedures, defendants and their lawyers 
are not present during the preliminary or investigative phase of the 
trial, during which the prosecutor presents evidence. Lawyers submitted 
written defense pleas rather than making oral presentations. Trials 
took place before three judges and usually remained closed to the 
public as well as to the defendants' families. Authorities did not 
permit human rights NGOs to visit the SSSC; however, local lawyers 
affiliated with local NGOs acted as defense counsel in some cases. 
Authorities granted SSSC access to diplomatic observers during the 
year.
    For example, in February 2007 security authorities arrested 
dissident poet Dr. Mahmoud Hussein Sarem, who faced charges before the 
SSSC from a 2005 arrest. His case was referred to the military general 
prosecution. Sarem was subsequently sent to Adra prison, where he 
remained detained until his release on March 15. On October 1, a 
military judge cancelled the charges against Sarem in the military 
court; however, his SSSC case remained pending at year's end. 
Authorities did not present evidence that he used violence against the 
state.
    Human rights organizations estimated that the SSSC tried hundreds 
of cases annually. The majority of cases during the year involved 
charges relating to membership in various banned political groups, 
including religious parties such as the MB, the Islamic Liberation 
Party, and Syrian Kurdish parties. During the year the SSSC sentenced 
more than 150 citizens to sentences ranging from three years' 
imprisonment to execution, which can be commuted to 12 years' 
imprisonment. For example, on May 5, the SSSC sentenced Ismail al-
Sheikha to death for membership in the MB and then commuted his 
sentence to 12 years in prison.
    On April 14, Mohamed Hilal Abu Hawa, detained since 2005, was 
sentenced to three years in prison for disclosing confidential 
information.
    On April 18, Taiseer Nassan, a member of the Islamic Liberation 
Party, was sentenced to 12 years in prison for obstructing the goals of 
the Ba'ath Revolution and for forgery.
    On May 5, the SSSC sentenced Ismail Al-Sheikha, from Aleppo, to 
death for belonging to the MB. The court commuted the sentence to 12 
years of hard labor.
    On May 12, the SSSC sentenced Muhammad Abdulhai Shalabi, from Al-
Tal, to 12 years in prison for his alleged membership in the MB. The 
sentence was commuted to eight years.
    Membership in the MB is punishable by death, although in practice 
the sentences were usually commuted to 12 years in prison.

    Political Prisoners and Detainees.--The number of political 
prisoners and detainees remained difficult to determine due to a 
continuing lack of official government information. Authorities refused 
to divulge information regarding numbers or names of persons in 
detention on political or security-related charges. Various local human 
rights observers estimated that between 1,500 and 3,000 political 
prisoners, including accused Islamists, remained in detention. 
Authorities refused to divulge information regarding numbers or names 
of persons in detention on political or security-related charges.
    Since 2006 the Government has tried some new political detainees in 
criminal court, and once convicted on political or security related 
charges, they were treated like common prisoners. The Government did 
not permit regular access to political prisoners or detainees by local 
or international humanitarian organizations. Human rights groups 
reported that many political prisoners serving long-term sentences 
remained in prison after the expiration of their sentences.
    There also were Jordanian, Lebanese, Iraqi, Palestinian, and 
Western political prisoners and detainees. Estimates of foreign 
detainees were difficult to confirm because different branches of the 
security services, which maintained their own incarceration facilities, 
held significant numbers, and there was no centralized tracking system. 
Detainees were frequently held for extended periods of time without 
trial and without information provided to their families. Finally, 
estimates were difficult to confirm because the Government did not 
verify publicly the number of detentions without charge, the release of 
detainees or amnestied prisoners, or the subsequent sentencing of 
detainees to prison. In 2005 a number of human rights organizations 
estimated that there were between 25 and 250 remaining Lebanese 
prisoners in the country. During the year various Lebanese media 
outlets reported the numbers to be between 91 and 175.
    In November 2007 the French Press Agency reported that the 
Government agreed to release an unspecified number of Jordanian 
prisoners after Jordanian King Abdullah II's visit to Damascus. 
Authorities released 18 Jordanians in 2007, but there were no known 
further releases. On November 24, the Jordan Times reported that Abdul 
Karim Shraideh, who heads the Jordanian Committee for Defending 
Prisoners and Missing People, said the number of Jordanians missing in 
Syria was approximately 256 persons.
    In March a former prisoner held in al-Hasakah Province told a human 
rights group that he had met two Lebanese Christian priests who had 
been held there since 1990. According to the witness, Syrian 
intelligence forces arrested Suleiman Abu Khalil and Albert Sherfan at 
the monastery of Beit al-Qala'a in Beit Meri, Lebanon, during a raid 
involving Lebanese soldiers who had taken refuge there. No additional 
information was available at year's end.
    Former prisoners were subjected to a so-called rights ban, which 
lasts from the day of sentencing until seven years after the expiration 
of the sentence in the case of felony and three years in the case of 
misdemeanor convictions. In practice restrictions sometimes continued 
beyond that period. Persons subjected to this ban were not allowed to 
vote, run for office, or work in the public sector; they also were 
often denied passports.
    On April 23, the First Military Criminal Court in Damascus 
sentenced Kamal Labwani to an additional three years in jail for 
illegal conversations with fellow prisoners. In May 2007 the criminal 
court convicted Labwani of encouraging a foreign power to invade Syria 
and sentenced him to life in prison, commuted to 12 years. In 2005 
authorities arrested Labwani upon his arrival in Damascus following a 
three-month trip abroad.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters; however, in 
practice the courts are neither independent nor impartial. According to 
observers, approximately 95 percent of judges are either Ba'athists or 
closely aligned to the Ba'ath Party and therefore not independent.

    Property Restitution.--According to the law, a municipality may 
appropriate property for the public good. The municipality usually 
compensated individuals; however, many reported that the restitution 
was not fair. While individuals have the legal right to sue the 
municipality for more compensation, only a few win such cases.
    Security forces routinely seized property and personal items of 
arrested and detained individuals, such as computers and mobile 
telephones. According to local human rights contacts, the phenomenon 
was too common to track or record specific cases. Security forces did 
not appropriate, confiscate, or catalogue these materials in accordance 
with the law, and although detained individuals theoretically had the 
right to retrieve them after release, many items remained missing.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the Emergency 
Law authorizes security services to enter homes and conduct searches 
without warrants if broadly defined security matters are involved. The 
security services selectively monitored telephone conversations and fax 
transmissions. The Government opened mail addressed to both citizens 
and foreign residents. The Government routinely monitored Internet 
communications, including e-mail, and either blocked or monitored 
access to some Web sites.
    The Government and the Ba'ath Party monitored and attempted to 
restrict some citizens' visits to foreign embassies and participation 
in cultural activities. There were reports during the year that 
invitees to diplomatic functions received phone calls from the security 
services instructing them not to attend.
    The Government did not permit new political parties or license 
politically based NGOs. In practice, however, the Government tolerated 
some illegal political parties, such as the Communist Union Movement. 
Additionally, there were illegal parties, such as the Communist Action 
Party, the People's Party, and the Arab Social Union, that suffered 
harassment but not automatic arrest for membership. The Government 
forbids membership in Islamist parties, and members of Islamist parties 
were subjected to immediate arrest and execution.
    The Government detained relatives of detainees and fugitives to 
obtain a confession or surrender, respectively, and harassed and 
intimidated the families of activists and political prisoners. There 
were unconfirmed reports that security personnel forced prisoners to 
watch relatives being tortured to extract confessions.
    On March 6, a prison officer inappropriately touched the wife of 
Walid al-Bunni, a prisoner of conscience and signatory to the Damascus 
Declaration, while she was visiting her husband in Adra prison. 
According to local human rights observers, she immediately lodged a 
complaint with the supervising officer, who refused to hear her case.
    On July 31, security forces detained the wives of three imprisoned 
Islamist suspects in the village al-'Otayba, outside of Damascus, 
according to HRW. HRW identified the women as Usra al-Husein, wife of 
Jihad Diab; Raw'a al-Kilani, wife of Ziad al Kilani, detained by the 
SAFI in 2004; and Bayan Saleh 'Ali, wife of Ahmad Saleh 'Ali, arrested 
in 2005 and held in Sednaya prison on charges of membership in an 
association ``created to change the economic and social structure of 
the state'' and for issuing calls that weaken national sentiment and 
incited racial or sectarian tensions. No charges were brought against 
the women, and their whereabouts were unknown at year's end.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and the press; however, the Government significantly 
restricted these rights in practice, relying when necessary on 
emergency law provisions that suspend such rights and supersede 
constitutional practices. The Government strictly controlled the 
dissemination of information and prohibited criticism of the Government 
and discussion of sectarian issues including religious and ethnic 
minority rights. Authorities detained and abused journalists, writers, 
and other individuals for expressions of opinion that violated these 
restrictions, leading them to practice self-censorship. The Government 
also attempted to impede criticism through monitoring of political 
meetings and informer networks.
    Emergency law and penal code articles dealing with crimes against 
state security allow the Government broad discretion to determine what 
constitutes illegal expression. The Emergency Law prohibits publication 
of ``false information'' that opposes ``the goals of the revolution.'' 
Penal code articles prohibit acts or speech inciting confessionalism.
    On March 3, security forces reportedly detained Ammar Rashed, Saleh 
al-Ali, and Tayseer Omar, professors at the Shari'a College at the 
University of Damascus, for their public criticism of government 
corruption and for advocating freedom of expression. All three men were 
released on March 5.
    On May 25, authorities reportedly cancelled a lecture on freedom of 
the press that journalist Mazen Darwish was to deliver, despite the 
Ministry of Culture's prior approval. Security forces also briefly 
detained Darwish in January for allegedly defaming state institutions. 
Darwish was sentenced to 10 days, which was later commuted to five 
days.
    In December 2007, according to Arraee.org, an opposition Web site 
established by the Syrian Peoples' Democratic Party, authorities 
arrested Tayseer Kafa after his colleagues at the school where he 
worked submitted a report to authorities alleging that he criticized 
the Government during a conversation with them. He was released on 
January 24.
    The media were heavily influenced by the Government, and the 
Government or the Ba'ath Party owned most newspaper publishing houses. 
A number of quasi-independent periodicals, usually owned and operated 
by figures with government connections, were published during the year, 
including the National Progressive Front's (NPF) Communist party 
newspaper The People's Voice; the NPF's Socialist Union party's 
newspaper The Unionist; and privately owned newspapers The Nation (Al-
Watan), The Economy (Al-Iktissad), and, Al-Khabar, the latter two of 
which were sometimes critical of the Government's economic policies and 
performance. The Government prohibited all Kurdish-language 
publications, although there were credible reports that such 
publications were available in the country. The Ministry of Information 
continued to deny permission to publish Al-Ousboua Al-Iktissadi, a 
business weekly; and Al-Riyada Wa Al-Shabab, a new magazine for young 
sports fans.
    The print and electronic media were critical at times of the Ba'ath 
Party and government performance. They reported openly on a range of 
social and economic issues, such as corruption in the energy and 
communications sectors. The media covered some Israeli-Palestinian 
developments factually, but others were reported selectively to support 
official views. For example, local media described Israeli actions in 
occupied Palestinian territory as ``aggression,'' ``state terrorism,'' 
and ``Israeli massacres,'' while describing Palestinian actions as 
``resistance.''
    While the Government or the Ba'ath Party owned and operated some 
radio and most television companies, examples of privately owned 
stations included Al-Medina radio station and Al-Douni and Al-Rai 
television stations. The Ministry of Information closely monitored 
radio and television news and entertainment programs to ensure 
adherence to government policies. The Government did not interfere with 
broadcasts from abroad. Satellite dishes were widely used and 
available.
    As in previous years government forces detained, arrested, and 
harassed journalists and other writers for works deemed critical of the 
state. Harassment included banning from the country, firing for 
association with international organizations, and failing to respond to 
requests for journalists' accreditation. The Government also arrested 
journalists and others who wrote in Kurdish or in favor of greater 
Kurdish rights.
    On March 13, according to a local human rights group, the SMI 
detained activist Adnan Hamdan, director of the Syrian Center for 
Freedom of Media and Expression. He was released on March 15.
    On June 11, PSD authorities in Qamishli arrested writer Khaled 
Jamil Muhammad, according to a local human rights group. During his 
detention, authorities ordered Muhammad to ask his family to bring his 
passport, a copy of his latest book, and the texts of delivered 
lectures to the authorities. At year's end there was no information as 
to whether authorities still had these items in their custody. Muhammad 
remained detained at year's end.
    On June 20, according to human rights observers, authorities 
detained Sudanese journalist Hashem Othman, editor of the journal 
Fada'at Dawleyeh, which was published in Syria for three years, for no 
known reason. Othman was released on June 21 and traveled to Khartoum, 
Sudan, on the same day.
    On March 13, authorities reportedly released Kurdish poet Muhammad 
Iso, held incommunicado since his arrest in 2006. The alleged reason 
for his arrest was his Kurdish-language poetry and for allegedly 
encouraging sectarian strife.
    In November a newspaper journalist was relieved of his editorial 
responsibilities at a local news daily for meeting with international 
media organizations. The name of the journalist and news outlet were 
withheld to protect the individual in question.
    Also in November an independent private journalist was fired after 
criticizing the Government in his editorial positions. The name of the 
journalist and news outlet were withheld to protect the individual in 
question.
    The Ministry of Information and the Ministry of Culture and 
National Guidance (MCNG) continued to censor domestic and foreign 
publications prior to circulation or importation and stopped 
circulation when content was judged to be critical or sensitive. 
Publication or distribution of any material deemed by security 
officials as threatening or embarrassing to the Government was 
prohibited. Censorship usually was greater for materials in Arabic. 
Journalists also practiced self-censorship.
    In February the MOI briefly halted distribution of three journals 
for criticizing government policies: Al-Hal, a monthly review; Al-
Iktissad wa Mujtamma (Economy and Society); and Al-Dabbour, a satirical 
weekly. The MOI stopped distribution of Al-Hal again in August, and at 
year's end the ban remained in place. After September 30, the 
Government prevented the circulation of the Saudi-owned and London-
based newspaper Al-Hayat. The Government then blocked the Al-Hayat Web 
site several weeks later. The Government also continued the 2007 
decision to cease distribution of Al-Sarq Al-Awsat, a Saudi-owned, 
London-based newspaper. At year's end both remained unavailable.
    In mid-year the moderate online news Web site DamasPost was closed 
down for several weeks. No specific reason was cited. In April Syria 
Life, an independent online news site, was closed by authorities. 
Again, no specific reason was given. However, its owner and editor said 
that he could ``no longer work under these circumstances.''
    In 2007 the Government shut down Sham Channel, owned by 
parliamentarian Akram al-Jindi. No reason for the closure was given. 
Sham Channel moved its operations to Egypt and was broadcasting into 
Syria at year's end.
    The law prohibits the publication of ``inaccurate'' information, 
particularly if it ``causes public unrest, disturbs international 
relations, violates the dignity of the state or national unity, affects 
the morale of the armed forces, or inflicts harm on the national 
economy and the safety of the monetary system.'' Persons found guilty 
of publishing such information are subject to prison terms ranging from 
one to three years and fines ranging from 500,000 to 1 million Syrian 
pounds ($10,000 to $20,000). The Government used these laws during the 
year to suppress criticism. The law also imposes strict punishments for 
reporters who do not reveal their government sources in response to 
government requests.

    Internet Freedom.--The Government relied on its press and 
publications laws, the penal code, and the Emergency Law to censor 
access to the Internet. The Internet was widely available in both dial-
up and highspeed wireless connections. Web cafes continued to 
proliferate throughout the major cities. The Government monitored 
Internet usage and in some instances blocked access to Internet sites 
or Web-based e-mail that contained or transmitted information deemed 
politically sensitive.
    According to an international human rights group, all three of the 
country's Internet service providers regularly blocked access to a 
variety of Web sites. The Government restricted access to Web sites 
associated with Kurdish opposition groups and both the MB and Syrian 
MB. Other electronic media that the Government restricted during the 
year included Amazon.com, the social-networking site Facebook, YouTube, 
online pan-Arabic newspapers such as Asharqal-Awsat, the online phone 
service Skype, and online news services such as LevantNews.com. The 
proreform Web site All4syria.org has remained blocked since 2004.
    In April authorities blocked the Web site SyriaNews.com for 10 
days, according to a local human rights group.
    On May 10, the SSSC sentenced Tareq Bayasi to six years in prison 
for publishing online comments critical of the Government. The sentence 
was subsequently commuted to three years. According to local human 
rights observers, in July 2007 the SMI in Tartous summoned Bayasi, son 
of former political prisoner Omar Bayasi regarding comments he had made 
in an Internet discussion forum. The authorities detained him, 
transferred him to Damascus, and held him incommunicado for months. The 
SMI had arrested Baysi previously in June 2007 for insulting security 
services online.
    On August 15, according to the Web site Elaph.com, authorities shut 
down the Web site Nazaha.com (Integrity) and detained its publisher, 
Abdullah Ali Suleiman, for 13 days. Founded in 2005, Nazaha.com was 
regularly subjected to Web-based attacks. In February 2007 hackers 
destroyed the site's archives.
    On May 7, security agents arrested Habib Saleh for ``spreading lies 
and undermining the state.'' Previously Saleh, an Elaph.com 
contributor, was in prison from May to September for publishing 
articles critical of the Government on the Internet. He was arrested in 
2001 and 2005 on similar charges. He had one preliminary hearing on 
December 1 in the Damascus Second Criminal Court. At year's end there 
were no further developments in his case.
    There were few developments in the case of Karim 'Arbaji, detained 
by the Mantaqa branch of the SMI in June 2007 allegedly for moderating 
Akhawia.net, a popular online social and political forum for youth. 
According to various human rights organizations, 'Arbaji was being held 
at the Sednaya military prison in preparation for a June 8 trial before 
the SSSC. However, the SSSC did not meet in June, and a new trial date 
was not set. There were no further developments in this case by year's 
end.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom and cultural events. Teachers generally were not 
permitted to express ideas contrary to government policy. Authorities 
permitted slightly more freedom of expression at the university level; 
however, the Government imposed restrictions on the ability of public 
universities to associate with foreign cultural centers. Universities 
gave Ba'ath Party members preferential admissions treatment.
    On March 3, according to a local human rights organization report, 
security forces detained Ammar Rashed, Saleh al-Ali, and Tayseer Omar, 
professors at the Shari'a College at the University of Damascus, for 
their public criticism of corruption and for advocating freedom of 
expression. All three men remained detained at year's end.
    The MCNG censored films and exercised the right of approval over 
films shown at cultural centers operated by foreign embassies.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of assembly; 
however, Emergency Law provisions superseded this right, and the 
Government did not respect it in practice. MOI permission is needed for 
demonstrations or any gathering of more than three persons. During the 
year HRW reported that the Government routinely prohibited or 
interrupted meetings of human rights and civil society activists. The 
Government or the Ba'ath Party organized most public demonstrations.
    The Government required political forums and discussion groups to 
obtain prior approval to hold lectures and seminars and to submit lists 
of all attendees. However, several domestic human rights and civil 
society groups held meetings without registering with the Government or 
obtaining prior approval. In many instances the Government took steps 
to disrupt such gatherings or prevent them from occurring. For 
instance, on December 31, local police broke up a peaceful 
demonstration by a group of independent journalists protesting violence 
in Gaza. The journalists held a sit-in at the Journalists' Federation 
in Damascus and had requested permission from the Ministries of 
Interior and Information. The President of the federation, however, 
asked the Government to break up the sit-in because it was not 
authorized by the federation itself.
    Demonstrations occurred during the year, including some permitted 
or organized by the Government.
    For example, on January 21 and February 23, demonstrations against 
Israeli actions in Gaza and the West Bank took place without government 
interference in the Yarmouk Palestinian Refugee Camp in the suburbs of 
Damascus.
    On March 3 and 5, the Government approved a march to protest the 
siege of Gaza in Damascus and Homs, respectively.
    On March 6, according to a local human rights organization, 
authorities broke up a gathering of Kurdish families waiting in front 
of the SSSC to attend the hearing of five Kurdish activists. The SSSC 
had changed the court date without notifying family members. 
Authorities arrested dozens of individuals but released them within a 
few hours.
    On March 8, security forces fired warning shots and used tear gas 
to disrupt a celebration of Women's International Day in Ein al-Arab, 
according to human rights observers.
    On April 17, police prevented approximately 400 students from 
making a Damascus University sponsored trip to the coast. Police 
ordered the students, who had gathered in front of the faculty of 
medicine, back into the school.
    On April 19, the Syrian Committee for supporting Syrian Prisoners 
in Israeli Prisons organized a candlelight demonstration without 
government interference in front of the International Committee of the 
Red Cross offices in Damascus.
    On May 15, quasi-government organizations sponsored a number of 
large rallies in major cities to protest the 60th anniversary of the 
founding of Israel.
    On August 24, local human rights observers reported that an 
estimated 2,000 security and military personnel prevented a large group 
of demonstrators from gathering in front of the home of Mashaal Tammo, 
head of the Kurdish Future Movement Party. The demonstrators were 
protesting the Government's August 15 detention of Tammo.
    On October 30, an estimated 1,000 to 2,000 persons gathered in a 
Damascus square without government interference to protest the alleged 
October 26 U.S. military raid on Abu Kamal, a town on the Syria-Iraq 
border. Observers stated government employees were allowed to leave 
their offices, and a number of high-school and university classes were 
dismissed to ensure a large crowd.
    On November 2, a coalition of Kurdish political opposition parties, 
including the Yeketi Party, organized a protest against Decree 49, a 
new law that curtails already limited property rights along the 
country's borders. The protest was to take place in front of the 
parliament building in Damascus, but as Kurdish activists gathered at a 
nearby staging point and began moving toward the parliament building, 
they were set upon by military intelligence and the police's Special 
Forces Unit. In all, 192 persons were arrested and released 
approximately 12 hours later. While the use of force was restrained, 
police tasered one individual in the throat.
    At a December 3 event to welcome Lebanese Change and Reform Bloc 
leader Michel Aoun, approximately 3,000-5,000 students, parents, and 
journalists gathered in the Christian area of Damascus's old city with 
government approval. Observers stated the Government pulled students 
out of school to ensure a good turnout.
    From December 27 until the end of the year, the Government actively 
encouraged numerous large peaceful protests against Israeli actions in 
Gaza. As was often the case with other protests during the year, the 
Government frequently closed schools and released civil servants from 
work in an effort to increase the number of participants.
    At year's end the Government had not filed charges against the 
perpetrators of the 2006 demonstrations that destroyed the Norwegian 
embassy and heavily damaged the building housing the Danish, Chilean, 
and Swedish embassies. The embassies received some financial 
compensation from the Government, but not enough to cover the actual 
cost of damages, according to diplomatic sources.

    Freedom of Association.--The constitution permits private 
associations but also grants the Government the right to limit their 
activities. In practice the Government restricted freedom of 
association, requiring prior registration and approval for private 
associations. The Government often denied requests for registration or 
failed to act on them, presumably on political grounds. None of the 
approximately 14 local human rights organizations operated with a 
license during the year. By year's end no license had been issued to an 
independent association of journalists reporting for regional Arab 
media, according to press reports. The Government continued to block 
the six-year effort by journalists to form the association.
    In addition, the Government did not permit the establishment of 
independent political parties. In recent years citizens have sought to 
establish political parties but have not received licenses from the 
Government. In practice, however, the Government tolerated some 
political parties, such as the Communist Union Movement. Additionally, 
there are illegal parties, such as the Communist Action Party, the 
People's Party, and the Arab Social Union, that suffer harassment but 
not automatic arrest for membership. The Government forbids membership 
in Islamist parties, and members of Islamist parties were subjected to 
immediate arrest and execution.
    The Government granted registration to some groups not engaged in 
political or other activities deemed sensitive. However, the Government 
restricted the activities of associations and their members, and the 
executive boards of professional associations were not independent.
    On March 18, according to a human rights organization, the SSSC 
sentenced Taiseer Naasan, who allegedly belonged to the Islamic 
Liberation Party, to 12 years in prison for belonging to an 
organization ``created to change the economic or social structure of 
the state,'' opposing the objectives of the revolution, and forgery. On 
the same day, five other individuals--Hilal Hameed, Adel Ahmed Hajj, 
Jumaa Hussein Shehada, Yasir Hameed Saleh, and Muhammad al-Gallway--
were sentenced to prison terms of seven to 12 years for their alleged 
membership in an organization ``created to change the economic or 
social structure of the state.'' The men had been in detention since 
2005.
    On November 2, the Court of Cassation overturned an August 20 
ruling by the second criminal court of Damascus that had rejected 
Michel Kilo's and Mahmoud Issa's request for early release. Kilo and 
Issa were arrested in 2006 and sentenced in May 2007 to three years in 
prison for ``weakening national sentiment.'' Before Kilo and Issa were 
released, however, the prosecutor appealed the decision. On December 
15, the Court of Cassation in a plenary appeal session ruled against 
Kilo and Issa's early release, requiring them to serve their full 
sentences.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, it imposed some restrictions. The Government 
discouraged public proselytism and monitored groups it considered to 
practice militant Islam. Human rights organizations reported that 
alleged Islamist prisoners and detainees were subject to torture and 
mistreatment in custody. The Government continued its 1964 ban of 
Jehovah's Witnesses; however, they continued to practice their religion 
privately.
    There is no official state religion; however, the constitution 
requires that the President be Muslim and stipulates that Islamic 
jurisprudence is a principal source of legislation. Sunni Muslims 
constituted approximately 74 percent of the population. Other Muslim 
groups, including Alawi, Ismailis, and Shi'a, constituted an estimated 
13 percent of the population. The Druze accounted for an estimated 3 
percent of the population, while various Christian denominations 
accounted for the remaining 10 percent.
    All religions and religious orders must register with the 
Government, which monitored fundraising and required permits for all 
meetings by religious groups, except for worship. The constitution 
stipulates the separation of religious institutions and the state; 
however, the Government routinely intervened in and controlled 
religious groups up to and including the grand mufti, who is appointed 
by the Government. Religious groups tended to avoid any involvement in 
internal political affairs.
    The Government generally refrained from involvement in strictly 
religious issues. However, a local human rights group stated that in 
February, in the northeastern province of Deir Ezzor, the SMI arrested 
a number of citizens for their opposition to Shiite proselytism in the 
area, especially in the town of Khatlah. The human rights group stated 
that the detainees were affiliated with moderate Sufiism. Three of the 
detained were identified as Tareq al-Hasan (civil engineer), Ahmad 
To'mah (dentist), and Ahmad al-Rumh (teacher and speaker at the Mus'ab 
Ibn Umair' Mosque in Deir Ezzor). The Government cited national 
security as the reason for barring Jewish citizens from government 
employment, serving in the armed forces, and maintaining contact with 
Israel. Jews also were the only religious minority group whose 
passports and identity cards noted their religion. Jewish citizens had 
to obtain permission from the security services before traveling abroad 
and faced excessive government scrutiny when applying for licenses, 
deeds, or other official documents. The Government enforced a law 
against exporting historical and cultural treasures to prohibit the 
Jewish community from sending historical Torahs abroad.
    All public schools are overseen by the Government and are 
nonsectarian; however, Christian and Druze minorities operated a number 
of private schools that followed the state curriculum. There was 
mandatory religious instruction in schools with government-approved 
teachers and curriculums. Religion courses were divided into separate 
classes for Muslim and Christian students. Although Arabic is the 
official language in public schools, the Government permitted the 
teaching of Armenian, Hebrew, Syriac (Aramaic), and Chaldean as 
``liturgical languages.''
    Muslims and Christians are subject to their respective religious 
laws on marriage and divorce. In 2006 a new Personal Status Law for 
Catholics went into effect, giving Catholics their own laws for 
adoption, inheritance, and guardianship. Previously, Catholics were 
subject to some Shari'a-based laws. Orthodox and other Christians 
remained subject to Shari'a in matters pertaining to adoption, 
inheritance, and guardianship. In matters pertaining to marriage and 
divorce, however, Orthodox and other Christians were to follow the laws 
of their respective churches. Regardless of religion, however, child 
custody laws for all children remained based on Shari'a.
    Although the law does not prohibit proselytizing, in practice the 
Government discouraged such activity, deeming it a threat to relations 
among religious groups. Foreign missionaries were present but operated 
discreetly.
    The Government considered militant Islam a threat and monitored its 
adherents. The Government also monitored and controlled sermons and 
dictated that mosques (except those which are major tourist sites) 
remain closed outside of prayer time.

    Societal Abuses and Discrimination.--There was little evidence of 
societal discrimination or violence against religious minorities. Some 
Islamic education textbooks stated that Christians and Jews resident in 
Islamist states should pay jiziah (a special tax).
    Societal conventions as well as religious and theological 
proscriptions made conversions relatively rare, especially from Islam 
to Christianity. In many cases societal pressure forced those who 
undertook such conversions to relocate within the country or leave the 
country altogether to practice their religion openly.
    There were no reported acts of physical violence against, or 
harassment of, Jewish persons, an estimated 100 of whom lived in the 
country, according to the Israeli Web site Haaretz.com. The Government 
condoned anti-Semitism in state-owned radio and television programming, 
newspapers, and other mass media. Anti-Israel material was widespread, 
some of which carried anti-Semitic overtones.
    On February 11, Syrian Satellite TV in Damascus aired ``Circle of 
Events,'' a live talk show hosted by Nidal Qabalan. In his opening 
comments he made reference to ``Nazi Zionists.'' One of the guests on 
the show, Hasan Junyeh, a professor of international law, stated that 
Israel did not have a democratic government, but a ``Fascist Zionist 
regime.''
    On March 3, an editorial appearing in Damascus Syria Times argued 
that only a concerted effort by nations in the region could halt the 
``neo-Nazi Israeli genocide.''
    On March 9, Damascus Syria Times published an on-line article that 
criticized United States support of ``Israeli neo-Nazis.''
    On March 9, Al-Thawra published an Internet article that accused 
the Western media of not paying attention to ``the Zionist holocaust in 
Gaza.''
    On April 11, Al-Thawra published an article on the Internet that 
stated the crimes of Israel were ``worse than the Nazi and Fascist 
crimes.''
    On May 17, in reaction to the U.S. President's speech before the 
Knesset, Tishrin published an article accusing both major U.S. 
political parties of being committed to the ``religious edicts of 
Zionist rabbis'' and that these edicts were more ``racist, brutal, and 
terrorist than the Nazi pronouncements.''
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The constitution provides for freedom of 
movement ``within the territories of the state unless restricted by a 
judicial decision or by the implementation of laws.'' While citizens 
are ostensibly free to travel internationally, the Government limited 
freedom of movement in practice by requiring citizens to apply for exit 
visas.
    The Government maintained security checkpoints, primarily in 
military and other restricted areas. There were few police checkpoints 
on main roads or in populated areas. The security services used 
checkpoints to conduct searches without warrants for smuggled goods, 
weapons, narcotics, and subversive literature.
    During the year the Government increased the use of travel bans to 
prevent more than 100 critics of the regime, human rights activists, 
political reformers, and civil society leaders from leaving the 
country. The Government usually applied travel bans without any 
explanation for their basis or duration, even when individuals needed 
to travel for health reasons. In some cases citizens learned of the ban 
against their travel only after being prevented from departing the 
country.
    Individuals whom the Government banned from traveling 
internationally during the year included a naturalized American citizen 
of Syrian descent; Mustafa Haied, prohibited from leaving the country 
for alleged security reasons; Abdulhafeez Hafez, whose place of work (a 
library) was also raided by security forces; lawyer, former cabinet 
minister, and Democratic Arab Socialist Union deputy general secretary 
Muhammad Abdul-Majeed Manjounah, who reportedly planned to travel to 
Yemen to attend a Pal-Arab conference; Radeef Moustapha, chairman of 
the Kurdish Committee for Human Rights in Syria, who planned to travel 
to France to attend a training workshop; writer and journalist Khaled 
Smeisima; Dr. Hassan Abbas, a translator and professor; Mazen Darwish, 
head of the Syrian Center for Media and the Freedom of Expression; 
internationally acclaimed film director Muhammed Malas, who planned to 
travel to Paris and Rome on film-related business; Ma'rouf Mulla Ahmed, 
senior member of the Kurdish Yekiti Party; Abdul Satter Qattan, a human 
rights activist and former prisoner of conscience; Rajaa Al-Nasser, 
secretary of the Arab Democratic Socialist Union party; and Muhanad al-
Hasani, chairman of Syrian Observatory for Human Rights. There were no 
updates on travel bans instituted in previous years.
    During the year authorities also reportedly imposed heavy fines on 
more than 10 women from neighboring Gulf states before they could 
return to their home countries. Human rights observers believed the 
fines evinced corrupt government officials' attempts at extortion.
    Travel to Israel is illegal, and the Government restricted travel 
near the Golan Heights.
    Women over the age of 18 have the legal right to travel without the 
permission of male relatives; however, a husband or a father may file a 
request with the MOI to prohibit his wife or minor dependents' 
departure from the country.
    The Government refused to recognize the citizenship of, or grant 
identity documents to, approximately 300,000 persons of Kurdish 
descent. Lack of citizenship or identity documents restricted their 
travel to and from the country. In his inauguration speech in July 
2007, the President stated again that the Government would try to 
resolve the issue of stateless Kurds; however, at year's end there had 
been no progress. Syrian emigrants who did not complete mandatory 
military service could pay a fee to avoid conscription while visiting 
the country. Persons of Syrian origin who were born in a foreign 
country but were able to demonstrate service in the army of the country 
of birth were exempted from military service without payment.
    Until September 2007, as has been long-standing practice, citizens 
of Arab League countries were able to enter the country without a visa 
for a stay of up to three months, a period that could be renewed. On 
September 10, 2007, the Government, citing the ongoing Iraqi refugee 
crisis, required all Iraqis to obtain a visa before entry. The 
Government postponed implementation of this new policy until October 1. 
At year's end Iraqis needed a visa to enter the country; however, the 
extent to which this policy was being enforced at the border and the 
exact visa requirements remained unclear.
    Residency permits required proof of employment and a fixed address 
in the country. Officials continued to assert publicly that 
nonpermanent resident males between the ages of 18 and 30 could be 
denied entry for a number of reasons, including traveling alone, 
student or recent graduate status, residence in a country other than 
their own, and ``suspicious'' travel abroad.
    The constitution prohibits forced exile, and there were no reports 
of forced exile during the year.
    The law provides for the prosecution of any person who attempts to 
seek refuge in another country to escape a penalty in Syria. Persons 
who have unsuccessfully sought asylum in other countries and who have 
past connections with the MB have been prosecuted upon their return to 
Syria. The Government routinely arrested both dissidents and former 
citizens with no known political affiliation who tried to return to the 
country after years or even decades in exile.
    On January 16, security services arrested Izzideen Muhammad 
Hussein, a Syrian and German citizen, upon his arrival at Damascus 
International Airport and held him for three days. No reason for his 
arrest was given.
    On February 2, the PSD reportedly arrested Faisal Ahmad al-Kurdi at 
Damascus International Airport upon his arrival from Germany where he 
lived. Before traveling, the report stated, al-Kurdi sought and 
received assurances from the Syrian embassy in Berlin that he was not 
wanted by any Syrian security branch, and al-Kurdi had completed his 
required military service. He was reportedly held for several days and 
then released.
    On March 9, the SMI in Aleppo arrested Abdul Rahman al-Khamis a few 
weeks after his return from Saudi Arabia, where he had lived for the 
last 25 years, according to a local human rights group. Authorities 
reportedly gave no reason for the arrest and released al-Khamis on 
April 27.
    On August 8, authorities reportedly arrested Syrial-Czech citizen 
Na'eem Nasla upon his arrival at Aleppo airport from the Czech Republic 
where he lived and worked. He was transferred to the SMI Palestine 
Branch for interrogation and released on August 11.
    On October 9, authorities reportedly arrested Fuad Hussein, a 
British national of Palestinian descent, at the Syrial-Jordanian 
border, according to human rights observers. Hussein was traveling to 
Damascus with his wife to visit her relatives. Hussein, an engineer, 
left Britain three years ago to live in Jordan. He suffers from a 
number of health conditions, including high blood pressure and 
diabetes. There was no further information on his status or 
confirmation on his nationality at year's end.

    Protection of Refugees.--The Government is not a party to either 
the 1951 UN Convention relating to the Status of Refugees or its 1967 
protocol. It generally cooperated with the office of the United Nations 
High Commissioner for Refugees (UNHCR) and the UN Relief and Works 
Agency for Palestine Refugees in the Near East (UNRWA) in assisting 
internally displaced persons, refugees, stateless persons, and asylum 
seekers and respected UNHCR's eligibility determinations regarding 
asylum seekers. Generally, the Government provided some protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened. One notable exception to this was 
the detention and alleged forced return of several Iranian Ahvazis who 
were recognized refugees.
    The Ahvazi Centre for Human Rights and other sources reported that 
the Government arrested and returned seven Ahvazis to Iranian 
authorities during the year. These include Danish citizen Saied 
Hammadi, arrested on March 5 at Damascus International Airport, and 
Masouma Al-Kaabi, wife of Habib Jaber, a refugee in Denmark, and their 
five children, who were arrested in Damascus on September 28.
    UNRWA reported that there were approximately 450,000 registered 
Palestinian refugees in the country during the year. The General 
Authority of Palestinian Arab Refugees in Syria, the Government agency 
established to coordinate assistance and protection to refugees, 
continued to provide assistance to Palestinian refugees during the 
year. Palestinian refugees with Syrian travel documents generally 
reported little difficulty traveling in and out of the country. The 
Government refused to permit the full integration of these Palestinians 
into Syrian society. At year's end there were approximately 300 
Palestinian refugees from Iraq registered at al-Hol, while another 
group of over 900 Iraqi Palestinians remained stranded between the 
Iral-Syria border at the al-Tanf crossing. Other sources have reported 
that security forces deported some Palestinian refugees (coming from 
Iraq) from Damascus, where they sometimes tried to blend into the 
larger Palestinian community or pass themselves off as Iraqis, to the 
camp at al-Tanf.
    On October 9, according to Lebanese media outlets Al-Liwaa and 
Naharnet.com, security agents killed Palestinian refugee Abu Ibrahim in 
the unofficial Palestinian refugee camp of Yarmouk. Abu Ibrahim (which 
was the individual's alias) was married to Wafaa al-Absi, the daughter 
of Shaker al-Absi, a leader of Fatah al-Islam.
    As of November more than 219,000 Iraqi refugees registered with the 
UNHCR, and most received legal and material assistance from the UNHCR 
and other international and nongovernmental humanitarian organizations. 
On November 17, the Government and UNHCR signed a memorandum of 
understanding that stipulates for UNHCR to support the efforts of the 
Government in providing medical services to Iraqi refugees until the 
end of 2008. No new memorandum was signed by year's end. The Government 
estimated in September that approximately 1.2 million displaced Iraqis 
lived in the country with valid visas. It is not known how many Iraqis 
are in the country without visas.
    In October, approximately 400 Iraqi Christians, fleeing violent 
attacks aimed at the Christian community in Mosul, Iraq, crossed into 
northern Syria as refugees. According to its Web site UNHCR has been 
closely monitoring the situation in order to ensure these refugees are 
given proper assistance upon arrival in Syria. AT year's end, the UNHCR 
has registered or is in the process of registering around 45 families 
from Mosul (20 in Aleppo and the rest in Damascus) and has begun 
assessing them for emergency grants and food assistance.
    The Government generally continued to honor UNHCR's request that 
states maintain some temporary protection for all Iraqi asylum seekers 
and persons whose applications have been rejected. The Government 
recognized refugees whose cases had been suspended by resettlement 
countries during the year. However, UNHCR received unconfirmed reports 
that the Government deported some Iraqis during the year.
    UNHCR does not promote voluntary repatriation to Iraq; however, 
given that some families are returning, UNHCR provided counseling and 
assistance to 68 returning families. According to UNHCR figures, during 
the year 8,180 persons from Somalia, Sudan, Yemen, Afghanistan, 
Algeria, Chad, Eritrea, Ethiopia, and Iran were recognized as refugees 
or had asylum cases pending.
    There are no direct provisions in the law giving refugees the right 
to work. However, according to UNRWA, the rules for employment of 
citizens were applicable to Palestinian refugees provided that they 
have been living in the country for at least ten years. Obtaining a 
work permit is a lengthy and complicated process; refugees were rarely 
granted a permit. In reality many refugees found daily labor in the 
informal sector mainly as guards, construction workers, street vendors, 
and in other manual labor jobs. There were reports of refugees, 
particularly Iraqi girls and women, who worked in the country as 
prostitutes, but no reliable statistics were available.
    Most public schools were unable to accommodate fully the large 
number of children of Iraqi refugees. The Government allowed Iraqi 
children to attend schools, and according to a UNHCR estimate, more 
than 49,000 Iraqi children were enrolled in public schools during the 
2007/2008 academic year. Many Iraqi children were still not attending 
school for multiple reasons including overcrowded schools, difficulties 
with the curriculum, and previous psychological trauma of the parents 
and children.

    Stateless Persons.--Citizenship is derived from the father, not 
place of birth or birth mother. Following the 1962 census, 
approximately 120,000 Syrian Kurds lost their citizenship, which the 
Government has never restored. As a result, those who lost their 
nationality, including their children, remained severely disadvantaged 
in participating in civil life and in receiving government services 
including health and education, as well as employment open only to 
citizens. Stateless Kurds had limited access to university education. 
UNHCR and Refugees International estimated there were approximately 
300,000 stateless Kurds.
    Despite the President's repeated promises to work to resolve the 
issue of the Kurds, the latest in his July 2007 inauguration speech, no 
progress was made during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution requires that the President be elected by 
referendum, and the parliament selects a Presidential candidate at the 
discretion of the regional Ba'ath Party leadership. A Presidential 
candidate is then approved by a majority of votes in a popular 
referendum. Although citizens vote for the President and MPs, in 
practice they did not have the right to change their government because 
elections were neither free nor fair.

    Elections and Political Participation.--No general elections took 
place during the year on the parliamentary, Presidential, or local 
levels. However, on November 9, the Damascus Chamber of Commerce (DCC) 
held elections. Eight DCC officials, who ran together on a single 
slate, were re-elected. Another incumbent won election as an 
independent. Voters elected in three new members, two of whom ran 
together and one who ran as an independent. Eligible voters for DCC 
elections must own a properly government-registered business, be 
registered with the DCC, and have paid in full all DCC dues. No foreign 
national business owners, with the exception of Palestinians who have 
Syrian residency documents, are eligible to vote in these elections. 
For the DCC election, 7,150 out of 30,000 members were eligible to 
vote; 2,513 actually voted. DCC conducts elections on an open list 
system for the twelve available seats: candidates can run together as a 
slate or independently. There are no restrictions on how many 
candidates can appear on a single slate. Voters may choose to vote for 
a whole slate, selected individuals on a slate, as well as 
independents.
    In 2007 Presidential, parliamentary, and local elections occurred. 
International election monitors were not allowed to enter the country 
to observe any of the elections. International and local human rights 
advocates judged all three elections as neither free nor fair and 
asserted that they served to reassert the primacy and political 
monopoly of power wielded by President al-Asad and the Ba'ath Party 
apparatus.
    In May 2007 an unopposed referendum confirmed Bashar al-Asad as 
President for a second seven-year term. Although some opposition groups 
estimated voter turnout at significantly less than 50 percent, 
government statistics declared al-Asad had won 98 percent of the vote 
with voter turnout officially reported at 96 percent. Outside observers 
uniformly dismissed the voter statistics as fraudulent and not 
representative of observed participation. Citizens were not formally 
required by law to vote; however, voters received a stamp on their 
voter card, which authorities sometimes requested when providing 
services.
    The President appoints the vice Presidents, prime minister, deputy 
prime ministers, and Council of Ministers and has the discretion to 
change these appointments. The President and his senior aides, 
particularly those in the military and security services, made most 
political and economic decisions with a very limited degree of public 
accountability.
    The President and the Ba'ath Party suppressed political opposition. 
The constitution provides that the Ba'ath Party is the ruling party and 
ensures it has a majority in all government and popular associations, 
such as workers' and women's groups. The Ba'ath Party and nine other 
smaller satellite political parties comprise the NPF, originally 
established in 1971. The NPF represented the only framework for legal 
political party participation for citizens; however, the Ba'ath Party 
dominated it, and the on.--party character of the political system 
remained.
    The Ba'ath Party dominated the 250-member parliament, or People's 
Council. Parliamentarians can criticize policies and modify draft laws; 
however, the executive branch retains ultimate control over the 
legislative process. During parliamentary and local elections in August 
2007, NPF candidates won an overwhelming majority of offices in 
elections observers characterized as neither free nor fair. Some 
carefully vetted independents were permitted to run and win seats at 
both levels.
    Women and minorities, with the exception of the Jewish population 
and stateless Kurds, participated in the political system without 
restriction. During the year, a female vice President and two female 
cabinet ministers were in office. Thirty of the 250 MPs were women.
    The Government did not provide information on the ethnic or 
religious composition of parliament or the cabinet. According to human 
rights observers, ethnic and religious minorities claimed they had no 
genuine representation in the Government.
    In 2004 the Government banned all political activities by the 12 
Syrian Kurdish parties, although enforcement has varied. The Syrian MB 
has remained banned in the country since 1963.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, corruption and impunity 
remained serious problems. It is rare for the highest-level officials 
to be exposed to corruption charges. In nearly all cases, such charges 
were used by the regime as a political tool to attack its perceived 
enemies or rivals.
    At year's end the Government had dismissed approximately 300 public 
employees on charges of corruption and similar abuses.
    There are no laws providing for public access to government 
information. There are no public financial disclosure laws for public 
officials.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no legal domestic human rights groups, but approximately 
14 human rights groups operated illegally in the country. During the 
year there were reports of government harassment of domestic human 
rights activists, including regular, close surveillance and the 
imposition of travel bans on them as they sought to attend workshops 
and conferences outside the country.
    The Government stated that it responds in writing to all inquiries 
from NGOs regarding human rights issues, including the cases of 
individual detainees and prisoners, through an interagency governmental 
committee attached to the Ministry of Social Affairs and Labor. 
However, NGOs reported that they rarely receive responses from the 
Ministry. The Government normally responded to queries from human 
rights organizations and foreign embassies regarding specific cases by 
claiming that the case was still under investigation, that the prisoner 
in question violated national security laws, or, if the case was in 
criminal court, that the country has an independent judiciary and the 
executive cannot interfere.
    In general the Government remained highly suspicious of 
international human rights NGOs and typically did not allow them into 
the country; however, in June and July 2007 the Swiss NGO Geneva 
Institute for Human Rights offered human rights training for police 
officers in the country. The NGO worked closely with and eventually 
received the sponsorship of the MOI. Neither HRW nor AI visited the 
country during the year.
    In past years the Government had never allowed an international NGO 
to set up aid and development operations in the country. By year's end, 
according to the UNHCR, the Government had signed memoranda of 
understanding with 10 international humanitarian NGOs (Premiere 
Urgence, the Danish Refugee Council, International Medical Corps, the 
Qatari Red Crescent, the Institut Europe de Cooperation et de 
Developpement, the Turkish Blue Crescent, Enfants du Monde Droits de 
l'Homme, HELP, International Rescue Committee, and the Islamic Relief 
France), officially authorizing them to begin work in the country. At 
year's end three of the 10 had begun operating: Premiere Urgence, the 
Danish Refugee Council, and International Medical Corps.
    As a matter of policy, the Government has denied in the past to 
international human rights groups that it commits human rights abuses.
    On February 14, UN High Commissioner for Refugees Antonio Guterres 
visited the country and met with President Asad. Guterres stated that 
he received assurances from the President that Iraqi refugees would not 
be sent back against their will.
    From April 7 to 10, UNRWA Commissioner-General Karen AbuZayd 
attended meetings with First Lady Asma al-Asad, the prime minister, the 
deputy minister of foreign affairs, and the minister of social affairs 
and labor to discuss UNRWA's growing microfinance program, its Neirab 
rehousing project in Aleppo, its reform efforts, and the overall 
situation of Palestine refugees in the country. She returned for the 
October 14 launch of UNRWA's ``Violence-Free Schools'' campaign and the 
opening of new school buildings in Homs and Khan Eshieh camps. The 
General Authority for Palestinian Arab Refugees supported her visit and 
cooperated in the Agency's campaign. As in past years, UNRWA reported 
having a ``highly productive'' working relationship with the Syrian 
government.
    On June 9, 23 members and observers from the UNRWA Advisory 
Commission visited a Damascus refugee training center and a number of 
projects in the Yarmouk Camp. In addition, the commission held a 
meeting on June 10 and 11 under Syria's chairmanship. UNRWA 
Commissioner-General Karen AbuZayd attended.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equal rights and equal opportunity 
for all citizens, and discrimination based on race, gender, disability, 
language, or social status is prohibited; however, the Government did 
not enforce the law effectively. For example, membership in the Ba'ath 
Party or close familial relations with a prominent party member or 
powerful government official helped economic, social, or educational 
advancement. Party or government connections paved the way for entrance 
into better elementary and secondary schools, access to lucrative 
employment, and greater power within the Government, the military, and 
the security services. Certain prominent positions, such as that of 
provincial governor, were reserved solely for Ba'ath Party members. 
There was governmental and societal discrimination against stateless 
Kurds and Jews.

    Women.--Rape is a felony; however, there are no laws against 
spousal rape. According to the law, ``the punishment for a man who 
rapes a woman (other than his wife) is at least 15 years in prison.'' 
However, if the individual who commits the crime agrees to marry the 
victim, he faces no punishment. The victim's family sometimes agrees to 
this arrangement to avoid the social scandal and stigma attached to 
rape. If the victim is too young for marriage, the rapist receives a 
longer prison sentence. No statistics were kept on spousal rape because 
it is not a crime under the law.
    The law does not specifically prohibit domestic violence, and 
violence against women occurred during the year. A 2006 study reported 
that as many as one in four women surveyed had been victims of 
violence. The vast majority of domestic violence and sexual assault 
cases likely went unreported, as some victims were reluctant to seek 
assistance outside the family. Observers reported that when some abused 
women tried to file a police report, the police did not respond 
aggressively, if at all, to their claims. Women reported incidents at 
police stations of sexual harassment, verbal abuse, hair pulling, and 
slapping by police officers when attempting to file police reports, 
particularly at the Criminal Security branch at Bab Musallah in 
Damascus.
    Victims of domestic violence have the legal right to seek redress 
in court, but few did so because of the social stigma attached to such 
action. The Syrian Women's Federation offered counseling services to 
battered wives to remedy individual family problems. The Syrian Family 
Planning Association also provided counseling. Some private groups, 
including the Family Planning Association, organized seminars on 
violence against women. There was believed to be at least one private 
shelter specifically designated for battered women who fled from their 
husbands.
    The law specifically provides for reduced sentences in ``honor'' 
crimes; however, the Government began to discuss changing the law. In 
October the Syrian Commission for Family Affairs, in cooperation with 
the Ministries of Justice and Religious Endowments, convened a national 
forum to discuss the revocation of laws mitigating punishment for honor 
killings, and parliamentarians in attendance reportedly voiced support 
for the repeal.
    No official statistics were kept on honor crimes, and when cases 
were reported, full names were rarely given. Advocacy groups did not 
release full names in order to protect victims. However, there were 
numerous press and anecdotal reports of honor crimes throughout the 
year.
    In late December 2007 or early January 2008, Muhammad Saleem Kefaya 
slit the throat of his sister, Yasmina Kefaya, and then immediately 
turned himself into the police, claiming that he had killed her to 
``wash away'' the family's dishonor. Authorities had previously 
arrested Muhammad and Yasmina for theft and prostitution, respectively. 
There were no new developments on this case at year's end.
    A women's advocacy Web site reported on January 5 that 22-year-old 
Eman Watta was killed by her brother at their home near Idlib, in 
northwestern Syria. Watta's shame was that her husband divorced her and 
returned her to her parents' home because he suspected her of being 
disloyal. Watta's brother surrendered himself to police. At year's end 
there was no further information as to whether police had actually 
charged and imprisoned the individual.
    On February 28, a 23-year-old man named Haitham reportedly 
attempted to kill his 20-year-old sister Widad for having a second 
marriage without a legal divorce from her first husband. Haitham shot 
at his sister but hit and critically injured her second husband 
instead. There were no further developments in the case at year's end.
    In May, in Latakia, according to the Web site of the International 
Campaign Against Honor Killings, a local court sentenced an 
unidentified male to 15 years' imprisonment for the murder by shooting 
of his sister. The court made its decision based on a coroner's report 
stating that the victim's hymen was intact. The defendant claimed to 
have been told that his sister was concealing a pregnancy.
    On May 10, 14-year-old Zeina Daadoush was killed by her brother 
because of her purported relationship with a 16-year-old male youth.
    In September a man reportedly shot and killed his two sisters, 
Safanah and Joumana, in Ragga for dishonoring their family. The sisters 
had left home in 2007 without telling their family. The family filed a 
missing persons report with the police, which eventually led to the 
detention of the two sisters. Police released the two sisters to family 
members after the family signed a statement forswearing violent 
punishment. Eight months after their return, their brother killed them 
both at home and then surrendered to police. There were no further 
developments in the case at year's end.
    On September 15, a local women's advocacy Web site reported that in 
the town of Idlib, 17-year-old Dardaa was killed by her father as a 
result of her alleged involvement with a married man. The married man 
reportedly lured Dardaa to Damascus with the prospect of marriage. 
After a short time, he returned her to her family, never having married 
her. At year's end there were no further developments in this case.
    There were no new developments in the January 2007 case of the 
honor killing of 16-year-old Zahra al-Ezzo by her brother.
    The law prohibits prostitution, but it was not strictly enforced. 
During the year there was evidence that Iraqi women residing in the 
country, including minors, were increasingly resorting to prostitution 
in order to survive. Police placed criminal liability in nearly all the 
cases on the person in prostitution, not others involved. Anecdotal 
evidence also suggested that the country was a destination for sex 
tourism for men from other countries in the region.
    The UNHCR observed that there was a growing practice of muta'a, a 
temporary pleasure marriage conducted by some Shiite clerics. The 
length of these marriages are predetermined at the outset and become 
null and void once the agreed-upon term has passed. They can last as 
little as one day and primarily serve individuals seeking to legitimize 
patronizing prostitutes. However, the majority of Shiite clerics viewed 
the practice as suspect and did not conduct such marriages.
    The law prohibits sexual harassment and specifies different 
punishments depending on whether the victim is a minor or an adult. 
Sexual harassment was rarely reported.
    The constitution provides for equality between men and women and 
equal pay for equal work. Moreover, the Government sought to overcome 
traditional discriminatory attitudes toward women and encouraged 
women's education by ensuring equal access to educational institutions, 
including universities. The Commission for Family Affairs, the Ministry 
of Justice, and the Ministry for Social Affairs and Labor all share 
responsibilities in ensuring legal rights of women.
    The Government has not changed personal status, retirement, or 
social security laws that discriminate against women. Under criminal 
law, if a man and woman separately commit the same criminal act of 
adultery, the woman's punishment is double that of the man's. Also, for 
Muslims personal status law is based on the Government's interpretation 
and application of Shari'a, which discriminates against women.
    Husbands and wives can claim adultery as grounds for divorce; 
however, criminal law discriminates against women in this regard. A man 
can be accused of adultery only if his actions occur in the home that 
he shares with his wife; a woman can be accused of adultery regardless 
of venue. The court accepts any evidence a man presents when claiming 
adultery; if a woman attempts to file for divorce based on adultery, 
her husband must admit to the crime, or there must be a third witness 
to the act. During the year there were no reported cases where a woman 
successfully filed for divorce based on adultery.
    A divorced woman might not be entitled to alimony in some cases, 
particularly if she gave up her right to it in order to persuade her 
husband to agree to the divorce. In addition, under the Personal Status 
Law modified in 2003, a divorced mother loses the right to physical 
custody of her sons when they reach the age of 13 and of her daughters 
at age 15. Guardianship, or control over exercise of the legal rights 
of the children, always goes to the paternal side of the family after 
the age of 13 and 15, respectively.
    Inheritance for all citizens except Catholics is based on the 
Government's interpretation of Shari'a. Accordingly, Muslim women 
usually were granted half of the inheritance share of male heirs. In 
all communities, however, male heirs must provide financial support to 
the female relatives who inherit less. If they do not, females have the 
right to sue. During the year, however, there were reports that in some 
regions of the country custom prevailed over the law, and women were 
denied any inheritance whatsoever.
    For example, Turkish Weekly reported on October 18 that local 
communities in Deir al-Zur, a rural region in the northeastern region, 
denied women their legal inheritance. This report was based on a study 
conducted during the year by the Ministry of Social Affairs and Labor. 
According to the article, family and community members threatened and 
intimidated women into giving up pursuit of their lawful inheritance. 
In some cases women gave up their rights voluntarily.
    Polygamy is legal but was practiced only by a small number of 
Muslims.
    A husband, or any male relative, may request that his wife and his 
wife's children's travel abroad be prohibited. While official 
statistics were not available, foreign embassies reported a number of 
such incidents during the year. Women participated actively in public 
life and were represented in most professions, including the armed 
forces. Women were not impeded from owning or managing land or other 
real property. During the year women constituted approximately 13 
percent of judges, 18 percent of lawyers, 65 percent of teachers below 
university level, 27 percent of university professors, and 49 percent 
of university graduates. In addition, women accounted for 30 MPs, one 
cabinet minister, and one vice President. The President promoted a 
former cabinet minister to the position of political and media advisor 
to the President; she maintained ministerial rank.

    Children.--The Government provided free public education to citizen 
children from primary school through university. Education is 
compulsory for all children, male and female, between the ages of six 
and 12. Non-citizen children could also attend public schools for free 
but required prior permission from the Ministry of Education. According 
to a 2005 joint study by the UN Development Program and the State 
Planning Commission, 49.6 percent of students through the secondary 
level were female. Nevertheless, societal pressure for early marriage 
and childbearing interfered with girls' educational progress, 
particularly in rural areas, where the dropout rates for female 
students remained high.
    In general Palestinians and other noncitizens, including stateless 
Kurds, can send their children to school and universities; however, 
stateless Kurds are ineligible to receive a degree documenting their 
academic achievement.
    The legal age for marriage is 18 for males and 17 for females. 
However, a male 15 years of age or older and a female 13 years of age 
or older may be married if both are deemed by a judge to be willing 
parties to the marriage and ``physically mature'' and with consent by 
the father or grandfather. While underage marriage has declined 
considerably in the past decades, it was still common in the country. 
It occurred in all communities but tended to be more prevalent in rural 
and lesse.--developed regions.
    The law provides for severe penalties for those found guilty of the 
most serious abuses against children. Although there were cases of 
child abuse, there was no societal pattern of abuse against children.
    Human rights organizations reported multiple cases where security 
services detained minors and placed them in adult prisons.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, the Government does not fully comply with the minimum 
standards for the elimination of trafficking and did not make 
significant efforts to do so during the year. Syria was a destination 
and transit country for women trafficked from South and Southeast Asia 
and Africa for the purpose of domestic servitude and from Eastern 
Europe and Iraq for sexual exploitation. There were no statistics 
available on the scope and type of trafficking that exists.
    There were reports by NGOs and the press indicating that Iraqi 
women and girls may be subjected to forced commercial sexual 
exploitation, some by Iraqi criminal networks in the country. No 
reliable statistics were available regarding the number of Iraqi 
refugees working as prostitutes. Credible sources reported that police 
detained and either released or deported back to Iraq approximately six 
to 10 Iraqi girls and 50 to 70 women each month for prostitution. In 
many cases where women or girls were returned to Iraq, they were 
frequently retrafficked back into Syria. Police placed criminal 
liability in nearly all on the female, not the traffickers.
    A 2003 International Organization for Migration (IOM) study also 
indicated that some individuals brought into the country to work as 
domestic workers suffered conditions that constituted involuntary 
servitude, including physical and sexual abuse, threats of deportation 
or other legal consequences, denial or delayed payment of wages, 
withholding of passports, and restriction of movement. The IOM study 
documented cases in which manpower agencies in the country that hired 
foreign domestic workers lured some victims through fraudulent or 
deceptive offers of employment, despite the fact that such manpower 
agencies are banned.
    The penal code stipulates that whoever incarcerates another person 
is subjected to a prison sentence of six months to two years, including 
hard labor if the incarceration lasts for more than one month or 
includes torture. The law also states that any foreigner who tries to 
enter the country with false documentation and anyone who may have 
aided that foreigner is subject to imprisonment of three months to one 
year and a fine of 500 to 2,000 pounds ($10-$40). However, these laws 
were not enforced for antitrafficking purposes in practice during the 
year.
    The Government did not provide victims of trafficking with shelter 
or other rehabilitative services, and some minor victims were 
reportedly housed in juvenile detention facilities.
    In August Oasis, a women's shelter in Damascus, opened its doors 
under the supervision of the Association for Women's Role Development, 
a local organization sponsored by First Lady Asma al-Asad.
    The UNHCR operated several safe houses in Damascus for women deemed 
``at risk.'' They provided financial assistance to more than 20,000 
female victims at all age levels, 2,116 of whom represented single 
female households.
    On December 31, the first shelter for victims of trafficking in the 
country opened in cooperation between the IOM, the Ministry of Social 
Affairs and Labor (MSAL), and local NGOs. MSAL provided the premises 
for the shelter, which provided victims a temporary safe haven, 
psychosocial support, life skills development, and return and 
reintegration assistance. It also provided direct livelihood assistance 
to potential vulnerable groups of Iraqi women and children and other 
nationalities.
    In addition, a local Christian convent operated a women's shelter 
and a daily hot line, and it also offered free legal counsel.
    The Government also does not regulate illegal employment agencies 
that bring in and, in some cases, facilitate victims' exploitation. The 
Governments of Sri Lanka, Indonesia, East Timor, and the Philippines 
banned their citizens from taking employment as domestic workers in the 
country due to the absence of formal mechanisms to regulate such 
employment. Despite public statements by officials of their intent to 
pass legislation to regulate private manpower agencies, which operated 
illegally in the country, no progress on the matter was made public.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities and seeks to integrate them into the 
public sector work force; however, implementation remained 
inconsistent. The law protects persons with disabilities from being 
discriminated against when it comes to education, access to health, or 
provision of other state services. Government regulations reserve 4 
percent of government and public-sector jobs for persons with 
disabilities. There are no laws that mandate access to public buildings 
for persons with disabilities. MSAL is responsible for assisting 
persons with disabilities and worked through dedicated charities or 
organizations to provide assistance, often to promote self-sufficiency 
through vocational training.

    National/Racial/Ethnic Minorities.--The Government generally 
permitted national and ethnic minorities to conduct traditional, 
religious, and cultural activities; however, the Government's attitude 
toward the Kurdish minority remained a significant exception.
    Security services arrested hundreds of Kurdish citizens during the 
year, and the SSSC prosecuted them, in most cases on charges of seeking 
to annex part of Syria to another country.
    On February 17, security forces reportedly arrested two Kurdish 
activists and PYD supporters, Jehan Muhammad Ali and Hanifa Habo, after 
the two attended a demonstration in Aleppo on the anniversary of 
Kurdish leader Abdullah Ocalan's arrest. Both men remained detained at 
year's end.
    On February 20, security services reportedly arrested Kurdish 
citizen Jaker Khwen Mala Ahmad for his participation in the Yekiti 
party. He was released on February 25 without being charged.
    On March 4, authorities arrested Kurdish citizen Nalin Jamal Sarik, 
who had participated in a PYD-sponsored gathering in Qamishli.
    On April 22, authorities reportedly arrested four Kurds in Ifreen, 
including Muhammad Rasho, Bakara Muslim, and Saema Ismael. There were 
no further developments in this case at year's end.
    On March 20, according to a local human rights group, authorities 
arrested Aras al-Yosef and Bawer Abdulrazaq Oso, both Kurds and 
university students. Al-Yosef and Oso were released on March 21 and 23, 
respectively.
    On May 5, a security patrol reportedly arrested two Kurds, Bahrouz 
Sarif Yousef and Hussein Biro Darwish, in Damascus. A human rights 
organization's report alleged the reason for their detention was their 
public stance on Kurdish issues. Yousef was released in July; there 
were no further developments in Darwish's case at year's end.
    On October 26, security forces reportedly arrested two leaders of 
the Kurdish Azadi Party, Saadun Mahmoud Sheykho and Muhammed Said 
Hussein al-Omar, and detained them in Ra's al-Ayn, a city on the 
Turkish border in northeastern Syria. At year's end their whereabouts 
remained unknown.
    On November 2, Hervin Osse, Hasan Saleh, Fouad Aleko, and Abdul 
Hakim Bashar were among more than 191 Kurds whom security forces 
arrested in connection with an attempted demonstration in front of the 
parliament building in Damascus. The protesters intended a peaceful 
sit-in, but they were rounded up by police before reaching the 
parliament. Nearly all were released the same evening.
    On March 5, authorities released Kurdish political activist Marouf 
Mella Ahmad. Mella, a leading figure in the Yeketi Party, was detained 
in August 2007.
    According to a human rights group, during the year authorities 
released from detention 36 Kurdish youth held since November 2007. All 
the individuals were reportedly from Ein al-Arab, a small city on the 
Syri.--Turkey border.
    There were no further developments in the 2007 case of Muhammad 
Khalil Abo Zaid.
    The trial of 49 Kurds connected to the 2005 protest following 
Kurdish Sheikh Mashook al-Khaznawi's kidnapping and death continued at 
year's end with no notable developments, despite the Government's 
announcement that they were granted amnesty in 2006. The most recent 
trial appearance took place on March 13, at which time the trial was 
postponed until August 5. The trial was ongoing at year's end.
    Although the Government contended that there was no discrimination 
against the Kurdish population, it placed limits on the use and 
teaching of the Kurdish language. It also restricted the publication of 
books and other materials written in Kurdish, Kurdish cultural 
expression, and at times, the celebration of Kurdish festivals.
    For example, in February security forces reportedly arrested 71-
year-old Kurdish singer Ali Tajo. There were conflicting stories 
surrounding his disappearance. One Kurdish human rights organization 
claimed that a Kurdish television program in Iraq had scheduled Ali 
Tajo to participate in a folkloric production and that he was arrested 
at the Syria-Iraq border. A second Kurdish group stated that Tajo had 
entertained a group of Kurdish singers from Iraqi Kurdistan in his 
Aleppo home. Afterwards, local police raided Tajo's home and took him 
in for interrogation before eventually handing him over to security 
forces in Damascus. There was no further information on this case at 
year's end.
    On November 11, according to human rights observers, the governor 
of Hassakeh and the chairman of the city council approved the 
invitation of the Narine Kurdish Folkloric troupe to participate in the 
closing ceremony of Al-Khabour Festival for Young Writers. On the eve 
of the performance, however, the troupe was informed they were 
prohibited from presenting their show. The Baath Party branch in 
Hassakeh allegedly issued the ban.
    On March 13, security forces reportedly arrested four Kurdish 
brothers, Joma'a, Ahmad, Muhammad, and Bahman Hamdo, three of whom 
worked as tailors producing traditional Kurdish clothing. At year's end 
their whereabouts were unknown.

    Other Societal Abuses and Discrimination.--There were no reports of 
violence or discrimination against persons with HIV/AIDS. However, 
there was a belief among human rights activists that the extent of the 
problem was widely underreported.
    The law criminalizes homosexuality.
Section 6. Worker Rights
    a. The Right of Association.--While the constitution provides for 
the right of association and to form unions, in practice workers were 
not free to establish unions independent of the Government. Foreign 
workers, according to a 2008 International Trade Union Confederation 
(ITUC) survey, may join the union representing their profession but may 
not stand for election to union offices. The ITUC report also stated 
that while the law does not prohibit labor strikes, they are severely 
restricted by threat of punishment and fines. All unions belonged to 
the General Federation of Trade Unions (GFTU), which was dominated by 
Ba'ath Party members and was part of the Government's bureaucratic 
structure. The GFTU advised the Government on legislation, organized 
workers, and formulated rules for various member unions, effectively 
controlling nearly all aspects of union activity. Union elections were 
generally free of direct, overt GFTU interference; however, successful 
campaigns usually required membership in the Ba'ath Party. The GFTU 
President was a senior member of the Ba'ath Party, and he and his 
deputy could attend cabinet meetings on economic affairs. According to 
the government-published 2007 Statistical Abstract, there were 204 
trade unions filling the ranks of the GFTU with a collective membership 
of 808,419 workers. This represents less than one third of the total 
labor force. Additionally, in 2007 there were 5,622 agricultural 
cooperatives with 994,820 members; 101 passenger transport cooperatives 
with 38,269 members; and 24 transport services cooperatives with 9,561 
members.
    By the end of the year, there were no reports that any individual 
union, the GFTU, or any cooperatives had exercised their right to 
collective bargaining. Additionally, there were no reports of strikes 
at the end of the year.
    The law does not prohibit strikes; however, previous government 
crackdowns, including fines and prison sentences, deterred workers from 
striking. Forced labor was imposed on individuals who caused 
``prejudice to the general production plan.''
    On February 26, security authorities in Qamishli reportedly 
arrested Kurdish unionist Jan Ahmad Rasool for critical comments made 
during a speech at a February 24 union meeting. Rasool was elected as 
an ``independent'' to a leadership role in the local Foodstuff and 
Tourism Union in 2007.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to bargain collectively; however, this right 
does not exist in practice as the unions were effectively led by Ba'ath 
Party officials closely tied to the Government. Government 
representatives were part of the bargaining process in the public 
sector. Public sector unions did not normally bargain collectively on 
wage issues, but union representatives participated with 
representatives of employers from the government-affiliated Chambers of 
Industry and Commerce and the supervising ministry in establishing 
minimum wages, hours, and conditions of employment in the private 
sector. Workers served on the boards of directors of public 
enterprises, and union representatives were included on the boards.
    The law provides for collective bargaining in the private sector, 
although past repression by the Government dissuaded most workers from 
exercising this right.
    Unions have the right to litigate disputes over work contracts and 
other workers' interests with employers and are able to ask for binding 
arbitration. In practice labor and management representatives settled 
most disputes without resort to legal remedies or arbitration. 
Management has the right to request arbitration, but that right seldom 
was exercised. Arbitration authority is vested in the Ministry of 
Justice's Administrative Petition Court. In practice this court did 
little more than certify agreements and had almost no role in 
arbitrating disputes, since such disputes did not occur with any 
regularity.
    There were no reports of antiunion discrimination. Since the unions 
were part of the Government's bureaucratic structure, the law protects 
union members from such discrimination.
    There were no unions in the seven free trade zones (FTZs). Firms in 
the zones were exempt from the laws and regulations governing hiring 
and firing, although they were required to observe some provisions on 
health, safety, hours, and sick and annual leave. Ninety percent of the 
workers in the FTZs were citizens.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
prohibit all forms of forced or compulsory labor and the problem 
existed. The Governments of Sri Lanka and the Philippines banned their 
citizens from taking employment as domestic workers in the country 
because of abuses and the lack of a mechanism to protect the rights of 
their citizens.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor law provides for the protection of children from exploitation in 
the workplace, and independent information and audits regarding 
government enforcement were not available.
    The private-sector minimum age for employment is 15 years for most 
types of nonagricultural labor and 18 years for heavy work. Working 
hours for youths of legal age are set at six hours per day. According 
to the law, youths are not allowed to work during night shifts, 
weekends, or on official holidays. In all cases parental permission is 
required for children under the age of 16 to work. The majority of 
children under age 16 who worked did so for their parents in the 
agricultural sector without remuneration. While the law prohibits 
children from working at night, it applies only to children who work 
for a salary. Those who work in family businesses and who are 
technically not paid a salary--a common occurrence--do not fall under 
the law. Children under age 15 are prohibited by law from working in 
mines, at petroleum sites, or in other dangerous areas. Children are 
not allowed to lift, carry, or drag heavy objects.
    According to a February 2007 report by the Arab Council for 
Childhood and Development, the total number of citizen children who 
performed ``tough jobs in unhealthy working conditions'' was more than 
600,000. Also, there was evidence that children engaged in some of the 
worst forms of child labor during the year, including forced labor and 
prostitution. The Government, however, did little to address the 
problem. In 2006 the minister of social affairs and labor stated that 
most children who worked did so seasonally and for limited amounts of 
time.
    The Ministry of Labor and Social Affairs monitored employment 
conditions for persons under the age of 18; however, there were too few 
inspectors to ensure compliance with the laws. The Labor Inspection 
Department performed unannounced spot checks of employers on a daily 
basis to enforce the law, but the scope of these checks was unknown.

    e. Acceptable Conditions of Work.--The minimum wage was 6,110 
pounds ($131.40) per month, plus benefits, including compensation for 
meals, uniforms, and transportation. The minimum wage did not provide a 
decent standard of living for a worker and family; however, private-
sector companies usually paid much higher wages than the minimum. Also, 
many workers in both the public- and private-sectors took additional 
jobs or were supported by their extended families.
    The labor and social affairs minister was responsible for enforcing 
minimum wage.
    The public sector work week was 35 hours; the private sector's was 
48 hours. Workers were guaranteed one 30-minute lunch break per day at 
minimum, although anecdotal evidence suggested that many workers 
enjoyed longer lunch breaks and short, informal breaks during the day. 
Premium pay exists for overtime worked, and a prohibition on excessive 
compulsory overtime exists in several sectors.
    Officials from the Ministries of Health and Labor were designated 
to inspect work sites for compliance with health and safety standards; 
however, such inspections were sporadic, apart from those conducted in 
hotels and other facilities that catered to foreigners. The enforcement 
of labor laws in rural areas was more lax than in urban areas, where 
there were a larger number of inspectors. Workers may lodge complaints 
about health and safety conditions with special committees established 
to adjudicate such cases. Workers have the right to remove themselves 
from hazardous conditions without risking loss of employment. There is 
no legal framework governing relations between domestic workers and 
their employers, and the Government did not educate employers or 
workers on the rights of domestic workers. The law provides protection 
for foreign workers who reside legally in the country but not for the 
unknown number of illegal workers in the country.

                               __________

                                TUNISIA

    Tunisia is a constitutional republic with a population of 
approximately 10 million, dominated by a single political party, the 
Democratic Constitutional Rally (RCD). Zine El Abidine Ben Ali has been 
the President since 1987. The international community generally did not 
consider the 2004 Presidential election to be free and fair. President 
Ben Ali ran against three opposition candidates and was declared the 
winner with approximately 94 percent of the popular vote. In concurrent 
elections for the Chamber of Deputies, the RCD won 152 of the 189 
seats. During the year the indirect elections for some members of the 
Chamber of Advisors, the upper house of parliament, resulted in a 
heavily pro-RCD body. The civilian authorities generally maintained 
effective control of the security forces.
    There were significant limitations on citizens' right to change 
their government. Local and international nongovernmental organizations 
(NGOs) reported that security forces tortured and physically abused 
prisoners and detainees and arbitrarily arrested and detained 
individuals. Security forces acted with impunity sanctioned by high-
ranking officials. There were also reports of lengthy pretrial and 
incommunicado detention. The Government infringed on citizens' privacy 
rights and continued to impose severe restrictions on freedoms of 
speech, press, assembly, and association. The Government remained 
intolerant of public criticism, and there were widespread reports that 
it used intimidation, criminal investigations, the judicial system, 
arbitrary arrests, residential restrictions, and travel controls to 
discourage criticism by human rights and opposition activists. Media 
freedom was severely restricted during the year and corruption 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces killed demonstrators during the year.
    On May 6, according to domestic NGOs, protestor Hichem Alaimi was 
fatally electrocuted at a power station in Redeyef when local officials 
proceeded to restore power to the station, although Alaimi and others 
refused to let go of the cables after alleged warnings by officials 
that power would be restored. Protestors had temporarily shut down the 
generator during a sit-in protesting unemployment. Two other protestors 
were non-fatally electrocuted.
    On June 6, security forces shot and killed Hafnaoui Al-Maghzaoui 
during an unemployment protest in Redeyef. Security forces also shot 
Abdelkhalak Amaidi, who died on September 13 due to complications 
resulting from the wound. Government officials claimed that protestors 
threw Molotov cocktails at security forces, prompting them to open 
fire; however, local civil society leaders maintained that the protest 
was peaceful and that security forces began firing without warning. At 
year's end there was an investigation into the circumstances of the 
shootings, but no charges had been filed.
    There were no developments in the 2006 case of Tarek Ayari, 
allegedly killed by Bechir Rahali, a Tunis police chief, who hit the 
victim on the head with the handle of a pickaxe.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, according to 
human rights organizations, security forces tortured detainees to 
elicit confessions and discourage resistance. Reported abuses included 
sexual abuse; sleep deprivation; electric shock; death threats; 
submersion of the head in water; beatings with hands, sticks, and 
police batons; suspension, sometimes manacled, from cell doors and rods 
resulting in loss of consciousness; and cigarette burns. According to 
international human rights groups, on occasion, police and prison 
officials used threatened and actual sexual assault against prisoners' 
wives and daughters to extract information, intimidate, and punish.
    Charges of torture in specific cases were difficult to prove, and 
authorities generally did not take steps to investigate allegations or 
punish perpetrators. There were several allegations that authorities 
often denied victims of torture access to medical care until evidence 
of abuse disappeared. The Government maintained that it investigated 
all complaints of torture and mistreatment filed with the prosecutor's 
office and noted that alleged victims sometimes accused police of 
torture without filing a complaint, a prerequisite for an 
investigation. However, according to defense attorneys and local and 
international human rights groups, police routinely refused to register 
complaints. In addition, judges dismissed complaints without 
investigation and accepted as evidence confessions allegedly extracted 
through torture. The Government can open an administrative 
investigation of allegations of torture or mistreatment of prisoners 
without a formal complaint; however, in those cases the results were 
not made public or available to the lawyers of affected prisoners.
    Consistent with an effort to extract information or coerce 
confessions, reports of torture were more frequently associated with 
the initial phases of interrogation/investigation and in pretrial 
detention centers more than prisons. Human rights activists, citing 
prisoner accounts, identified facilities at the Ministry of Interior 
(MOI) as the most common location for torture. Political prisoners, 
Islamists, and persons detained on terrorist-related charges allegedly 
received harsher treatment than other prisoners and detainees.
    Defense attorneys for protestors arrested during the January to 
June unemployment protests in the southwestern region of Tunisia allege 
that their clients were tortured while in police custody but have not 
been able to obtain cour.--ordered medical exams to prove their 
charges.
    According to local NGO, Freedom and Equity, Gafsa prison guards 
raped Wahid Brahmi, sentenced to two years and four months in prison on 
charges of spreading false information, during his incarceration 
beginning on February 12. The guards threatened reprisals if Brahmi 
told his family what happened to him. Brahmi made several complaints to 
the head of the prison, but his complaints were dismissed, and 
authorities transferred him to Mornaguia Prison. At year's end Brahmi 
remained in prison.
    On July 25, security forces arrested Zakia Dhifaoui, a teacher, 
journalist, and member of the opposition Democratic Forum for Freedom 
and Labor (FDTL), after she took part in a demonstration in Redeyef. On 
September 15, a court sentenced her to four-and-a-1half months in 
prison on charges of participating in an illegal demonstration. During 
her trial, Dhifaoui told the judge she was harassed by security 
officials. Authorities granted her early release on November 4, and 
upon her release, Dhifaoui told the international press that she had 
been raped by prison officials while incarcerated.
    On January 16, the Tunis Court of First Instance acquitted and 
released Oualid Layouni after he had been detained at Mornaguia Prison 
since January 2007. There was no investigation of his allegations that 
officials hit him on the head and body, confined him to a small space 
without natural light or aeration, and subjected him to sleep 
deprivation.
    On May 23, the Court of Cassation confirmed the convictions on 
terrorism charges of Ramzi el Aifi, Ousama Abbadi, and Mahdi Ben Elhaj 
Ali, sentenced to life, 30 years, and eight years in prison, 
respectively. There was no investigation into the men's November 2007 
allegations of torture, including Aifi's claim that officials inserted 
a stick into his anus, and the men remained in prison at year's end.
    There were no developments in the December 2007 case of 30 citizens 
who alleged torture by security forces, or the 2006 case of Aymen Ben 
Belgacem Dridi who reported that security forces beat, kicked, and 
subjected him to falka (beatings on the soles of the feet) in the Borj 
el-Roumi prison.
    On May 23, the Court of Cassation upheld Mohamed Amine Jaziri's 30-
year sentence. He was arrested in 2006 on terrorist-related charges. 
From 2006 to January 2007 authorities reportedly blindfolded, bound, 
and beat him with electric cables. At year's end he remained in prison, 
and there had been no public investigation of his allegations.
    Police assaulted human rights and opposition activists throughout 
the year.
    On February 18, according to the Committee for the Respect of 
Freedom and Human Rights in Tunisia (CRLDHT), security forces assaulted 
CRLDHT Secretary General Fatma Ksila and Tunisian Association for 
Combating Terrorism (ATLT) member Samia Abbou and prevented them from 
meeting with torture victims' families. The officers allegedly hit 
Ksila and Abbou repeatedly, abused them verbally, and confiscated their 
cash, a camera, and a tape recorder.
    On April 17, security forces assaulted a member of the opposition 
Progressive Democratic Party (PDP) while she was selling copies of the 
PDP's Arabic weekly in central Tunis.
    On June 18, according to an Agence France-Presse report, four 
security officers attacked and kicked Hamma Hammami, a member of an 
unregistered political party, in front of his 9-year-old daughter as he 
was leaving his home.
    There were no developments in the June 2007 case of regional union 
leader Khaled Barhoumi, reportedly attacked by police during a protest; 
the August 2007 case of Aymen Rezgui, assaulted by police as he was 
leaving a PDP press conference; or the 2006 case of lawyers Ayachi 
Hammami, Abderraouf Ayadi, and Abderrazak Kilani, reportedly assaulted 
while they were staging a three-week sit-in to protest a new law 
creating a government-controlled training institute for lawyers.

    Prison and Detention Center Conditions.--Prison conditions 
generally did not meet international standards. Overcrowding and 
limited medical care posed a significant threat to prisoners' health. 
During the year there were credible reports that authorities sometimes 
denied injured or sick prisoners prompt access to medical care. The 
Government permits the International Committee of the Red Cross (ICRC) 
access to prisons, but not other independent human rights observers.
    According to human rights organizations, prison conditions in the 
country continued to fall short of minimum adequate standards. Hygiene 
was extremely poor, and prisoners rarely had access to showers and 
washing facilities. Sources reported that 40 to 50 prisoners were 
typically confined to a single 194-square-foot cell, and up to 140 
prisoners shared a 323-square-foot cell. Most prisoners were forced to 
share beds or sleep on the floor. Current and former prisoners reported 
that lack of basic facilities forced inmates to share a single water 
and toilet facility with more than 100 cellmates, creating serious 
sanitation problems. Contagious diseases, particularly scabies, were 
widespread, and prisoners did not have access to adequate medical care. 
Additional discriminatory and arbitrary measures such as restrictions 
on family visits worsened the conditions for detainees, particularly 
when prisoners sought redress for grievances about treatment and 
conditions.
    According to domestic and international human rights organizations, 
from April to May, Sfax prison officials denied journalist Slim 
Boukhdhir access to a shower for six weeks. As a result, he developed 
scabies, and for a time prison officials withheld medication. In 
addition, on May 27, an inmate threatened to stab Boukhdhir, and guards 
near his cell did not respond to his repeated calls for help.
    According to international NGOs, on November 11, prison officials 
at Mornaguia Prison refused to give former prisoner Ridha Boukadi, who 
suffered from kidney problems, his medical file. President Ben Ali 
granted Boukadi conditional release on November 4 after more than a 
decade in prison.
    On April 5 and April 20, security forces allegedly beat Adnan 
Hajji, and also extinguished lit cigarettes on his skin. On December 
11, a court in Gafsa sentenced Hajji to ten years in prison on charges 
of forming a criminal group with the intent of destroying public and 
private property, leading an armed rebellion, and assault on officials 
during the exercise of their duties.
    Political prisoners were separated from the general prison 
population and were under the authority of security forces working for 
the Department of State Security in the MOI and Local Development 
instead of Ministry of Justice (MOJ) officials. Other inmates were 
instructed to stay away from political prisoners and were punished 
severely for making contact with them. In addition, Human Rights Watch 
(HRW) reported that the Government continued to keep some political 
prisoners, most of whom were outlawed Islamist party Al-Nahdha leaders 
in small-group isolation; however, the Government released the 
remaining al-Nahdha prisoners on November 4. Former Al-Nahdha President 
Sadok Chourou, one of those released on November 4, was subsequently 
rearrested on December 3, shortly after giving an interview to the 
London-based satellite television station Al-Hiwar. He was sentenced to 
one year in prison for membership in an unauthorized organization on 
December 13.
    According to prisoner and detainee testimony, prison conditions for 
women were generally better than those for men. On July 23, the 
Government passed a law mandating that prisons have separate areas for 
pregnant women and nursing mothers. The law also reduced the period of 
time infants and toddlers are allowed to reside with their mothers from 
three years to one. The law requires that pretrial detainees be held 
separately from convicted prisoners, but in practice they were not 
always separate.
    The ICRC continued to visit detainees in prisons and detention 
facilities in the country. Per ICRC standard modalities, its 
observations and recommendations were shared on a confidential and 
bilateral basis with the authorities. The Government did not permit 
media to inspect or monitor prison conditions.
    The Governmental Higher Commission on Human Rights and Civil 
Liberties (HCHR) continued to make unannounced prison visits and 
inspections of MOJ facilities during the year; however, the HCHR's 
reports were not made public.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but the Government did not observe these 
prohibitions.

    Role of the Police and Security Apparatus.--The MOI controls 
several law enforcement organizations including the police, who have 
primary responsibility within the major cities; the National Guard, 
which has responsibility for border security and policing smaller 
cities and the countryside; and state security forces, which monitor 
groups and individuals that the Government considers to be a threat, 
such as opposition parties and leaders, the media, Islamists, and human 
rights activists.
    In general law enforcement groups were disciplined, organized, and 
effective; however, incidents of petty corruption and police brutality 
took place. Law enforcement organizations operated with impunity 
sanctioned by high-ranking officials. Police attacked dissidents and 
oppositionists.
    The MOI's Higher Institute of Internal Security Forces and Customs 
has oversight of law enforcement officers in the ministries of interior 
and customs. The organization's stated mission was to reinforce human 
rights and improve law enforcement; however, no information was 
available about its operations, and no information was available about 
any punishment of police and prison guards.

    Arrest and Detention.--The law provides that the police must have a 
warrant to arrest a suspect, unless the crime committed is a felony or 
is in progress; however, arbitrary arrests and detentions occurred. The 
penal code permits detention for up to six days prior to arraignment, 
during which time the Government may hold suspects incommunicado. This 
requirement, however, was not always observed. For example, a 2007 
National Council for Freedom and Labor (CNLT) report documented 24 
cases in which the six-day pre-arraignment detention reportedly was 
exceeded. Arresting officers are required to inform detainees of their 
rights, immediately inform detainees' families of the arrest, and make 
a complete record of the times and dates of such notifications, but 
those rules were sometimes ignored. Detainees were allowed access to 
family members when they were not being held incommunicado, although 
the Government did not always facilitate the efforts of family members 
to identify the whereabouts of their detained relatives.
    Detainees have the right to know the grounds of their arrest before 
questioning and may request a medical examination. They do not have a 
right to legal representation during the pre-arraignment detention. 
Attorneys, human rights monitors, and former detainees maintained that 
authorities illegally extended detainment by falsifying arrest dates. 
Police reportedly extorted money from families of innocent detainees in 
exchange for dropping charges against them.
    The law permits the release of accused persons on bail, and 
detainees have the right to be represented by counsel during 
arraignment. The Government provides legal representation for 
indigents. At arraignment the examining magistrate may decide to 
release the accused or remand him to pretrial detention.
    In cases involving crimes for which the sentence may exceed five 
years or that involve national security, pretrial detention may last an 
initial period of six months and may be extended by court order for two 
additional four-month periods. For crimes in which the sentence may not 
exceed five years, the court may extend the initial six-month pretrial 
detention by an additional three months only. During this pretrial 
stage, the court conducts an investigation, hears arguments, and 
accepts evidence and motions from both parties. Complaints of prolonged 
pretrial detention were common.
    On June 25, according to Amnesty International (AI), police 
arrested Zied Fakraoui but failed to notify his family of his 
whereabouts until July 2 when local government officials told 
Fakraoui's lawyers that he had been brought before an investigating 
magistrate without the presence of counsel. At year's end Fakraoui was 
believed to still be in custody.
    On August 27, police arrested International Association for the 
Support of Political Prisoners (AISPP) member Tarek Soussi shortly 
after his interview with Al-Jazeera regarding several recent arrests. 
He was charged with spreading false news likely to disturb public 
order. According to Reporters Without Borders (RWB), security forces 
did not present a warrant at the time of Soussi's arrest and posed as 
electric company employees to gain entrance to his home. Soussi was 
released on September 25, following a ruling by the Bizerte Court of 
Appeals. At year's end no court date had been set.
    There were no developments in the May 2007 case of founding AISPP 
member Lassaad Jouhri, reportedly detained by police for approximately 
12 hours and questioned on his plans to accompany international NGOs 
Human Rights First (HRF) and Frontline to El Kef prison.
    According to international and domestic human rights organizations, 
police arrested individuals (more than one thousand since late 2006) 
following security operations to disrupt an armed cell that was 
plotting to carry out terrorist attacks. Families made inquiries about 
the individuals, but authorities provided no information. Local and 
international groups have expressed concern that authorities held the 
arrested in incommunicado detention at the MOI State Security 
Department, where they would be at risk of torture and other il.--
treatment.
    Although 30 suspects charged with plotting against state security 
were convicted, the total number of those in pretrial detention is 
unknown.

    Amnesty.--The Government did not grant amnesty during the year; 
however, judges sometimes exercised their authority to release 
prisoners or suspend their sentences in favor of conditional parole.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the executive branch and the President 
strongly influenced judicial procedures, particularly in political 
cases. The executive branch exercised indirect authority over the 
judiciary through the appointment, assignment, tenure, and transfer of 
judges, rendering the system susceptible to pressure. The President 
headed the Supreme Council of Judges, composed primarily of 
Presidential appointees.
    The law provides citizens legal recourse to an administrative 
tribunal to address grievances against government ministries, although 
officials rarely respected the tribunal's nonbinding decisions. The 
Government permitted observers from diplomatic missions and foreign 
journalists to monitor trials. Observers may be allowed to attend 
sessions of military tribunals at the court's discretion.
    The training institute for lawyers that President Ben Ali signed 
into law in 2006 became operational in October. Once it was granted a 
management role, the Tunisian Bar Association no longer opposed the 
creation of the institute; previously it argued that the institute 
would undermine judicial independence by giving the Government control 
of those admitted to the bar.
    The civil court system is a three-tiered hierarchy. At the first 
level, there are 51 district courts, in which a single judge hears each 
case. At the second level there are 24 courts of first instance, which 
serve as the appellate courts for the district courts but also have 
original jurisdiction for more serious cases. The Court of Cassation 
(or Supreme Court) serves as the final court of appeals. The Supreme 
Court considers only arguments pertaining to points of law. The 
organization of the criminal court system is similar to that of the 
civil court system. In most cases the presiding judge or a panel of 
judges dominates a trial, and attorneys have little opportunity to 
participate substantively.
    Military courts fall under the Ministry of Defense. Military 
tribunals have the authority to try cases involving military personnel 
and civilians accused of national security crimes. Defendants may 
appeal the military tribunal's verdict to the civilian Supreme Court. 
In 2007, according to AI, the military courts sentenced at least 15 
civilians to up to 10 years' imprisonment.
    There is also an administrative tribunal, which hears 
administrative cases between citizens and the Government.

    Trial Procedures.--The law extends the same trial procedure rights 
to all citizens, and it provides for the right to a fair trial; 
however, according to international and domestic NGOs, this did not 
often occur in practice.
    Trials in the regular courts of first instance and in the courts of 
appeal are open to the public. By law the accused has the right to be 
present at trial, to be represented by counsel (provided at public 
expense for the indigent), and to question witnesses; however, judges 
did not always observe these rights in practice. The law permits the 
trial in absentia of fugitives from the law. Both the accused and the 
prosecutor may appeal decisions of the lower courts.
    The law provides that defendants are presumed innocent until proven 
guilty; however, that presumption was sometimes ignored in practice, 
especially in politically sensitive cases. Defendants may request a 
different judge if they believe the assigned one is not impartial; 
however, judges are not required to recuse themselves. Juries are not 
used.
    Lengthy trial delays remained a problem. Defendants do not have the 
right to a speedy trial, nor is there any time limit on cases. Defense 
lawyers claimed that judges sometimes refused to let them call 
witnesses on their clients' behalf or to question key government 
witnesses. Defense lawyers contended that the courts often failed to 
grant adequate notice of trial dates or allow time to prepare their 
cases. There were reports that judges restricted access to court 
records and evidence, especially to that held by the Government, and in 
some cases required all the lawyers working on a case to examine 
documents together on a single date in judges' chambers, without 
allowing them to copy relevant documents.
    Lawyers and human rights organizations reported that courts 
routinely failed to investigate allegations of torture and mistreatment 
and accepted as evidence confessions extracted through torture. These 
groups also reported that the summary nature of court sessions 
sometimes prevented reasoned deliberation and that erratic court 
schedules and procedures deterred observers of political trials.
    Although family and inheritance law is codified, civil law judges 
were known to apply Shari'a (Islamic law) in family cases if the two 
systems conflicted. Some families avoided the application of Shari'a 
inheritance rules by executing sales contracts between parents and 
children to ensure that daughters received shares of property equal to 
that of sons.

    Political Prisoners and Detainees.--The number of political 
prisoners remained unknown. Human rights organizations alleged that the 
Government had arrested and imprisoned approximately 2,000 persons 
since 2005 without sufficient evidence that they had committed or 
planned to commit terrorist acts. Human rights activists and lawyers 
alleged that many of these detainees were tortured in MOI facilities 
and forced to sign confessions under duress.
    All remaining Al-Nahdha leaders in prison were pardoned, however 
one was subsequently re-arrested soon after his release.
    Former political prisoners stated that upon their release, 
officials failed to give them their identification cards, marked their 
identification cards in a specific way, or denied them the certificate 
attesting that they had served their sentences and were permitted to 
work. They also reported being closely monitored by both uniformed and 
plainclothes police.
    The ICRC and the HCHR had access to political prisoners in Ministry 
of Justice-controlled prisons and detention facilities.

    Civil Judicial Procedures and Remedies.--While a court system 
existed through which a human rights complaint could be made, the 
judiciary was not independent and impartial in cases involving human 
rights violations when the Government was involved. Administrative 
remedies were available through the Office of the Ombudsman at the 
Presidency or the Administrative Court under the Prime Ministry. 
However, decisions taken by these institutions were not binding and 
were often ignored by other government departments and agencies.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions ``except in exceptional 
cases defined by law;'' however, the Government generally did not 
respect these prohibitions in practice. Police sometimes ignored the 
requirement to have a warrant before conducting searches if authorities 
considered state security to be involved. Domestic NGOs and civil 
society activists reported that members of the security forces entered 
their offices when they were not present and searched without a 
warrant.
    Authorities may invoke state security to justify telephone 
surveillance. According to numerous reports by NGOs and the news media, 
the Government intercepted faxes and e-mails. The law does not 
explicitly authorize these activities, but the Government stated that 
the code of criminal procedure implicitly gives investigating 
magistrates such authority. Opposition political activists experienced 
frequent and sometimes extended interruptions of service to home and 
business telephones, faxes, and the Internet. Human rights activists 
accused the Government of using the postal code, with its broad and 
undefined prohibition against mail that threatens the public order, to 
interfere with their correspondence and interrupt the delivery of 
foreign publications. Authorities reportedly opened and read letters, 
many of which never reached the recipients. Security forces routinely 
monitored the activities, telephone, and Internet exchanges of 
opposition, Islamist, and human rights activists, as well as 
journalists, and placed some under surveillance.
    Human rights activists claimed that the Government punished family 
members of Islamist activists by denying them jobs, educational 
opportunities, business licenses, and travel due to their relatives' 
activism. Police also subjected relatives to surveillance and 
questioning. For example, during the week of April 13, according to 
RWB, two security officers threatened the family of journalist Taoufik 
Ben Brik.
    Human rights activists reported that the Government made it 
difficult for released prisoners suspected of Al-Nahdha membership to 
find employment. Other released political prisoners found it hard to 
get MOI statements that they had no criminal records, and even when not 
imprisoned, political activists and Islamists had their identification 
cards confiscated, which created problems with receiving health care, 
signing a lease, buying or driving a car, and accessing bank accounts 
and pensions. Police may demand identification cards at any time and 
may detain those unable to produce their cards until police establish 
their identity. AISPP member Lasaad Johri has not had an identification 
card since 1999.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
limited freedom of speech and of the press; however, the Government 
generally did not respect these rights in practice. The Government 
restricted press freedom and severely intimidated journalists, editors, 
and publishers into practicing self-censorship. Security forces closely 
monitored both foreign and domestic press activity.
    Individuals were not free to criticize the Government without fear 
of reprisal, and the Government restricted some types of speech. The 
law prohibits individuals from discussing national politics on foreign 
radio or television channels during the two weeks prior to national 
elections, with up to a 25,000 dinar (approximately $20,833) fine per 
offense. Security forces often questioned citizens seen talking with 
foreign visitors or residents, particularly visiting international 
human rights monitors and journalists. The Government also attempted to 
prevent private meetings with foreign diplomats and to influence public 
meetings by surrounding meeting places with scores of plainclothes 
policemen.
    On January 14, police arrested comedian Hedi Ouled Baballah for 
alleged possession of cannabis and counterfeiting, shortly after he 
performed a satirical comedy sketch about President Ben Ali. Baballah 
denied the charges against him and domestic and international NGOs 
alleged that he was framed, noting that in March 2007, after he 
performed a similar sketch, police arrested, beat, and detained him in 
Bouchoucha detention center for several days. On February 4, a court 
sentenced him to one year in prison and a 1,000 dinar (approximately 
$833) fine for ``possession of a category B drug;'' however, on March 
20, President Ben Ali granted Baballah an early release.
    The Government does not require licensing of print media; however, 
it rigidly controls print media through a publishing permit process. 
Print media must request a copyright registration from the MOI, which 
issues a receipt that constitutes an official permit to publish valid 
for one year. The Press Code requires that the receipt be issued before 
printing, effectively prohibiting any unlicensed publications. The code 
also requires the publisher to inform the MOI of any change of printer. 
Printers and publishers violating these rules are subject to 
substantial, per copy, personal fines under the Press Code.
    CNLT produced the on-line newspaper/magazine Kalima without a 
license, but it was accessible only from outside the country. On April 
26, the CNLT made its fifth attempt to register Kalima, but government 
officials refused to acknowledge their application had been received. 
International human rights NGOs alleged that the Government refused 
registration of Kalima due to its commentary critical of the 
Government. On October 8, the Kalima Web site was hacked and its 
archives destroyed. Previously, in May 2007 between 30 and 60 
plainclothes policemen reportedly blocked the entrance to Kalima's 
offices for more than six weeks, beginning shortly after Kalima's 
representatives met with members of international NGOs Frontline 
International and HRF.
    On November 13, the assistant general prosecutor summoned the 
Secretary General of the opposition FDTL to answer questions about an 
October 22 editorial in FDTL's Arabic weekly Mouatinoun. The editorial 
accused government officials of ordering the destruction of Kalima's 
Web site. Government officials also removed the Mouatinoun edition in 
question from newsstands.
    The Government stated that there were 950 foreign publications and 
newspapers distributed in the country and that 90 percent of domestic 
newspapers were ``privately owned and editorially independent.'' 
However, two of the eight mainstream dailies were government owned, two 
were owned by the ruling party, and two, although nominally private, 
reportedly took editorial direction from senior government officials. 
All media were subject to significant governmental pressure over 
subject matter. There were seven opposition party newspapers with small 
circulations. Five of them received government subsidies under a law 
providing government financing to papers representing opposition 
parties with seats in parliament.
    Broadcast media are controlled by the granting or denial of a 
frequency by the Tunisian Frequencies Agency, a part of the Ministry of 
Communications Technologies. These licenses, or acceptance of the 
application, are tightly restricted.
    Government regulations required foreign correspondents to obtain 
written approval before video recording in public. The Government 
controlled the satellite transmissions of local correspondents 
reporting for foreign television stations by refusing to license 
correspondents and insisting all correspondents use government-owned 
facilities for satellite uplinks.
    There were widespread reports that the Government impeded most 
criticism in the mainstream press and that it harassed, arrested, and 
abused journalists during the year, especially those active in 
opposition activities. The Government cited preserving public order as 
grounds to suppress criticism and used defamation laws to prosecute 
journalists however, journalists most often faced charges of unrelated 
offenses (such as counterfeiting), often by private parties. The law 
authorizes sentences up to five years in prison for offensive 
statements against the President and up to three years for defamation 
of constitutional bodies, including the Chamber of Deputies, Chamber of 
Advisors, constitutional councils, the administration, government 
members, or deputies.
    As a result of his coverage of the January to June unemployment 
protests in southwestern Tunisia for the private television station al-
Hiwar Attounsi, journalist Fahem Boukadous was sentenced on December 11 
in absentia to six years in prison on charges of disseminating 
information that might disturb public order and belonging to a criminal 
organization.
    On March 3, security forces assaulted human rights journalist Sihem 
Bensedrine and her husband Omar Mestiri, both members of the CNLT, upon 
their arrival at the port of La Goulette. They were held for six hours, 
and Bensedrine's arm was injured in the assault. Plainclothes officers 
confiscated several documents, which were not returned. On August 19, 
according to RWB, security officers prevented Bensedrine from boarding 
a flight to Europe. According to the International Freedom of 
Expression Exchange (IFEX), the officers were physically and verbally 
abusive and pushed her to the floor. At year's end there was no known 
investigation into the allegations.
    On July 4, former PDP Secretary General Nejib Chebbi was questioned 
on charges relating to defamation of the judicial system. The charges 
stem from an editorial in the May 9 edition of the PDP's Arabic weekly 
al-Mowqif. At year's end the case was ongoing.
    On June 6, according to RWB, security forces detained Mouwatinoun 
reporter Hedi Raddaoui for 36 hours after he attempted to photograph 
demonstrators injured by security forces during a protest in the mining 
town of Redeyef.
    On November 24, police arrested reporter Fatine Al-Hamdi in Tunis, 
reportedly hitting her with a baton and dragging her by the hair. 
Police detained and interrogated her for four hours at the Sidi Bachir 
police station, reportedly in connection with her employer, the 
unregistered Internet radio station called Radio Kalima.
    There were no developments in the March 2007 case of journalist and 
press freedom advocate Mohamed Fourati, sentenced in absentia to 14 
months in prison for membership in the unauthorized Al-Nahdha party. 
Fourati previously helped edit the opposition newspaper al-Mowqif and 
authored several articles critical of the Government.
    There were no developments in the April, June, or September 2007 
incidents in which police reportedly assaulted journalists Lotfi Hajji 
and Aymen Rezki and forcibly prevented Hajji from entering PDP offices.
    In June 2007 authorities added 26 months to the internal exile of 
journalist Abdullah Zouari, who once worked for Al-Fajr, the weekly 
newspaper of the Al-Nahdha party. Zouari has remained under 
administrative control and in internal exile since 2004. According to 
RWB, no explanation was given for the extension, which continued at 
year's end.
    On July 21, authorities granted an early release from prison to 
journalist Slim Boukhdhir, sentenced in December 2007 to one year in 
prison for ``aggression against a public employee,'' ``violation of 
public morality standards,'' and ``refusal to present identity papers 
to police.'' However, on September 20, according to RWB, plainclothes 
police officers abducted, detained, and threatened Boukhdhir for 
several hours. Boukhdhir told the Committee to Protect Journalists 
(CPJ) that he believed the incident was prompted by his recent article 
urging President Ben Ali to loosen the Government's hold on civil 
society. The Government reportedly continued to refuse Boukhdir a press 
card.
    On December 11, a court sentenced journalist Fahem Boukadous in 
absentia to six years in prison on charges of disseminating information 
that might disturb public order and belonging to a criminal 
organization. In November 2007 authorities arrested Boukadous and a 
colleague working for the private television station al-Hiwar, where 
they were covering a labor union meeting.
    There were no developments in the 2006 case of opposition political 
leader Moncef Marzouki, charged with ``threatening to disturb the 
public order'' following appearances on Al-Jazeera in which he 
criticized the Government and called for civil disobedience. Marzouki 
departed the country before his case was heard by the court.
    The law prohibits censorship of local newspapers, magazines, and 
books; however, the Government continued to censor international media. 
For example, it banned the October 30 issue of French weekly L'Express 
Internationale. The edition carried six articles on Islam and 
Christianity. Furthermore, self-censorship and obvious government 
interference continued.
    The Government routinely seized and prevented distribution of 
domestic newspapers when it found articles or photos contrary to 
government policies. For example, authorities reportedly suppressed the 
March 14, March 21, and April 4 editions of the opposition weekly al-
Mowqif, which carried articles on possible increases in the state-
controlled prices of semolina and bread, governmental corruption, and 
the possibility of unsafe cooking oil on the domestic market, 
respectively.
    According to many journalists and non-journalist sources, senior 
government officials routinely called news directors and editors to 
inform them which issues they were forbidden to cover or publish and to 
direct editorial content and news coverage. The Government also often 
pressured newspapers to carry the Government wire service's version of 
an event, even when their own journalists were present. The Tunisian 
Agency for External Communications enforced these informal censorship 
mechanisms by favoring certain publications for placement of government 
advertising. In addition, private companies were unwilling to advertise 
in newspapers no longer receiving government advertisements to avoid 
the appearance of siding with a media organization being punished by 
the Government.
    Directors and owners of existing private media, as well as 
journalists at the government- and ruling party-owned press, practiced 
a high degree of self-censorship. Journalists in the mainstream press 
regularly refrained from investigative reporting on national issues. 
Only the small opposition press reported regularly on controversial 
national issues.
    The law stipulates that the publication, introduction, and 
circulation of foreign works may be restricted. The MOI required book 
fair publishing representatives to deposit publication titles in 
advance; it rejected many titles from the display list for the April 
25-May 4 book fair. Authorities also restricted the timely purchase of 
foreign publications that included articles deemed critical of the 
country or that the Government determined could prompt a security 
threat.

    Internet Freedom.--The law allows the Government to block or censor 
Internet content deemed obscene or content threatening public order, 
defined as ``incitement to hate, violence, terrorism, and all forms of 
discrimination and bigoted behavior that violate the integrity and 
dignity of the human person, or are prejudicial to children and 
adolescents.'' However, the Government blocked access to a wide variety 
of Internet sites during the year. There were also reports that the 
Government monitored Internet usage and communications.
    According to the 2007 OpenNet Initiative (ONI) country profile, 
there were approximately one million Internet users in the country.
    In June the Government unblocked the Web sites of HRW and AI. From 
August 18 to September 1, the Government blocked Facebook but unblocked 
it after President Ben Ali intervened. However, the Government blocked 
nearly all sites belonging to domestic human rights, opposition, and 
Islamist groups, including discussion sites. Opposition news sites and 
Internet discussion sites were periodically blocked throughout the 
year. Some foreign Web sites remained blocked at year's end, including 
RWB's site and YouTube. According to RWB, the Journaliste Tunisien blog 
was blocked on October 23, one day after it posted RWB's 2008 Press 
Freedom Index.
    The 2007 ONI report indicated that the Government pervasively 
blocked Web sites of political opposition groups, opposition news, 
human rights groups, and some sites allegedly critical of the Koran and 
Islam. According to ONI, the Government used a commercial software 
program loaded onto government-controlled servers to block sites 
consistently on the country's 12 Internet service providers (ISPs). In 
addition to filtering software, the Government reportedly used 
regulatory means and surveillance to monitor and control Internet 
usage.
    The AISPP reported that authorities continued to arrest individuals 
for visiting Web sites that the Government associated with terrorism 
and detained them without proper legal procedures or sufficient 
evidence of commission of a crime.
    The law requires all ISPs to obtain a license from the Ministry of 
Communications Technologies. Each ISP must submit, monthly, a list of 
its subscribers to the quasi-governmental Tunisian Internet Agency 
(ATI). Internet users and those who maintain Web sites and servers are 
also responsible for infractions of the law.

    Academic Freedom and Cultural Events.--The Government limited 
academic freedom and fostered a culture of self-censorship in 
universities. The Government closely monitored administrators, 
teachers, and students to identify any political activity. Both 
uniformed and plainclothes police maintained a significant presence on 
university campuses and discouraged students from openly expressing 
dissent.
    Authorities subjected academic publications to government approval 
before publication, and university libraries did not purchase foreign 
books or subscribe to foreign magazines deemed critical of the 
Government. Close government control over academic research funds 
prevented university administrators from authorizing or applying for 
grants on research topics that they believed the Government would find 
objectionable. Professors avoided teaching classes on subjects 
considered sensitive, such as legal courses on political systems, 
comparative politics, and classes on civil liberties. University 
professors often avoided discussion of subjects deemed sensitive enough 
to interest the Government, and faculty members reported that they were 
hesitant to gather outside the classroom. Faculty members had to 
request Ministry of Higher Education approval to hold conferences, 
submitting conference topics and invitee lists.
    A planned conference at a cultural center was cancelled by security 
forces.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and association, but the Government severely 
restricted this right in practice.

    Freedom of Assembly.--The law requires groups wishing to hold a 
public meeting, rally, or march to obtain a permit from the MOI at 
least three days before the proposed event and to submit a list of 
participants. Authorities routinely approved permits for groups 
supporting the Government and generally refused permission for 
dissenting groups. As in previous years, NGO leaders reported 
difficulty in renting space to hold large meetings, maintaining that 
police pressured venue managers to prevent them from renting space. 
Hotel managers and businesses denied any specific ban on renting space 
to opposition groups; however, they acknowledged cooperating with the 
MOI and accommodating its requests when possible.
    The Government consistently blocked meetings of the Tunisian Human 
Rights League (LTDH), whether in its headquarters in Tunis or in 
regional offices. On January 7 and 8, police reportedly blocked LTDH 
meetings organized by its steering committee. On June 13, security 
forces prevented LTDH members from the La Marsa, La Goulette, Ariana, 
and Le Kram chapters from entering the LTDH headquarters. On December 
10, the LTDH attempted to host a reception in honor of the 60th 
anniversary of the signing of the Universal Declaration of Human Rights 
(International Human Rights Day); however, security forces allowed only 
members of the LTDH Executive Bureau to enter the LTDH headquarters and 
turned all other invitees, both citizens and foreign diplomats, away.
    On July 23, the opposition al-Tajdid party attempted to hold a 
meeting on the unemployment protests in Redeyef and Gafsa. Security 
forces prevented guests from accessing the conference room, though a 
few were ultimately allowed access.
    On September 20, according to the online magazine Kalima, the FDTL 
planned to hold a conference regarding elections and the role of the 
opposition parties. That afternoon, before the conference was scheduled 
to begin at a private hotel, the hotel owner faxed the FDTL to inform 
them that he would be unable to accommodate them, citing ongoing 
construction. An FDTL member asserted that the Government pressured 
hotel management to cancel the reservation to prevent the FDTL from 
holding the planned event.
    In June 2007 police reportedly blocked the Kairouan regional 
chapter of the LTDH from accessing the Union Generale Tunisienne du 
Travail (UGTT) regional office, where the LTDH hoped to commemorate its 
30th anniversary; in November 2007 police reportedly blocked a LTDH 
meeting organized by members of its steering committee; and in August 
2007 the Government allegedly pressured hotel management to cancel the 
PDP's reservation for a summer youth program.
    The Government used police and other state security forces to 
monitor, control, and sometimes break up demonstrations. In general, 
demonstrators and security forces did not resort to violence; however, 
there were some exceptions, such as scuffles ensuing from 
demonstrators' attempts to cross police lines barring access to a 
demonstration site or demonstrators not dispersing when ordered by 
police.
    Between January and June there were multiple protests in the 
southwestern mining town of Redeyef. The Government reportedly used 
violence to break up several unauthorized demonstrations held to 
protest high levels of unemployment and the cost of living and in 
support of those arrested or detained during prior protests. Government 
statements maintained that protestors attacked security forces, who 
then responded. According to domestic NGOs, however, the protests were 
peaceful, and the aggressive police response in each case was 
unprovoked, leaving several people injured.
    In 2006 the Government refused to allow several demonstrations to 
take place. Opposition groups, human rights NGOs, the Tunisian labor 
union, and students petitioned for permission for multiple 
demonstrations to protest Israeli actions in Lebanon. Police in Sfax, 
Gabes, and Kairouan reportedly used violence in breaking up 
unauthorized demonstrations held in protest against the conflict 
between Israel and Lebanon in 2006. Also, in 2006, on World Press 
Freedom Day, plainclothes policemen blocked a planned demonstration 
supporting press freedom.

    Freedom of Association.--The law provides for freedom of 
association; however, the Government generally did not respect this 
right in practice. The law requires that new NGOs apply for 
registration with the Government. If the Government does not reject the 
application within 90 days, the NGO is automatically registered. The 
Government routinely blocked registration of new independent NGOs by 
refusing to provide receipts for their applications. Without such a 
receipt, NGOs were unable to counter the Government's assertions that 
they had not applied to register and therefore were not allowed to 
operate. In such cases NGOs could be shut down, their property seized, 
and their members prosecuted for ``membership in an illegal 
organization.'' Several protestors in Gafsa were arrested or prosecuted 
on this charge after they participated in a demonstration against 
governmental corruption and unemployment.
    There were reports that significant numbers of RCD members 
attempted to join independent NGOs or labor unions with the apparent 
intent of limiting the organizations' independence by gaining control 
through elections or disrupting operations. In February 2007 a court 
again ruled that the LTDH could not hold its national congress because 
of a suit filed by seven members of the LTDH allegedly loyal to the 
RCD.
    In 2006 the Government appointed new leaders of the Association of 
Tunisian Judges (AMT). They implemented measures reducing the number of 
members serving on the executive board and excluding regional members. 
The prior leadership was evicted by the Government in 2005.

    c. Freedom of Religion.--The law provides for freedom of religion 
on the condition that it does not disturb public order; however, the 
Government restricted and abused this right.
    Islam is the state religion, and the law stipulates that the 
President must be a Muslim.
    The Government recognizes all Christian and Jewish religious 
organizations established in the country before independence in 1956. 
Although it permitted other Christian denominations to operate, the 
Government formally recognized only the Roman Catholic Church. The 
Provisional Committee of the Jewish community met weekly and performed 
religious activities and charity work, although the Government had not 
granted it permanent registration. The Government regarded the Baha'i 
faith as a heretical sect of Islam and permitted its adherents to 
practice their faith only in private.
    The law provides that only persons appointed by the Government may 
lead activities in mosques, and the Government paid the salaries of 
imams. The Government required that mosques remain closed except during 
prayers and other authorized religious ceremonies, such as marriages or 
funerals. Authorities instructed imams to espouse governmental, social 
and economic programs during prayer times in mosques.
    The Government required Islamic religious education in public 
schools. The religious curriculum for secondary school students also 
included histories of Judaism and Christianity. The Government also 
allowed Jewish communities to operate private religious schools. Jewish 
children on the island of Djerba were permitted to divide their 
academic day between public secular schools and private religious 
schools.
    While it was not illegal to change religions, government officials 
occasionally discriminated against converts from Islam to another 
religion using legal and social pressure to discourage conversion. 
Customary law based on Shari'a forbids Muslim women from marrying 
outside their religion. The Government required non-Muslim men to 
convert to Islam before marrying a Muslim woman. The Government did not 
allow married couples to register their children with non-Muslim names.
    The Government prohibits efforts to proselytize Muslims. While 
authorities did not deport foreigners suspected of proselytizing, the 
Government did not renew the visas of suspected missionaries. As in the 
past year there were no reports of official action against persons 
suspected of proselytizing.
    The Government did not permit the establishment of political 
parties based on religion, and it used this prohibition to continue to 
refuse to register the Islamist Al-Nahdha party and to prosecute 
suspected Al-Nahdha members for ``membership in an illegal 
organization.'' The Government continued to maintain tight surveillance 
over Islamists and monitored activity in mosques. According to human 
rights lawyers, the Government also continued to question individuals 
observed praying frequently in mosques. Some Christians reported 
government harassment in the form of surveillance and interrogation.
    The Government subjected religious publications to the same 
restrictions on freedom of speech and the press as secular 
publications. Christian groups could distribute religious documents 
only in European languages. Only sanctioned Muslim religious groups 
could distribute religious documents. In the Government's view, 
distribution by other groups constituted an illegal ``threat to public 
order.''
    The Government sought to suppress certain outward signs of 
citizens' religious practices, such as hijabs on women or beards on 
men. Authorities characterized the hijab as a ``garment of foreign 
origin having a sectarian connotation'' and sought to restrict its use 
in public institutions. Police continued efforts to eradicate sectarian 
dress (including the hijab) in official buildings, schools, and 
universities. During the year authorities detained some women in public 
places and told them to remove their hijab.
    In September, according to domestic NGOs, the head of the Superior 
Institute of Technology Studies in Sidi Bouzid asked female students to 
sign statements promising they would not wear the hijab and 
acknowledging that they understood they would be expelled from the 
university if they were found wearing the hijab.
    During a 2006 meeting of the government-loyal NGO, National Union 
of Tunisian Women (UNFT), senior UNFT officials demanded that all women 
in the audience remove their veils, on occasion tugging at their veils 
and verbally abusing them.
    There were no developments in the 2006 case of Abdelhamid Sghaier, 
fined for demonstrating for the right of female students at a Tunis 
university to wear the hijab.
    Police also reportedly detained and harassed men with what were 
termed ``Islamic'' beards, forcing them to shave at a police station or 
threatening them with arrest unless they returned home immediately to 
shave. These reports increased in frequency after security operations 
against alleged Islamist terrorists in 2006 and 2007. According to 
international NGOs and domestic human rights organizations, following 
these security operations, police arrested more than one thousand young 
men on terrorism charges. Human rights groups asserted that some of 
these arrests may have been targeted at some individuals because of 
their Islamic appearance, frequent attendance at mosques, or other 
actions related to their practice of Islam.
    There were no reports during the year that any Christians' passport 
renewals were delayed as they had been in previous years.

    Societal Abuses and Discrimination.--Societal discrimination based 
on religion continued during the year. Muslims who converted to other 
religions were often ostracized. The Government cooperated closely with 
and protected the 1,500-person Jewish population, 900 in Djerba and the 
remainder in and around Tunis, although Jews faced some discrimination 
in the media.
    Cartoons in some mainstream newspapers used derogatory images of 
historically stereotypical Jews to portray the state of Israel and 
Israeli interests. Most of these cartoons were drawn outside of the 
country and reprinted locally.
    In 2006 approximately 100 students at Manouba University near Tunis 
reportedly shouted anti-Jewish slogans during a ceremony to mark a 
donation from the late Tunisian Jewish historian Paul Sebag.
    The Government promoted anti-bias and tolerance education through a 
series of lectures regarding religious tolerance. Jewish community 
leaders reported that the Government actively protected synagogues, 
particularly during Jewish holidays, paid the salary of the grand 
rabbi, and partially subsidized restoration and maintenance costs for 
some synagogues.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    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; however, it refused to issue, renew, amend, or accept 
passports of some dissidents, Islamists, and their relatives. The 
Government also may impose a five-year period of ``administrative 
control'' at sentencing on certain former prisoners that constituted a 
type of internal exile. The Government generally cooperated with the 
office of the UN High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees, asylum seekers, and 
other persons of concern; however, it did not provide protection for 
such persons; it did not permit the UNHCR access to detention centers; 
and it had not officially accredited the UNHCR.
    The law authorizes the courts to cancel passports and contains 
broad provisions that both permit passport seizure on national security 
grounds and deny citizens the right to present their case against 
seizure or to appeal the judges' decision. The MOI is required to 
submit to the courts requests to seize or withhold a citizen's passport 
through the public prosecutor; however, the ministry routinely bypassed 
the public prosecutor with impunity.
    Many citizens, particularly journalists, reported difficulty 
applying for or renewing their passports and accused the Government of 
blocking their applications solely on the basis of political 
opposition. Former Al-Nahdha leader Mohamed Sedki Labidi has been 
deprived of his passport for the last 13 years without a court 
decision.
    On December 10, according to international NGOs, authorities 
detained human rights lawyer Mohamed Abbou and journalist Lotfi Hidouri 
at the Tunis airport while they were en route to the Independent Arab 
Press Forum in Beirut. Authorities told Abbou, who was imprisoned for 
more than two years for defaming the judicial system and assault, that 
he needed to provide documentation proving he was no longer subject to 
parole restrictions. It was the fifth time since his release that Abbou 
was prevented from traveling abroad. Police arrested Hidouri at the 
airport on charges of not paying a 2002 fine and took him to Bouchacha 
Detention Center. Hidouri was freed on December 11, after providing 
proof that the fine had already been paid.
    According to the constitution, no citizen can be exiled from the 
country nor prevented from returning; however, the Government used 
administrative control measures as a type of punitive internal exile. 
Administrative control measures, which take effect upon a convict's 
release from prison, are similar to parole restrictions, except that 
they may be applied to prisoners even after they have completed their 
sentences. The Government requires those individuals to stay ``in the 
area of their residence,'' which is determined by the Government and 
may be anywhere in the country. They also may be required to report to 
a police station frequently each day at times determined only the 
previous evening. At the police station, they may be forced to wait 
hours before they are allowed to sign in, making normal employment 
impossible. Numerous Islamists released from prison in recent years 
have been subjected to such punishment.
    By law administrative control measures may only be imposed at 
sentencing; however, a former high school teacher, Nouri Chniti, 
claimed that, although his sentence did not include administrative 
control, he has been subject to extrajudicial administrative control 
measures since 1991 when he received a suspended sentence for 
membership in Al-Nahdha. Some political opponents in self-imposed exile 
abroad were prevented from obtaining or renewing their passports to 
return to the country.

    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 has not established a system for providing protection to 
refugees or other persons of concern. In practice the Government did 
not provide protection against the expulsion or return of persons to 
countries where their lives or freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    There were significant limitations on citizens' right to change 
their government. The law provides that citizens shall directly elect 
the President and members of the Chamber of Deputies for five-year 
terms, but irregularities routinely called into question the legitimacy 
of elections. The ruling party has maintained power continuously since 
the country's independence in 1956, dominating the cabinet, the 
legislature, and regional and local governments.

    Elections and Political Participation.--In the 2004 national 
elections, President Ben Ali faced three candidates and officially 
received 94.9 percent of the popular vote to secure a fourth term. Ben 
Ali has ruled since 1987. The third opposition candidate, Mohamed 
Halouani of the al-Tajdid party, cited government restrictions and 
other irregularities to explain why he received less than one percent 
of the official vote count. According to official election returns, 
more than 90 percent of registered voters went to the polls; however, 
independent NGOs estimated that the actual turnout was closer to 30 
percent.
    Irregularities characterized the polling. A coalition of three 
local independent NGOs--the LTDH, CNLT, and Tunisian Association of 
Democratic Women (ATFD)--cited as serious problems the opposition's 
lack of media access during the campaign and media bias in favor of the 
ruling party. Opposition candidates and other observers also cited 
voter intimidation as well as restrictions on disseminating campaign 
materials and organizing campaign events.
    On July 28, the President approved of a law requiring Presidential 
candidates to be elected heads of political parties who had held that 
position for at least two years.
    In 2008 the Government conducted elections for half of the 126 
seats in the Chamber of Advisors, a second parliamentary chamber 
created in 2002. The voters consisted of 4,555 officials, including 
municipal counselors, mayors, and the 189 members of the Chamber of 
Deputies. Only 305 of the 4,555 voters belonged to opposition parties. 
The law specifies that seats must be allocated among various regional 
and professional organizations, including 14 seats for the UGTT, which 
refused to name candidates, citing a lack of independence and democracy 
in the candidate selection process. The President directly appointed 20 
candidates. The majority of elected members of the chamber were members 
or supporters of the ruling RCD party.
    The President appoints the prime minister, the cabinet, and the 24 
governors. The Government and the party are closely integrated; current 
and former senior government officials constitute the top ranks of the 
RCD. The President of the country is also the President of the party, 
and the party's vice President and Secretary General each hold the rank 
of minister. All members of the RCD politburo hold ministerial rank 
based on their current or former government service.
    RCD membership conferred tangible advantages. For example, there 
were widespread reports that RCD members and their families were much 
more likely to receive educational and housing benefits, small business 
permits, and waivers on zoning restrictions.
    To reduce the advantages wielded by the ruling party, the Electoral 
Code reserves 25 percent of seats in the Chamber of Deputies (47 of 
189) for the seven officially recognized opposition parties and 
distributes them on a proportional basis to those parties that won at 
least one directly elected district seat. In the 2004 elections, five 
of the opposition parties gained seats under that provision. The RCD 
holds the remaining 152 seats.
    In 2006 authorities authorized the establishment of the Green Party 
for Progress (PVP), the first new political party created since 2002. 
The Government refused to recognize an environmental political party, 
Green Tunisia Party, despite its long-pending application.
    The Government partially funded legal opposition parties. The 
Government raised the public subsidy for operational costs of 
opposition parties represented in parliament to 270,000 dinars per 
party (approximately $225,000) per year. Opposition parties represented 
in the chamber who publish newspapers received additional funding.
    By law the Government prohibits the establishment of political 
parties on the basis of religion, language, race, or gender.
    There were 60 women in the 301-seat legislature, one woman in the 
29-seat cabinet, and five women among the 15 secretaries of state 
(regarded as junior cabinet members). Following municipal elections in 
2005, more than one-fourth of municipal council members elected were 
women. Three women served as Presidents of chambers on the Supreme 
Court, and two women served on the 15-member Higher Council of the 
Magistracy.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. Anecdotal evidence suggested that 
the incidence of corruption was on the rise; however, corruption 
allegations were difficult to prove.
    On February 7, a National Guard officer reportedly stopped a 
journalist for a traffic violation and asked for a bribe.
    In May 2007 a Tunis court sentenced two civil service employees 
involved in a corruption case to four years in prison. One of the 
employees, a Tunis airport employee, received 1,500 dinars 
(approximately $1,234) for helping the other employee travel from Tunis 
to Marseilles with a false passport.
    In November 2007 police arrested an employee of the state-owned 
National Pedagogical Center on charges of corruption and 
misappropriation of foreign currency. At year's end the Court of Tunis 
had not handed down a verdict.
    The Higher Institute of Security Forces and Customs is tasked not 
only with ``reinforcing human rights and improving law enforcement'' 
but also reducing corruption. There were no public reports of the 
organization's activities during the year. No laws to provide 
government documents to citizens exist. Public officials are not 
subject to financial disclosure laws.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government actively hindered investigations of human rights 
abuses by domestic and international groups, who had difficulty 
investigating and publishing their findings, and it sought to monitor 
and control the activities of some foreign NGOs within the country.
    There were approximately 12 domestic human rights NGOs, although 
only half were authorized. Some NGOs loyal to the Government received 
government funding. The Government met with registered domestic human 
rights NGOs and on occasion responded to their inquiries; however, it 
also harassed, targeted, and prosecuted some individuals.
    Citing a court ruling that stated that the LTDH could not hold its 
National Congress, the Government blocked its meetings and events 
throughout the year. The LTDH traditionally was one of the most active 
independent advocacy organizations, with 41 branches throughout the 
country, although the blockage of LTDH activities by the Government 
limited its operational effectiveness. The organization received and 
investigated complaints and protested abuses, although the Government 
rarely responded to LTDH communiques. The Government continued to block 
an EU grant to the LTDH, citing a law on NGO financing that includes 
broad prohibitions on funding of NGOs without government approval.
    Since 1998 the Government has refused to authorize the CNLT's 
registration as an NGO. The CNLT issued statements sharply criticizing 
the Government's human rights practices. Government officials have 
accused CNLT members of violating the pro forma submission requirements 
by publishing communiques without prior government approval.
    On April 20 and 21, domestic NGO Freedom and Equity, an 
organization that tracks human rights abuses and political prisoners, 
announced that security forces had surrounded the home and law offices 
of its President, Mohamed Nouri. According to the statement, security 
forces prevented Freedom and Equity members from meeting and also 
stopped Nouri's legal clients from entering the building. On July 18, 
Freedom and Equity alleged that the Government had cut off its Internet 
connection, stating that it considered this to be part of a pattern of 
government interference designed to isolate civil society organizations 
in the country.
    In June 2007 police reportedly questioned the President of AI's 
Tunisian chapter about the launch of a coalition against the death 
penalty, which had been announced the day before. The police reportedly 
characterized the effort as ``illegal.''
    In December 2007 police reportedly detained AISPP cofounder and 
steering committee member Samir Ben Amor. According to HRW, before his 
release, police told him to cease his activities with the AISPP. The 
Government has refused to register the association since its creation 
in 2002.
    In 2006 the International Freedom of Expression Exchange-Tunisia 
Monitoring Group (IFEX-TMG), a coalition of international human rights 
and freedom of expression NGOs, conducted fact-finding missions. The 
IFEX-TMG reported heavy police surveillance of their activities and 
government interference with their mission. Police prevented 
translators and private citizens traveling with the group from 
attending some meetings.
    In 2006 authorities arrested and expelled Yves Steiner, a visiting 
member of the Executive Committee of the Swiss chapter of AI. According 
to AI, Steiner had delivered a speech to members of AI's local chapter 
in which he condemned growing human rights abuses in the country, 
notably restrictions on freedom of expression and freedom of 
association. According to international media, a government source said 
that Steiner had posed a threat to public order.
    There were credible reports that police prevented some family 
members of prisoners from visiting ICRC offices and monitored, 
occasionally harassing, families that visited ICRC offices.
    The Ministry of Justice and Human Rights has the lead on government 
policy regarding human rights issues, although other ministries also 
had human rights offices. The ministry did not release any public 
reports of cases or investigations. The HCHR, a government-appointed 
and government-funded body, received, addressed, and occasionally 
resolved human rights complaints in regard to prison conditions, 
requests for amnesty from families of prisoners, and other issues. The 
commission submitted confidential reports directly to the President; 
however they were not available to the public.
    In June the Government made the HCHR a separate item in the budget; 
previously, the HCHR received its funding through the President's 
office. President Ben Ali also approved legislation allowing the HCHR 
to conduct proactive outreach, suggest changes to Tunisian law, and 
instigate investigations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides that all citizens are equal before the law, and 
the Government generally respected this provision, although in 
inheritance and family law, biased gender-based provisions in the civil 
code adversely affected women.

    Women.--The penal code specifically prohibits rape, including 
spousal rape, and the Government enforced the laws vigorously, giving 
significant press coverage to rape cases; however, there were no 
reports of prosecution for spousal rape. The penalty for rape with the 
use of violence or threat with a weapon is death. For all other rape 
cases, the penalty is life imprisonment.
    Laws against domestic violence provide for fines and imprisonment 
for assaults committed by a spouse or family member that are double 
those for the same crimes committed by an unrelated individual, but 
enforcement was rare. Domestic violence was considered a serious 
problem. According to the UNFT, 935 women consulted with UNFT during 
the year about domestic violence, including 515 new cases. The ATFD has 
provided services for approximately 2,000 victims of domestic violence 
since opening their women's center in 1993. The UNFT, a government-
sponsored organization that ran a center to assist women and children 
in difficulty, sponsored national educational campaigns for women.
    The penal code prohibits prostitution, and few persons were 
convicted of violating this law. There were government-sanctioned 
brothels, although under the penal code there is a penalty for 
prostitution of up to two years in prison. The Government officially 
sanctions some brothels in which the workers have regular medical exams 
and the environment is relatively regulated and controlled. There are 
no penalties for visiting these brothels. The law applies to both women 
and men and their accomplices. There were no reported cases of 
trafficking or forced prostitution involving women.
    Sexual harassment was a problem, although there were no 
comprehensive data to measure its extent. Civil society groups 
criticized the law on harassment as too vague and susceptible to abuse 
as it requires women to convince a judge that they were the victims of 
sexual harassment which is often difficult to prove. According to the 
criminal code, the penalty for sexual harassment is one year in prison 
and a 3,000 dinar (approximately $2,307) fine.
    Codified civil law is based on the Napoleonic code, although judges 
often used Shari'a as a basis for customary law in family and 
inheritance. Most property acquired during marriage, including property 
acquired solely by the wife, was held in the name of the husband. 
Married couples may choose between joint or separate property systems 
when signing marriage contracts. Customary law based on Shari'a 
prohibits women from marrying outside their religion. Application of 
Shari'a inheritance law continued to discriminate against women, and 
there was a double standard based on gender and religion: non-Muslim 
women and Muslim men who are married may not inherit from each other. 
The Government considers all children from those marriages to be Muslim 
and forbids those children from inheriting from their mothers. Female 
citizens can transmit citizenship to children regardless of the 
father's citizenship.
    The law explicitly requires equal pay for equal work. In January 
2007 a law went into effect allowing some female employees in the 
public sector to work part-time while still receiving two-thirds of 
their original salary. The Government stated that the law was motivated 
by a desire to allow women to balance family and professional life. 
Women's rights activists, including the ATFD, stated that treating 
women and men differently under the law was a major setback to women's 
rights in the workplace.
    The Ministry for Women's Affairs, Family, Children, and Senior 
Citizens sponsored several national media campaigns to promote 
awareness of women's rights. The Government supported and funded the 
UNFT; the Center for Research, Documentation, and Information on Women; 
and women's professional associations. Several NGOs focused on women's 
advocacy and research in women's issues, and a number of attorneys 
represented women in domestic cases.

    Children.--The law provided protections to children. Convictions 
for abandonment of and assault on minors carried severe penalties. Some 
child labor occurred.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking, but traffickers may be prosecuted under laws prohibiting 
forced labor, forced prostitution, participation in armed conflict, or 
servitude. There were no reports that persons were trafficked to, from, 
or within the country. The law specifically provides punishments for 
anyone who ``guides, arranges, facilitates, assists, acts as an 
intermediary or organizes the surreptitious entry or exit, even without 
remuneration, of an individual to or from Tunisia by land, sea, or 
air'' of three to 20 years' imprisonment and fines of 80,000 to 100,000 
dinars (approximately $61,538 to $76,923).
    The Ministry of Interior and Local Development and the Ministry of 
Social Affairs, Solidarity, and Tunisians Abroad were the agencies 
responsible for anti-trafficking efforts. There were no specific 
government campaigns to prevent trafficking, although the Government 
worked closely with its European neighbors to interdict smuggling, some 
of which may include trafficking. The Government did not, however, have 
measures to identify trafficking victims from those persons smuggled 
voluntarily.
    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 and mandates at 
least one percent of public and private sector jobs be reserved for 
persons with disabilities; however, leaders of NGOs dedicated to 
persons with disabilities reported that this law was not widely 
enforced, and many employers were unaware of its existence. There was 
some discrimination against persons with disabilities in employment, 
education, access to health care, or in the provision of other state 
services. All public buildings constructed since 1991 must be 
accessible to persons with physical disabilities, and this was 
enforced. The Government issued special cards to persons with 
disabilities for benefits such as unrestricted parking, priority 
medical services, preferential seating on public transportation, and 
consumer discounts. The Government provided tax incentives to companies 
to encourage the hiring of persons with physical disabilities, and it 
strongly supported NGOs working on behalf of persons with disabilities.
    While there is still a social stigma associated with mental 
illness, at a societal level several active NGOs provided educational, 
vocational, and recreational assistance to children and young adults 
with mental disabilities. The Government and international 
organizations funded several programs. The Ministry of Social Affairs, 
Solidarity, and Tunisians Abroad were charged with protecting the 
rights of persons with disabilities.

    Other Societal Abuses and Discrimination.--Homosexuality is 
illegal. There is anecdotal evidence that homosexuals face some forms 
of discrimination.
    There is anecdotal evidence that people with HIV/AIDS face some 
forms of discrimination. While there were NGOs to assist persons living 
with HIV, they faced discrimination in the quality of and in their 
access to medical care.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
organize and form unions, but this right was not always respected in 
practice. The UGTT was the country's only labor federation. 
Approximately 10 percent of the work force belonged to the UGTT, 
including civil servants and employees of state-owned enterprises, and 
a considerably larger proportion of the work force was covered by union 
contracts. A union may be dissolved only by court order.
    The UGTT and its member unions were legally independent of the 
Government and the ruling party; however, they operated under 
regulations that limited their freedom of action. The UGTT included 
persons associated with all political tendencies. UGTT funding came 
from modest union dues, revenue from an insurance company, and a 
percentage of annual contributions into the National Social Security 
Fund. The Government provided the UGTT with land for its new 
headquarters and support for its construction. Central UGTT leadership 
generally cooperated with the Government regarding its economic reform 
program. During the year the UGTT again refused to submit a list of 
candidates for 14 UGTT-designated seats for elections to the newly 
created Chamber of Advisors, citing a lack of independence and 
democracy in the selection process and an unfair distribution of seats. 
The UGTT supported the LTDH and agreed to let LTDH regional chapters 
use UGTT facilities for conferences and meetings.
    Unions, including those representing civil servants, have the right 
to strike, provided that they give 10 days' advance notice to the UGTT, 
and it grants approval. The International Trade Union Conference 
characterized the requirement for prior UGTT approval of strikes as a 
violation of worker rights, but such advance approval rarely was sought 
in practice. The law prohibited retribution against strikers, and the 
Government generally respected this provision. Labor disputes were 
settled through conciliation panels in which labor and management were 
represented equally. Tripartite regional arbitration commissions settle 
industrial disputes when conciliation fails.
    On January 16 and 17, the Tunisian General Union of Secondary 
School Teachers went on strike, to protest the severance of three 
teachers reportedly due to their union activities.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the right to organize and bargain collectively, and the 
Government protected this right in practice. Wages and working 
conditions are set in triennial negotiations between the UGTT member 
unions, the Government, and employers. Numerous collective bargaining 
agreements set standards for industries in the private sector and 
covered 80 percent of the private sector.
    The law prohibits anti-union discrimination by employers, although 
the UGTT claimed that there was anti-union activity among private 
sector employers, such as firing union activists and using of temporary 
workers to avoid unionization. In certain industries, such as textiles, 
hotels, and construction, temporary workers accounted for a strong 
majority of the work force. The labor code protects temporary workers, 
but enforcement was more difficult than for permanent workers. A 
committee chaired by an officer from the Labor Division of the Office 
of the Inspector General approved all worker dismissals. The committee 
was composed of representatives from the Ministry of Social Affairs, 
Solidarity, and Tunisians Abroad, the UGTT, and the company dismissing 
the worker. Legally, workers have the right to reinstatement, but in 
practice this was not enforced.
    Export processing zones were subject to labor laws.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under 18 in jobs that present 
serious threats to their health, security, and morality, and the UGTT 
and the National Social Security Fund conducted inspection tours of 
factories and industrial sites to ensure compliance.
    The law generally prohibits the employment of children under the 
age of 16 years, which is consistent with the age for completing 
educational requirements, and inspectors of the Ministry of Social 
Affairs, Solidarity, and Tunisians Abroad examined the records of 
employees to verify that employers complied with the minimum age law. 
There were no reports of sanctions against offending employers.
    The minimum age for light work in the non-industrial and 
agricultural sectors during non-school hours was 13 years. Workers 
between the ages of 14 and 18 must have 12 hours of rest per day, which 
must include the hours between 10 p.m. and 6 a.m. In nonagricultural 
sectors children between the ages of 14 and 16 years may work no more 
than two hours per day. The total time that children spend in school 
and work may not exceed seven hours per day. Nonetheless, young 
children sometimes performed agricultural work in rural areas and 
worked as vendors in towns, primarily during their summer vacation from 
school. Child labor also existed in the informal sector disguised as 
apprenticeship, particularly in the handicraft industry.

    e. Acceptable Conditions of Work.--The labor code provides for a 
range of administratively determined minimum wages. On May 2, the 
Government raised the industrial minimum wage to 252 dinars 
(approximately $194) per month for a 48-hour workweek and to 218 dinars 
($168) per month for a 40-hour workweek. The agricultural daily minimum 
wage was 7 to 8 dinars (six dollars) per day. With the addition of 
transportation and family allowances, the minimum wage provided a 
decent standard of living for a worker and family, although that income 
was only enough to cover essential costs. More than 500,000 workers 
were employed in the informal sector, which was not covered by labor 
laws.
    Regional labor inspectors enforced standards related to hourly wage 
regulations. They inspected most firms approximately once every two 
years. The Government often had difficulty enforcing the minimum wage 
law, particularly in non-unionized sectors of the economy. The labor 
code sets a standard 48-hour workweek for most sectors; requires one 
24-hour rest period per week and 125 percent premium pay for overtime; 
and prohibits excessive compulsory overtime, although this prohibition 
is not always enforced.
    Special government regulations governed employment in hazardous 
occupations like mining, petroleum engineering, and construction, and 
the Ministry of Social Affairs, Solidarity, and Tunisians Abroad had 
responsibility for enforcing health and safety standards in the 
workplace. Working conditions and standards generally were better in 
export-oriented firms than in those firms producing exclusively for the 
domestic market. Workers were free to remove themselves from dangerous 
situations without jeopardizing their employment, and they could take 
legal action against employers who retaliated against them for 
exercising this right.

                               __________

                          UNITED ARAB EMIRATES

    The United Arab Emirates (UAE) is a federation of seven 
semiautonomous Emirates with a resident population of five million, of 
whom fewer than 20 percent (900,000) are citizens. The seven Emirate 
rulers constitute the Federal Supreme Council, the highest legislative 
and executive body. The council selects a President and a vice 
President from its membership, and the President appoints the prime 
minister and cabinet. In 2004 the council selected Sheikh Khalifa bin 
Zayed al-Nahyan, ruler of Abu Dhabi Emirate, as head of state for a 
five-year term. Traditionally, the Emirates are under patriarchal rule 
with political allegiance defined by loyalty to tribal leaders, to 
leaders of the individual Emirates, and to leaders of the federation. 
There are no democratically elected legislative institutions or 
political parties. There are no general elections. Citizens express 
their concerns directly to their leaders through traditional, 
consultative mechanisms such as the open ``majlis'' (council). The 
Federal National Council (FNC), a consultative body, consists of 40 
advisors, 20 of whom were elected by an appointed electoral collegein 
2006. The civilian authorities generally maintained effective control 
of the security forces.
    Citizens did not have the right to change their government. There 
were unverifiable reports of torture during the year, and security 
forces sometimes employed flogging as judicially sanctioned punishment. 
Arbitrary and incommunicado detention remained a problem. The judiciary 
lacked full independence. The Government interfered with privacy and 
restricted civil liberties, including freedom of speech, press 
(including the Internet), assembly, association, and religion. There 
were limited reports of corruption, and the Government lacked 
transparency. Domestic abuse of women remained a problem, and there 
were allegations that police sometimes enabled domestic abuse. 
Trafficking in persons continued, and legal and societal discrimination 
against women and noncitizens was pervasive. The Government severely 
restricted the rights of foreign workers. Abuse of foreign domestic 
servants was common.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports 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 torture; however, there were 
unverifiable allegations of tortured political prisoners during the 
year, as well as reports that a royal family member tortured a foreign 
national who had allegedly overcharged him in a grain deal.
    In additional, Shari'a (Islamic law) courts sometimes imposed 
flogging sentences as punishment for adultery, prostitution, consensual 
premarital sex, pregnancy outside marriage, defamation of character, 
and drug or alcohol abuse. Authorities used canes to administer 
floggings, resulting in substantial bruising, welts, and open wounds on 
recipients' bodies.
    There were also reports of prison guard brutality during the year. 
On July 9, a Dubai court sentenced 25 jail wardens and a former prison 
director of Dubai Central Detention Facility to three- to six-month 
prison terms for abusing their authority and beating inmates. Among the 
allegations, wardens reportedly beat an Armenian inmate, leaving him 
with a spinal injury that led to permanent disability. The defendants 
appealed the ruling, and on November 18, the Dubai Court of Appeals 
suspended the sentences of the 25 jail wardens. At year's end the 
prison director's appeal was pending, and he was out on bail.

    Prison and Detention Center Conditions.--Prison conditions varied 
widely from Emirate to Emirate. Some prisons were overcrowded, 
particularly in Abu Dhabi and Dubai. Conditions for female prisoners 
were equal to or slightly better than those for men. Prisoners 
convicted on national security grounds were held separately from the 
general populace. Conditions in these special sections were not 
significantly different from other parts of the prisons. There were 
credible reports that government officials discriminated against 
prisoners with HIV by separating them from the general prison 
population and by not granting commuted sentences or parole that other 
prisoners with similar records received.
    Police in Dubai and Abu Dhabi stated that nongovernmental 
organizations (NGOs) and the International Committee of the Red Cross 
had access to observe prison conditions if requested. However, on 
September 21, when members of the NGO Emirates Human Rights Association 
(EHRA) went to visit female inmates at Dubai's Al-Aweer Detention 
Facility, prison authorities denied the monitors access ``to protect 
the prisoners' social and psychological rights.''
    Although charitable NGOs visited prisons during the year, they were 
only permitted to provide material support. They were unable to 
determine the welfare and well-being of the prisoners. However, some 
clergymen reported psychological abuse and frequent physical abuse of 
their imprisoned parishioners.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, there were reports that the 
Government held persons in official custody without charge or a 
preliminary judicial hearing. Current law permits indefinite, routine, 
incommunicado detention without appeal. Under this procedure the 
detainee may contact only his or her attorney.

    Role of the Police and Security Apparatus.--The federal Ministry of 
Interior (MOI) oversees police general directorates in each of the 
seven Emirates; each Emirate, under its corresponding police general 
directorate, maintains its own police force and supervises the police 
stations therein. Although all Emirate police forces theoretically are 
branches of the ministry, in practice they operated with considerable 
autonomy and varying degrees of efficiency. The police forces, under 
the umbrella of the MOI, are responsible for internal security, and the 
federal armed forces are responsible for external security.
    While reported incidents of police corruption were uncommon, the 
MOI intervened several times in criminal cases to ensure that local 
police were compliant with federal law and policy. There were no 
reports of impunity.
    On November 10, a police officer was charged with stealing a 
suspect's personal belongings, which were confiscated while the suspect 
was being questioned. The officer allegedly kept the stolen belongings, 
including money and jewelry, at his house.
    On November 11, a police officer was charged with unlawfully 
revealing secrets and alerting a brothel allegedly run in hotel rooms 
of impending police raids.

    Arrest and Detention.--The law prohibits arrest or search without 
probable cause; however, incidents occurred in practice. There were 
credible reports that security forces failed to obtain warrants in some 
cases.
    Police stations received complaints from the public, made arrests, 
and forwarded most cases to the public prosecutor. Cases were then 
transferred to the courts. In cases involving foreign defendants, 
especially for crimes of moral turpitude, authorities often summarily 
deported the defendants upon completion of their jail terms. Police 
must within 48 hours report an arrest to the public prosecutor, who 
then must determine within 24 hours whether to charge, release, or 
further detain the suspect. In practice the public prosecutor did not 
always meet the 24-hour time limit, although police usually adhered to 
their 48-hour time limit. Public prosecutors may order detainees to be 
held as long as 21 days without charge, or longer in some cases with a 
court order. Courts may not grant an extension of more than 30 days of 
detention without charge; however, judges may continue to renew 30-day 
extensions indefinitely and without charge. Public prosecutors may hold 
suspects in terrorist-related cases without charge for six months. Once 
a suspect is charged, terrorism cases are handled by the Supreme Court, 
which may extend the detention period indefinitely.
    There is no formal system of bail; however, authorities can 
temporarily release detainees who deposit money, a passport, or an 
unsecured personal guarantee statement signed by a third party. 
Defendants in cases involving loss of life, including involuntary 
manslaughter, can be denied release in accordance with the law. Release 
is usually permitted after payment to the victim's family of 
compensation, commonly called ``diya'' or ``blood money,'' which is a 
form of financial penalty imposed on defendants in criminal cases 
involving a death.
    A defendant is entitled to an attorney only after the police have 
completed their investigation. As a result police sometimes questioned 
accused persons for days or weeks without providing them the benefit of 
legal counsel. Persons arrested on nonsecurity charges were generally 
granted prompt access to family members.

    Amnesty.--On religious and national holidays the rulers of the 
individual Emirates regularly pardon and pay the debts of many 
prisoners. According to press reports, rulers pardoned at least 1,200 
prisoners and paid their debts during the year. The Government deported 
most of the foreign nationals who were pardoned. The Government did not 
repeat its June-November 2007 amnesty for illegal expatriate residents.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary. In practice, however, its decisions remained 
subject to review by the political leadership. The judiciary was 
composed largely of contracted foreign nationals potentially subject to 
deportation.
    By tradition, the local rulers' offices, or ``diwans,'' maintained 
the practice of reviewing many types of criminal and civil offenses 
before cases were referred to prosecutors, reviewing sentences passed 
by judges, returning cases to the court on appeal, and approving the 
release of every prisoner whose sentence was completed. The diwans' 
involvement--usually in cases between two Emirates or between a citizen 
and noncitizen--led to lengthy delays prior to and following the 
judicial process and lengthened the time defendants served in prison. 
The diwan's decision in any court case is considered final, and in the 
case of disagreement between a judge and diwan, the diwan's decision 
prevails. Because diwans report to the minister of the interior, there 
was often no functional separation between the executive and judicial 
branches.
    There is a dual court system. Shari'a courts adjudicate criminal 
and family law matters based on each Emirate's interpretation of 
Shari'a. Civil courts adjudicate civil law matters and, except in 
Dubai, Abu Dhabi, and Ras al-Khaimah, were accountable to the Federal 
Supreme Court, which has the power of judicial review, as well as 
original jurisdiction in disputes between Emirates or between the 
Federal Government and individual Emirates. The Emirates of Dubai, Abu 
Dhabi, and Ras al-Khaimah have their own local and appellate courts, 
which have jurisdiction over matters within their territories that the 
constitution and federal legislation do not specifically reserve for 
the federal system. These Emirates did not refer cases in their courts 
to the Federal Supreme Court for judicial review, although they 
maintained a liaison with the federal Ministry of Justice.
    In some Emirates Shari'a courts considered all types of civil and 
commercial cases as well as criminal cases and family matters. They 
acted in accordance with their interpretation of Shari'a but were 
required to answer to the Federal Supreme Court, with the exception of 
the Emirates of Abu Dhabi, Dubai, and Ras al-Khaimah. In criminal cases 
Shari'a was applied first, and if evidence required by Shari'a was 
found insufficient, the penal code was used. Dubai had a special Shia 
council to act on matters pertaining to Shia family law.
    The military has its own court system. Military tribunals try only 
military personnel. National security cases are heard solely by the 
Supreme Court.

    Trial Procedures.--Defendants were presumed innocent until proven 
guilty. The constitution provides the right to a public trial, except 
in national security cases or cases deemed by the judge to be harmful 
to public morality. Juries are not used. Defendants have the right to 
be present at their trial and a limited right to legal counsel in 
court. However, while awaiting a decision on official charges at the 
police station or the prosecutor's office, a defendant is not entitled 
to legal counsel. In all cases involving a capital crime or possible 
life imprisonment, the defendant has a right to government-provided 
counsel. The Government may also provide counsel, at its discretion, to 
indigent defendants charged with felonies punishable by imprisonment of 
three to 15 years. The law provides prosecutors discretion to bar 
defense counsel from any investigation. Defendants and their attorneys 
can present witnesses and question witnesses against them, and defense 
counsel had access to relevant government-held evidence.
    By law all prosecutions are conducted in Arabic; however, despite 
the defendant's procedural right to a translator, in some cases 
involving deportation of illegal residents, translation was provided 
only at sentencing.
    Each court system has an appeals process. Death sentences may be 
appealed to the ruler of the Emirate in which the offense is committed 
or to the President of the federation. In the case of murder, only the 
victim's family may commute a death sentence. The Government normally 
negotiates with victims' families for the defendant to offer diya in 
exchange for forgiveness and a commuted death sentence.
    In cases in which a defendant is acquitted, the prosecutor may 
appeal the acquittal to a higher court, which may receive additional 
evidence. An appellate court must reach unanimous agreement to overturn 
an acquittal.

    Political Prisoners and Detainees.--There were no reports of 
political detainees or prisoners; however, there were persons 
reportedly held incommunicado and without charge for unknown reasons.

    Civil Judicial Procedures and Remedies.--Citizens and noncitizens 
could access the courts to seek damages for, or cessation of, human 
rights violations. The civil courts, like all courts in the country, 
lacked full independence. Administrative remedies were available for 
labor complaints and were particularly common in cases of physical 
abuse of domestic workers.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits entry into homes without 
the owner's permission, except when police present a warrant in 
accordance with the law; however, there were credible reports that 
security forces sometimes failed to obtain warrants. Officers' actions 
in searching premises were subject to review, and officers were liable 
to disciplinary action if their actions were judged to be 
irresponsible. Authorities did not commonly screen private 
correspondence; however, there have been reports of censorship of 
incoming international mail.
    Local interpretation of Shari'a law prohibits Muslim women from 
marrying non-Muslims and Muslim men from marrying women not"of the 
book,'' i.e., adherents of religions other than Islam, Christianity, 
and Judaism.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press; however, the Government restricted 
these rights in practice. The law prohibits criticism of rulers and 
speech that may create or encourage social unrest. Journalists and 
editors practiced extensive self-censorship for fear of government 
retribution, particularly since most journalists were of foreign origin 
and feared deportation.
    Public criticism of the Government and ministers is permissible in 
a limited context, but criticism of ruling families, particularly 
sheikhs, is not permitted. However, criticism of sheikhs occurred with 
extreme caution and in private.
    The Government owned three of the country's newspapers and heavily 
influenced the privately owned media, including through government 
subsidies. The government-owned Emirates News Agency regularly provided 
material in English and Arabic that some newspapers printed verbatim. 
Except for media located in Dubai's Media Free Zone and foreign 
language media targeted to expatriates, most television and radio 
stations were government-owned and conformed to unpublished government 
reporting guidelines. With the exception of Pakistan's GEO TV, foreign 
journalists and news organizations operating out of the Dubai Media 
Free Zone reported no restrictions on the content of print and 
broadcast material produced for use outside the country. Satellite 
receiving dishes were widespread and provided access to international 
broadcasts without apparent censorship.
    On June 15, Pakistani television channel GEO News permanently 
relocated its office and staff to an undisclosed country. Station 
managers claimed they were given 48 hours to leave the Dubai Media Free 
Zone or halt the broadcasting of two shows. The shows allegedly covered 
efforts to reinstate judges dismissed by Pervez Musharraf, Pakistan's 
former President.
    By law the National Media Council (NMC), appointed by the 
President, licenses and censors all publications, including private 
association publications. Media outlets must inform the NMC of the 
appointment of editors, and the NMC is responsible for issuing press 
credentials. The law authorizes censorship of domestic and foreign 
publications to remove criticism of the Government, ruling families, or 
friendly governments, as well as other statements that ``threaten 
social stability.'' According to the council and Dubai police 
officials, journalists were not given specific publishing instructions; 
however, government officials reportedly warned journalists when they 
published material deemed politically or culturally sensitive. 
Journalists practiced extensive self-censorship regarding the issues 
they chose to cover.
    On May 2, the NMC instructed a printing press to stop printing six 
vernacular publications, four dailies in Malayalam and two papers in 
Urdu. The NMC explained that the printing press had not obtained legal 
permission to print the papers. On November 18, Abu Dhabi's federal 
court of appeal ruled to ban Emarat Al Youm daily newspaper from 
publishing for 20 days in a defamation case raised by the Emirati 
Warsan Stables owners, who are members of the ruling family; however, 
the newspaper continued publishing, and the ban was never enforced. The 
court also fined the newspaper's chief executive officer and editor in 
chief 20,000 dirhams (approximately $5,445) each. The case revolved 
around a 2006 article alleging that the stable was doping its horses to 
gain advantages in international races.
    The Government used libel laws to suppress criticism of its 
leaders.Although no journalists have received prison sentences for 
defamation since September 2007, when Vice President and Prime Minister 
Sheikh Mohammed bin Rashid al-Maktoum ordered that journalists no 
longer be imprisoned for such violations, other punishments for 
violations remained in force.
    The NMC censors reviewed all imported media and banned or censored 
before distribution any material considered pornographic, excessively 
violent, derogatory to Islam, supportive of certain Israeli government 
positions, unduly critical of friendly countries, or critical of the 
Government or ruling families. Publication of books was treated in the 
same manner.

    Internet Freedom.--The Government restricted access to some Web 
sites on the Internet and monitored chat rooms, instant messaging 
services, and blogs. Individuals and groups generally engaged in 
peaceful expression of views via the Internet, including by e-mail, 
with few reports of government prosecution or punishment, although 
self-censorship was apparent in many chat rooms and blogs. The UN Human 
Development Report estimated there were more than 300 Internet users 
per 1,000 persons.
    On September 12, an appeals court upheld an August 2007 decision 
sentencing Majan.net's owner and a blogger to one year in prison and a 
fine of 70,000 dirhams (approximately $19,070) when they refused to 
delete critical comments about a government official.
    Etisalat, the country's only Internet service provider, blocked via 
a proxy server material deemed inconsistent with the country's values. 
Blocked material included dating and matrimonial sites; gay and lesbian 
sites; sites concerning the Baha'i faith; sites originating in Israel; 
and sites explaining how to circumvent the proxy server. The proxy 
server occasionally blocked broad categories of sites including many 
that did not meet the intended criteria. Etisalat populated its proxy 
server list of blocked sites primarily from lists purchased from 
commercial companies, although individuals could also report offensive 
sites. Social Web site Orkut and politically oriented Web sites 
ArabTimes.com and UAEPrison.com remained blocked during the year. 
Etisalat denied having the authority to block any site and referred all 
complaints and suggestions to the NMC.
    The law explicitly criminalizes the use of the Internet to commit a 
wide variety of offenses, providing fines and prison terms for Internet 
users who violate political, social, and religious norms. In addition 
to criminalizing acts commonly associated with ``cyber crimes,'' such 
as hacking, phishing, scams, and other forms of financial fraud, the 
law also provides penalties for using the Internet to oppose Islam, 
proselytize Muslims to join other religions, ``abuse'' a holy shrine or 
ritual of any religion, insult any religion, or incite someone to 
commit sin. The law criminalizes use of the Internet in transcending 
``family values'' by publishing news or photos pertaining to a person's 
private life or family or by promoting a breach of public decency.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom and censored academic materials destined for schools. 
The Government banned students from reading texts featuring sexuality 
or pictures of the human body. The Government also restricted 
participation in certain cultural events, primarily events that are 
deemed un-Islamic.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
provides for freedom of assembly and association; however, in practice 
the Government did not respect these rights.

    Freedom of Assembly.--The law requires a government permit for 
organized public gatherings. The Government did not permit public 
meetings or demonstrations for political purposes. On December 31, 
security forces in the Emirate of Sharjah prevented an assembly that 
was intended to show solidarity with the people of Gaza. In practice 
the Government did not regularly interfere with informal nonpolitical 
gatherings held without a government permit in public places, unless 
there were complaints.
    During the year there continued to be periodic gatherings without 
government permission, sometimes of laborers protesting wages. Except 
in the few cases in which crowds became destructive or violent, the 
Government did not interfere.
    Citizens normally confined political discussions to informal 
gatherings, or majlises, held in private homes.

    Freedom of Association.--Political organizations, political 
parties, and trade unions are illegal. All NGOs were required to 
register with the Ministry of Social Affairs, and many received 
government subsidies. Approximately 100 domestic NGOs were registered 
with the ministry, mostly citizens' associations for economic, 
religious, social, cultural, athletic, and other purposes. More than 20 
unregistered local NGOs that focused on nonpolitical topics operated 
with little or no government interference.
    On June 15, 83 former teachers lodged protests with the Ministry of 
Education over their transfers to other ministries or nonteaching 
positions. According to the Government, the teachers were reassigned as 
part of ongoing education reform initiatives; however, the teachers 
alleged that the Government was suspicious of their membership in the 
Reform and Social Guidance Association and therefore reassigned them. 
Some of the teachers' wives, who also worked at the Ministry of 
Education, claimed their promotions were suspended, and there were 
allegations that some of the teachers' children were denied 
scholarships.
    Associations must follow the Government's censorship guidelines and 
receive prior government approval before publishing any material. 
Participation by NGO members in events outside the country is 
subsidized and directed by the Government. Participants must obtain 
government permission before attending such events, even if they are 
not speakers.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion in accordance with established customs; however, the law 
prohibits Muslims the freedom to change religion, and the Government 
restricted religious freedom in practice. The federal constitution 
declares that Islam is the official religion of the country; conversion 
to Islam was viewed favorably, and the Government funded or subsidized 
approximately 95 percent of Sunni Muslim mosques.
    Individual Emirates exercised considerable autonomy in religious 
matters. According to the General Authority of Islamic Affairs and 
Endowments (GAIAE), there was no formalized method of granting official 
status to religious groups other than by granting them the use of land 
for the construction of a building. Land grant applications are filed 
at the local level but may include a letter from the GAIAE. Several 
non-Muslim groups operated houses of worship where they can practice 
their religion freely. Groups that did not have their own buildings 
were limited in their ability to assemble for worship; they were 
required to use the facilities of other religious organizations or 
worship in private homes. The police or other security forces did not 
interfere with these gatherings during the year. Members of the 
country's large Hindu community had to obtain official permission to 
use one of the two cremation facilities and associated cemeteries.
    Islamic studies were mandatory in public schools and for all Muslim 
children in private schools.
    The Government prohibited Muslims from converting to other 
religions. Under Shari'a the ultimate penalty for converting from Islam 
to another religion is death; however, the death penalty was rarely 
carried out, and there have been no reports that it has been applied to 
any case of conversion.
    Non-Muslims were subject to criminal prosecution, imprisonment, and 
deportation if they were found proselytizing or distributing religious 
literature to Muslims; however, there were no reports of such actions 
during the year. Missionaries continued to perform humanitarian work in 
the country and faced no restrictions on proselytizing non-Muslims.
    The Government monitored religious groups, including those 
professing adherence to Islam. A GAIAE committee drafted and 
distributed all Friday sermons to Sunni and Shia imams, and the 
Government monitored the sermons for adherence to the scripted content. 
The Emirate of Dubai had approval authority over preachers in private 
mosques.
    The Government banned or censored certain religious publications 
and sometimes blocked Web sites containing religious information. These 
sites included information on the Baha'i faith, Judaism, negative 
critiques of Islam, and testimonies of former Muslims who had converted 
to Christianity.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses based on religion; however, some discrimination 
existed, and anti-Semitism was present in the media.
    There were no synagogues for the small, resident, noncitizen Jewish 
population. Anti-Semitism was apparent in news articles and editorial 
cartoons depicting negative images of Jews. These expressions occurred 
primarily in private daily newspapers without government response.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, emigration, and repatriation, and the 
Government generally respected these rights in practice; however, there 
were legal restrictions on foreign travel. The Government cooperated 
with the Office of the UN High Commissioner for Refugees (UNHCR) on a 
humanitarian basis but did not grant refugee status or asylum.
    Male citizens involved in legal disputes under adjudication were 
not permitted to travel overseas. Custom dictates that a husband can 
bar his wife, minor children, and adult unmarried daughters from 
leaving the country by taking custody of their passports. However, 
there was no enforcement of this custom at exit points that would bar 
an individual from traveling, unless there was a court order. The 
Government may revoke naturalized citizens' passports and citizenship 
status for criminal or politically provocative actions. However, such 
revocations were rare, and there were no reports of its use during the 
year.
    The constitution prohibits forced exile, and there were no reported 
cases 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. 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.
    Refugees generally were required to petition for settlement in 
third countries. The Government continued to detain some persons 
seeking refugee status, particularly Palestinians and non-Arabs, while 
they awaited resettlement in third countries.

    Stateless Persons.--Citizenship of the country is generally derived 
from one's parents. Estimates suggested that 20,000 to 100,000 persons 
without any citizenship or proof of citizenship lived in the country; 
however, the Government continued to improve naturalization procedures 
for these stateless residents (known as Bidoon) during the year. From 
September 7 to November 6, registration centers in four Emirates 
accepted naturalization applications from individuals who had been 
resident in the country at least since the federation's establishment 
in 1971. On October 18, the Government granted nationality to 51 
previously stateless persons.
    Children of female citizens married to noncitizens do not acquire 
citizenship at birth; however, female citizens under these 
circumstances can apply for citizenship for their children, and the 
Government generally grants it. Foreign women may receive citizenship 
through marriage to a citizen after 10 years of marriage, and anyone 
may receive a passport by Presidential fiat.
    Most Bidoon lacked citizenship because they did not have the 
preferred tribal affiliation used to determine citizenship when the 
country was established. Others had entered the country, legally and 
illegally, in search of employment. The Bidoon faced discrimination in 
employment and had limited access to medical care and education. 
Without passports or other identity documents, their movement was 
restricted, within the country and internationally.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens the right to change their 
government peacefully or freely change the laws that govern them. There 
were no democratic general elections or institutions, and citizens did 
not have the right to form political parties.
    On December 16, the Government denied the FNC the right to discuss 
publicly the increasingly political topics of national identity 
associated with the demographic imbalance between the minority citizen 
population and the majority expatriate population.

    Elections and Political Participation.--In 2006 a 6,689-member 
appointed electorate elected half of the 40-seat FNC, a consultative 
body that has no legislative mandate. On December 2, The Supreme 
Council announced a constitutional amendment that extended the term of 
FNC members from two to four years.
    Federal executive and legislative power is in the hands of the 
Federal Supreme Council, a body composed of the hereditary rulers of 
the seven Emirates that elects from its members the country's President 
and vice President. Decisions at the federal level generally were made 
by consensus among the rulers, their families, and other leading 
families. The ruling families, in consultation with other prominent 
tribal figures, also choose new Emirate rulers.
    Although the FNC has no legislative authority, it generally 
reviewed all federal draft laws and decrees before they were officially 
adopted by the Federal Supreme Council, and it could send legislation 
back for amendment. The FNC also has the authority to question any 
government minister. During the year the Government accepted 80 percent 
of the FNC's recommendations. Former and present FNC members called 
during the year for greater legislative powers.
    Despite laws discouraging women's political activities, some women 
were active in political life, mostly at the federal level. Four women 
were appointed ministers in the cabinet; nine women, one of whom was 
elected, served in the FNC; and despite a law prohibiting women from 
serving in the judiciary, several women served as public prosecutors or 
judges. In Sharjah, seven women served on the 40-seat Consultative 
Council, and two women served as directors of local departments; 
however, no women held nonfederal senior government positions in the 
other Emirates.
    Except in the judiciary, minorities, including Shia, did not serve 
in senior federal positions. Many judges were contracted foreign 
nationals.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented the law effectively. Government corruption reportedly 
occurred at the administrative level. There were no financial 
disclosure laws for public officials.
    On January 8, the Abu Dhabi Naturalization and Residency Department 
arrested an employee of the Al Ain Naturalization and Residency 
Department for illegally issuing entry visas for cash. In Dubai there 
were other high-profile corruption investigations during the year that 
led to criminal charges of betrayal of trust and unlawfully taking 
possession of money and property.
    On October 25, the Department of Accountability returned to the 
treasury approximately 300 million dirhams (approximately $82 million), 
which employees had embezzled. At year's end there was no information 
regarding what had happened to the employees.
    The law provides for public access to government information, but 
the Government followed this provision selectively. Requests for access 
usually went unanswered.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not generally permit organizations to focus on 
political issues.However, two recognized local human rights 
organizations existed: the quasi-independent EHRA--which focused on 
human rights issues and complaints such as labor rights, stateless 
persons' rights, and prisoners' well-being and humane treatment--and 
the government-subsidized Jurists' Association Human Rights Committee--
which focused on human rights education and conducted seminars and 
symposia subject to government approval. Although it was headed by a 
government prosecutor, the EHRA generally operated without government 
interference, apart from the many requirements faced by all 
associations in the country. However, lack of government interference 
did not imply full cooperation. For example Ministry of Interior 
officials refused to meet with EHRA members concerning the treatment of 
prisoners and conditions in detention facilities.
    The Government did not allow international human rights NGOs to be 
based in the country but allowed representatives to visit on a limited 
basis. There were no transparent standards governing visitation from 
international NGO representatives.
    The Government generally cooperated with other international 
organizations, including the UN Children's Fund (UNICEF) and UNHCR. The 
UN Office for the Coordination of Humanitarian Affairs maintained an 
office in the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equality before the law without 
regard to race, nationality, or social status, and the law prohibits 
discrimination based on disability; however, legal and cultural 
discrimination existed and went unpunished.

    Women.--Rape is punishable by death under the penal code, but in 
Shari'a courts the extremely high burden of proof often meant that the 
crime was not recognized. The penal code does not specifically address 
spousal rape. During the year there were 53 rape cases reported, of 
which 46 resulted in convictions with sentences varying from three 
months in prison to life imprisonment and deportation for noncitizens. 
However, given the onerous burden of proof and societal pressure, it 
was likely that the actual incidence of rape was much higher.
    Domestic abuse against women, including spousal abuse, was a 
pervasive problem. The penal code allows men to use physical means, 
including violence, at their discretion against female and minor family 
members. Nevertheless, some domestic abuse cases may be filed as 
assault without intent to kill, punishable by 10 years in prison if 
death results, seven years for permanent disability, and one year for 
temporary injury. Victims of domestic abuse may file complaints with 
police units stationed in major public hospitals. Social workers and 
counselors, usually female, also maintained offices in public hospitals 
and police stations. In 2007 Dubai police handled 126 cases of wife 
beating and more than 200 nonphysical domestic conflict cases. Women 
were often reluctant to file formal charges of abuse for social, 
cultural, and economic reasons. There were several reports that police 
refused to protect women and instead encouraged them to return home. In 
some cases authorities contacted the allegedly abusive husbands asking 
them to transport their wives home. In 2007 the Dubai Foundation for 
Women and Children, funded by the Dubai government, opened a shelter to 
serve victims of human trafficking and domestic violence.
    There were no specific reports of honor crimes or killings, 
although such incidents were rumored to occur within the Muslim 
expatriate population.
    Paternity denial was an emerging problem in the courts. Despite DNA 
tests proving paternity, the courts could not force a man to accept 
paternal responsibility. The implications for the mothers of these 
children were extremely serious because the women faced potential 
charges of adultery, a legally punishable crime.
    Prostitution is illegal; however, it has become an increasing 
problem in recent years, particularly in Dubai. Although prostitution 
was widely acknowledged to exist, the Government did not address the 
issue publicly. However, one police officer was charged for informing 
the female head of a brothel of an impending police raid. There was no 
evidence of sex tourism.
    During the year the press reported that men were arrested and 
prosecuted for harassing women in public. The penal code prohibits 
``disgracing or dishonoring'' a person in public, punishable by a 
minimum of one year in prison, and up to 15 years if the victim is 
younger than 14. An ``infamous'' act against the rules of decency 
carries a penalty of six months in prison, and ``dishonoring a woman by 
word or deed on a public roadway'' results in up to one year in prison 
and a 10,000 dirham (approximately $2,700) fine. On January 28, the 
public prosecutor charged a driver with molesting a shopper in a store, 
violating her privacy, and indecently gesturing in a public place.
    Women also faced legal and economic discrimination. The 
Government's interpretation of Shari'a was applied in personal status 
cases and family law. Muslim women were forbidden to marry non-Muslims. 
Unlike men, female citizens married to noncitizens did not 
automatically pass citizenship to their children. The law permits a man 
to have as many as four wives. Women normally inherited less than men 
under the Government's interpretation of Shari'a. For example a son may 
inherit double what a daughter inherits when their parent dies. It was 
difficult for a woman to obtain a divorce as she is required to prove 
that her husband has inflicted physical or moral harm upon her, that he 
has abandoned her for at least three months, or that he has not 
maintained her upkeep or that of their children. Alternatively, women 
may divorce by paying compensation or surrendering their dowry to their 
husbands. The law gives divorced women custody of female children only 
until the age of 13 and male children only until the age of 10. 
Fornication is a crime, and the Government may imprison and deport 
noncitizen women if they bear children out of wedlock.
    No law prohibits women from working or owning businesses, and a man 
has no right under the Government's interpretation of Shari'a to ban 
his wife from working if she was employed at the time of their 
marriage; however, some husbands reportedly prevented their wives from 
working. Women who worked outside the home sometimes did not receive 
equal benefits, and women also reportedly faced discrimination in 
promotion.
    Women constituted 65 percent of all university students. 
Coeducation is prohibited in public schools and universities except at 
the UAE University Executive MBA Program. Several private schools, 
private universities, and institutions are coeducational.
    The Government continued to make efforts to integrate women more 
fully. On January 16, the first female pilots graduated from Khalifa 
bin Zayed Air College, and on September 15, the country appointed its 
first two female ambassadors. Women comprised 10 percent of the 
country's diplomatic corps. On November 5, at the Dubai Judicial 
Institute, 10 female trainees were sworn in as the first female public 
prosecutors in the Emirate of Dubai.

    Children.--The Government registered Bidoon births but did not 
grant citizenship to the children, who remained stateless.
    Education is compulsory through the ninth grade; however, 
compulsory education was not enforced, and some children did not attend 
school. Noncitizen children could enroll in public schools only if they 
scored at least 90 percent on entrance exams. Primary education was 
provided free to citizens, but not to noncitizens. Public schools were 
not coeducational after kindergarten, and statistically, in every age 
group, girls and women were more academically successful and continued 
to higher levels of education than their male peers.
    Child abuse was not prevalent, although there was some evidence 
that societal influences prevented cases from being reported. The law 
protects children from abuse and trafficking and the Government 
provides shelter and help for victims. However, the law does not 
address female genital mutilation (FGM), which some Somali, Omani, and 
Sudanese expatriates practiced. The Ministry of Health prohibits 
hospitals and clinics from performing FGM, but some private clinics in 
the northern Emirates and rural areas continued to carry out the 
procedure.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, trafficking continued to be a serious problem. The 
country remained a destination for men, women, and children from South 
and East Asia, Eastern Europe, Africa, and the Middle East for 
involuntary servitude and sexual exploitation, and a transit point for 
women trafficked into Oman and men into Iraq.
    Women from India, Sri Lanka, Bangladesh, Indonesia, Ethiopia, and 
the Philippines migrated willingly to the country to work as domestic 
servants, but some faced debt bondage to recruiters; conditions of 
involuntary servitude such as excessive work hours without pay; verbal, 
mental, physical, or sexual abuse; and restrictions on movement. 
Similarly, men from India, Sri Lanka, Bangladesh, and Pakistan who came 
to the country to work in the construction industry were sometimes 
subject to involuntary servitude and debt bondage to pay off 
recruitment costs. Although illegal, it was customary for employers to 
take custody of workers' passports. Observers believed that resident 
citizen employment sponsors and foreign-based traffickers partnered to 
traffic women and girls into the country, especially to Dubai, for 
commercial sexual exploitation. A trafficker may promise a legal 
employment opportunity and supply a victim with a fraudulent passport 
with an inflated age; after the victim enters the country on a 
visitor's or worker's visa, a fraudulent employment sponsor might force 
the victim into commercial sexual exploitation.
    The law prescribes punishments including jail sentences for those 
convicted of trafficking, including for commercial sexual exploitation 
and involuntary servitude. The National Committee to Combat Human 
Trafficking is the Government entity responsible for combating 
trafficking in persons, in coordination with law enforcement and 
government ministries. Although there were 11 prosecutions and 
convictions during the year, enforcement and punishments generally 
remained lacking.
    The Government has not fully developed an effective method to 
screen and identify actual or potential trafficking victims who do not 
identify themselves to authorities. As a result many victims were 
believed to have been deported on criminal charges without access to 
protective services or without being able to testify against their 
traffickers. There were reports from foreign embassies that some police 
authorities pressured victims not to pursue complaints against their 
employers and assisted employers in repatriating victims before a 
criminal complaint could be filed. Victims who were unable to provide 
evidence of trafficking were sometimes provided with food and shelter 
until they acquired travel documents to return home. At least one 
official and one private shelter in Dubai assisted victims of abuse and 
trafficking. The National Committee for Combating Human Trafficking 
continued its active efforts to eliminate trafficking through awareness 
campaigns, training of law enforcement personnel, and coordination of 
government efforts.
    The Government continued a program with UNICEF and other countries 
to repatriate and rehabilitate former camel jockeys.
    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. Most public buildings provided some 
form of access for persons with disabilities in accordance with the 
law. There were no reported incidents of discrimination against persons 
with disabilities in employment or education; however, health care 
provided in the Ministry of Labor's (MOL) five federal rehabilitation 
centers, as well as that in private centers, was reportedly inadequate. 
Moreover, the public centers were not available to noncitizens.
    Various departments within the ministries of labor and education 
were responsible for protecting the rights of persons with 
disabilities. One percent of all Federal Government jobs and 2 percent 
of government jobs in Abu Dhabi are reserved for persons with 
disabilities. On May 19, the Ministry of Economy hired a severely 
visually impaired woman upon a request from the EHRA, and on July 9, 
the MOL acknowledged the contributions of six employees with 
disabilities who had been working there since 2000.

    National/Racial/Ethnic Minorities.--Societal discrimination against 
noncitizens, comprising approximately 80 percent of the resident 
population and originating primarily from the Indian subcontinent, was 
prevalent and occurred in most areas of daily life, including 
employment, education, housing, social interaction, and health care. 
Although the Government endeavors to improve standards of living for 
all residents, there were few programs targeted at improving conditions 
for noncitizens.

    Other Societal Abuses and Discrimination.--Both civil law and 
Shari'a criminalize homosexual activity, and Islamic religious law sets 
the death penalty as punishment for individuals who engage in 
consensual homosexual activities. During the year there were reports 
that the Government deported and sentenced to prison individuals for 
being openly homosexual.
    Cross-dressing, according to the law, is a punishable offense. On 
May 26, Dubai police announced that transvestites would be arrested if 
caught in public. Police arrested 40 cross-dressing tourists in local 
shopping malls and other public places over the following three weeks 
and deported them soon after.
    On April 8, Dubai courts confirmed 15-year jail terms for two 
citizen men and a three-year term for one male minor citizen for the 
July 2007 gang rape of a 15-year-old Swiss-French boy. The victim left 
the country before any criminal prosecution.
    Persons with HIV/AIDS and other diseases also faced discrimination. 
There were credible reports that government officials discriminated 
against prisoners with HIV by not granting commuted sentences or parole 
that other prisoners with similar records had received. Noncitizen 
residents infected with HIV, hepatitis types B and C, and tuberculosis 
were denied all healthcare benefits, quarantined, and deported. During 
the year the Government deported 1,518 non-citizen residents infected 
with these diseases. The EHRA also reported that several women 
diagnosed with breast cancer were fired solely because of their illness 
and that hundreds of women were reluctant to undergo medical 
examinations to detect breast cancer for fear of losing their jobs if 
they received a positive diagnosis.
Section 6. Worker Rights
    a. The Right of Association.--The law does not authorize workers to 
form or join unions, and no unions existed. Professional organizations, 
such as a lawyers' association, existed; however, they had to receive 
government approval for international affiliation.
    The law does not explicitly prohibit strikes by private sector 
workers, but it allows an employer to suspend an employee for 
temporarily striking. In addition the Government may cancel the work 
permit of and deport any foreign worker absent from work for more than 
seven days without a valid reason. The individual would be banned from 
working in the country for one year. The Government forbids strikes by 
public sector employees, citing national security. Public sector 
employees may file an administrative grievance or a case in the civil 
courts to address a labor-related dispute or grievance; however, there 
was no evidence of any such grievances or cases.
    The Government did not generally punish workers for nonviolent 
protests in response to nonpayment of wages by employers. However, 
during the year the Government took measures to break up nonviolent 
protests.
    Approximately 10,000 workers participated in at least seven strikes 
during the year. Most grievances were related to unpaid wages and 
hazardous or abusive working conditions.
    For example, on February 11, more than 300 workers demonstrated in 
Ajman against their Dubal-based employer over unpaid salaries. The 
workers marched from their residences in Ajman to the Dubai labor 
office, stopping in Sharjah to file a case against their employer. The 
workers complained that they had not been paid in four months and that 
their living conditions were unsuitable. Shajrah police dispersed the 
strike peacefully and sent the workers back to Ajman. The MOL summoned 
the employer, who agreed to resolve the dispute.
    On July 7, approximately 3,000 workers in Ras Al-Khaimah protested 
salary levels. The strike turned violent as workers burned cars and 
buses. The MOL could not intervene in this contractual dispute because 
the company operated in a free trade zone (FTZ) in the Emirate of Ras 
Al-Khaimah. The workers were arrested and detained by the police for 
approximately two weeks. The police imprisoned eight persons who 
allegedly instigated the incident. The instigators will be deported at 
the end of their sentence. At year's end there was no information on 
the length of their sentence.

    b. The Right to Organize and Bargain Collectively.--Employees 
covered by the labor law--which excludes domestic, agricultural, and 
government workers--may file collective employment dispute complaints 
in Arabic with the MOL, which serves as mediator between the parties. 
Unresolved disputes may be filed with the labor court system and 
forwarded to the Conciliation Council. In practice most cases were 
resolved through direct mediation. The Government granted some 
professional associations with mostly citizen membership a limited 
ability to raise work-related issues to petition the Government for 
redress and to file grievances with the Government. Foreign workers may 
belong to these associations; however, they do not have voting rights 
and cannot serve on the boards of the organizations.
    Businesses in the FTZs are not subject to labor statutes. The MOL 
does not regulate the FTZs; instead, each FTZ maintained its own labor 
department. Unions and strikes are not allowed in any FTZs.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
instances of forced and compulsory labor affecting some adults, 
noncitizens in particular.
    Some employment agents continued to bring numerous foreign workers 
to the country to work under forced or compulsory conditions, and there 
continued to be reports of worker suicides. Some women were brought to 
the country under false promises of legitimate employment and forced 
into prostitution. Low-paid unskilled and semiskilled workers were also 
victims of contract switching, which occurred when a worker was offered 
a certain position but received a visa labor card for a different 
position.
    Lack of payment to employees, especially foreign workers, for 
extended periods of time was common. On June 1, to reduce the problem 
of unpaid wages, the MOL and the Central Bank signed a memorandum of 
understanding that facilitated direct deposits of laborers' salaries; 
however, the system had not taken effect at year's end.
    Some domestic and agricultural workers were subject to de facto 
compulsory labor. Employers routinely held employees' passports, 
severely restricting their freedom of movement. There were increasing 
incidents of employees being prevented from changing positions because 
their contracts stipulated that they were banned from working for a 
``competitor'' for six months after their original employment ended; 
the only way to overcome the six-month ban was to seek a letter of ``no 
objection'' from the original employer. However, some employers, as 
retribution, refused to sign such letters. The MOL made exceptions 
during the year by not requiring letters of ``no objection'' if the 
employee had completed three years in the original position or if the 
employer had withheld salary.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits employment of persons younger than 15 and has special 
provisions for employing persons 15 to 18 years of age, including 
expatriate children 16 or older. The MOL is responsible for enforcing 
these regulations and generally enforced them effectively. However, 
there were rare reports of foreign children who came to the country 
under their parents' work permits and subsequently were pressured to 
work.

    e. Acceptable Conditions of Work.--There is no minimum wage, 
leaving much of the workforce without sufficient compensation for more 
than a minimal subsistence. Salaries, which depend on the occupation 
and employer, were estimated to range upward from 400 dirhams 
(approximately $110) per month for domestic or agricultural workers and 
from 600 dirhams ($164) per month for construction workers. Highly 
skilled and white-collar employees generally received higher salaries.
    According to the labor law, the workday is eight hours, and the 
workweek six days; however, these standards were not enforced. There 
were laws regulating minimum rest periods and hours worked, which 
varied depending on nature of work. There was no legal provision 
requiring overtime pay, nor was there a prohibition on excessive 
compulsory overtime. However, domestic workers are under the 
jurisdiction of the MOI and not regulated by the current labor laws. 
The unregulated conditions of domestic workers left them vulnerable to 
long work days and underpayment.
    The law requires that employers provide employees with a safe work 
and living environment; however, despite recent increases in the number 
of MOL inspectors, the Government did not uniformly enforce health and 
safety standards. At year's end there were 48 safety and health 
inspectors. The MOL also employed language interpreters to assist 
foreign workers in understanding employment guidelines.
    Despite efforts to improve housing facilities, some low-skilled and 
foreign employees continued to face substandard living conditions, 
including overcrowded apartments or lodging in unsafe and unhygienic 
``labor camps,'' which sometimes lacked electricity, potable water, and 
adequate cooking and bathing facilities. Construction of newer worker 
accommodations is ongoing.
    On August 26, a fire killed 11 workers in a labor housing unit in 
Dubai. In response, the Dubai government sent warning notices to 
contractors to vacate 422 labor housing units for noncompliance with 
safety conditions.
    The MOL requires a break from 12:30 p.m. to 3:00 p.m. for most 
outdoor laborers during July and August, the hottest months of the 
year; however, oil sector and asphalt and cement companies, among 
others, were not required to give their employees this midday break, 
putting workers at risk for heat exhaustion.
    Domestic workers were routinely subject to physical, sexual, and 
emotional abuse. On June 5, a Fujairah court imposed a fine of 4,000 
dirhams (approximately $1,100) against a woman accused of beating her 
maids and breaking their bones.
    Workers' jobs were not protected if they removed themselves from 
what they considered unsafe working conditions; however, all workers 
have the right to lodge labor-related grievances.
    During the year the press reported a number of cases of workers who 
were injured or killed on job sites due to inadequate safety measures. 
Although the law requires the Government to track job-related injuries 
and deaths, in practice the Government registers the cases but does not 
necessarily follow up on them.

                               __________

                                 YEMEN

    Yemen, with a population of more than 21 million, is a republic 
whose law provides that the President be elected by popular vote from 
among at least two candidates endorsed by parliament. In 2006 citizens 
re-elected President Ali Abdullah Saleh to another seven-year term in a 
generally open and competitive election, characterized by multiple 
problems with the voting process and the use of state resources on 
behalf of the ruling party. Saleh has led the country since 1978. The 
President appoints the prime minister, who is the head of government. 
The prime minister, in consultation with the President, selects the 
Council of Ministers. Although there is a multiparty system, President 
Saleh's General People's Congress Party (GPC) dominates the Government. 
Although civilian authorities generally maintained effective control of 
the security forces, there were a few instances in which elements of 
the security forces acted independently of government authority.
    During an ongoing internal conflict that began in 2004, the 
Government used heavy force in an attempt to suppress the al-Houthi 
rebels in Saada governorate. In May the conflict spread for the first 
time beyond Saada to Bani Hushaish, a village on the outskirts of the 
capital. Both sides agreed to a fragile ceasefire in July. Although 
total deaths resulting from the conflict during the year are unknown, 
an estimated 1,000 government troops were killed and 3,000 wounded in 
the month of May alone. No reliable estimates for the number of rebel 
or civilian deaths were available.
    Significant human rights problems persisted. There were limitations 
on citizens' ability to change their government due to corruption, 
fraudulent voter registration, and administrative weakness. There were 
reports of arbitrary and unlawful killings by government forces, 
politically motivated disappearances, and torture in many prisons. 
Prolonged pretrial detention, judicial weakness and fiat, serious 
corruption, and poor prison conditions were also problems. During the 
year excessive government force was reportedly used against 
participants in public demonstrations. Arbitrary arrest and detention 
and other abuses increased, particularly of individuals with suspected 
links to the Zaydi Shia al-Houthi movement in and around the northern 
governorate of Saada and to the series of political demonstrations in 
Lahj governorate in the southern part of the country. International 
humanitarian groups estimated that in the summer there were as many as 
75,000 internally displaced persons (IDPs) as a result of the Saada 
conflict. By the end of the year, about 6,000 persons were living in 
refugee camps in Saada. Academic freedom was restricted.Restrictions on 
freedom of speech, the press, and peaceful assembly increased, and 
harassment and intimidation of journalists and oppositionists 
continued. Pervasive and significant discrimination against women 
continued to occur, as did child labor and child trafficking. The right 
of workers to associate was also 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 reports 
that the Government committed arbitrary or unlawful killings during the 
year. Unlike in the previous year, politically motivated killings by 
the Government or its agents occurred during the year. Security forces 
reportedly killed or injured suspects during apprehensions and public 
demonstrations in actions that appear to have been politically 
motivated.
    During protests in the southern governorates that took place 
throughout the year, security forces killed at least four persons and 
arrested and injured hundreds.
    On January 13, security forces reportedly fired bullets and tear 
gas at demonstrators in the southern city of Aden, killing Saleh 
Abubakr al-Sayed, Mohamed Ali Mohamed, and Saleh Talib Saeed. No 
investigation into their death had been conducted at year's end.
    On April 2, security forces in the city of al-Habileen in Lahj 
governorate reportedly arbitrarily fired upon and killed Abdelfatah 
Saif Abdullah while he was trying to enter the city. No investigation 
into his death had been conducted at year's end.
    On November 15, police shot and killed 16-year-old Hisham Ahmed 
Muhsen during clashes between police and protesters demonstrating at a 
voter registration center in Lahj governorate. The police declined to 
comment and said they opened fire in self-defense. No investigation had 
been conducted at year's end.
    No investigation had been conducted at year's end into the 2007 
deaths of Muhammad Muhammad Ahmad al-Qadi, Muhammad al-Shoaibi, or 
Hashem Abdullah Yahya Hajar.
    There were no new developments in the following unlawful death 
cases from 2006: Abed al-Osaily, a journalist from the newspaper Al-
Nahar; killings in al-Jawf, Lahj, and Dhamar provinces during the time 
of the Presidential and local council elections; and police officer 
Muhammad Said Abdu while he was in custody.
    Tribal violence resulted in a number of killings and other abuses, 
and the Government's ability to control tribal elements remained 
limited. In several cases long-standing tribal disputes were resolved 
through government-supported mediation by nongovernmental actors.
    Other incidents of fatal shootings and violence continued 
throughout the year. In most cases, it was impossible to determine the 
perpetrator or motive, and there were rarely claims of responsibility. 
Some may have had criminal, religious, or political motives, and others 
appeared to involve land disputes or cases of tribal revenge.
    Terrorist activity increased sharply during the year. Numerous 
attacks against government, foreign, and oil interests occurred, 
causing injuries and deaths.
    On January 18, two Belgian tourists and a Yemeni driver were killed 
in Hadhramout governorate when four gunmen ambushed their four-car 
convoy. The Yemen Soldiers Brigade (YSB), an al-Qa'ida in Yemen (AQY) 
affiliated group, later claimed responsibility for the attack in 
addition to the July 2007 attack on a convoy of Spanish tourists in 
Ma'rib.
    On March 18, mortars fired at a foreign embassy in Sanaa hit a 
neighboring girls' school. One embassy military guard and several 
schoolgirls were injured. In a March 21 statement, the YSB claimed 
responsibility for the attack.
    On April 6, three mortars hit residential complex housing Western 
workers in Sanaa.
    On April 30, two mortars hit the Customs Administration parking 
lot, causing a large explosion adjacent to a foreign embassy, which 
many believed to have been the intended target.
    In May an AQY affiliated group claimed it mortared the Presidential 
palace in Sanaa, but no official statement was released acknowledging 
the incident.
    In July AQY claimed responsibility for a suicide car bomb attack on 
a central security forces compound in Hadhramout governorate that 
killed eight persons.
    On September 17, a suicide attack on an embassy in Sanaa killed 18 
persons, including seven attackers. Islamic Jihad in Yemen, reportedly 
a second AQY affiliated group, claimed responsibility for the attack.
    The country was contaminated with mines and unexploded ordnance as 
a result of several conflicts, including the 1962-70 war in the north 
between republicans and royalists, the 1963-67 war of independence in 
the south, the 1970-83 war against left-wing guerrillas, and the 1994 
separatist war. The majority of mines were laid in border areas between 
the former North Yemen and South Yemen and in the southern 
governorates. Mines in the southern governorates were unmapped and 
strewn along beach areas and valleys that lead to the southern coast.
    Beginning in April, there were several reports of the use of 
antipersonnel mines, including antitank and improvised mines, during 
the conflict in the northern Saada province between government troops 
and rebel forces led by Abdul-Malik al-Houthi. At least 60 people, 
including military personnel, were reportedly admitted to hospitals 
with injuries resulting from mine explosions in Saada. The media also 
reported at least four deaths from mine explosions in the region during 
the year.
    According to the Yemen Executive Mine Action Center (YEMAC), eight 
people died from antipersonnel mines during the year. YEMAC tallied at 
least 18 mine and explosive remnants of war (ERW) casualties in 2007, 
including 12 killed and six injured. In 2006 there were at least 19 
mine and ERW casualties, including seven killed and 12 injured, 
according to YEMAC.
    At year's end YEMAC reported that approximately 215 square 
kilometers of land remained to be demined.

    b. Disappearance.--During the year there were reports of 
politically motivated disappearances of individuals associated with 
southern protests and the conflict in Saada. These disappearances were 
generally characterized by short-term arrests and releases. Civil 
society groups accused the Government of using sporadic disappearances 
to intimidate the populace. There were also some reports of tribal 
kidnappings, traditionally carried out to attract government attention 
to specific grievances.
    On March 31 the Political Security Organization (PSO), a security 
apparatus reporting to the President, raided the homes of and arrested 
three leaders of the southern political protests: Hassan Ahmed Baom, 
Ali Mounasser, and Yahya Ghalib Shuaibi. No information was provided as 
to their whereabouts until April 4, when a leading human rights 
organization gained access to them. The PSO released all three men in 
mid-September.
    In March and April the PSO arrested approximately 35 other 
individuals related to the southern movement, including lawyers and 
journalists. They were reportedly held in isolation and some were moved 
from one prison to another to create confusion as to their whereabouts. 
In September President Saleh pardoned all of the detainees during 
Ramadan, a tradition in the country, and all were released from prison.
    On April 7, security forces took Nahr Abdullah Abdulmalik and other 
persons from a hotel in Aden allegedly because of their participation 
in political demonstrations and sit-ins in the south. No information 
was provided as to their whereabouts until April 22, when a leading 
human rights organization gained access to them. Abdulmalik and the 
others were released on May 26.
    On May 21, cleric and chairman of the dissolved al-Haq party's 
Shura Council Mohamed Miftah was kidnapped and detained in a PSO prison 
because of his alleged affiliation with the Saada conflict. The PSO 
denied holding him during his disappearance. He was released on 
September 12 by a pardon from President Saleh.
    On June 30, human rights activist Luay al-Muayed was arrested, 
reportedly in connection with the Saada conflict. No information was 
provided as to his whereabouts until his September 12 release.
    On July 7, Ali Yahya al-Imad was arrested, allegedly in connection 
with the Saada conflict. There was no information regarding his 
whereabouts at year's end.
    A leading human rights organization recorded a total of 56 forcible 
disappearances during the year in connection with the fighting in 
Saada. Other human rights groups believe the number to be much higher.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, according to 
human rights non-governmental organizations (NGOs) and former 
detainees, authorities tortured and abused persons in detention. The 
PSO stated in the previous year that torture does not occur at its 
facilities and noted that new PSO officers must sign a document 
certifying that they recognize torture is illegal according to the laws 
and constitution of the country and that those who torture prisoners 
will be punished according to the law. The 2008 Amnesty International 
(AI) report alleged that many detainees were tortured in PSO custody. 
Reported torture tactics included beatings with fists, sticks ,and 
rifle butts; scalding with hot water; excessively tight handcuffs; 
prolonged blindfolding; denial of water and access to toilets; and 
death threats. Sleep deprivation and solitary confinement were other 
forms of abuse reported in PSO prisons.
    Ministry of Interior (MOI) officers reportedly used force during 
interrogations, especially against those arrested for violent crimes. 
Penal law, based on the Government's interpretation of Shari'a (Islamic 
law), permits amputations and physical punishment such as flogging for 
some crimes. AI reported that floggings occurred during the year in 
cases related to alcohol consumption and sexual offenses.
    Government sources acknowledged that torture occurred; however, 
they claimed that torture was not official policy.
    The domestic NGO National Organization for Defending Rights and 
Freedoms (HOOD) alleged that Adel al-Azani died on May 18 as a result 
of torture in a Criminal Investigation Department (CID) prison. 
Security elements reported that al-Azani's cause of death was suicide. 
His family, however, affirmed that al-Azani died of torture, reporting 
that wounds were still visible on his body when they retrieved him from 
the prison.
    During the year, the Ministry of Human Rights (MOHR) reported it 
received 16 complaints concerning the alleged torture of individuals at 
the hands of the National Security Bureau (NSB) and the Criminal 
Investigative Department (CID). Throughout the year the MOHR followed 
up on cases of torture that were either reported in the press or were 
forwarded to the ministry from NGOs.
    No investigation had been conducted at year's end in the 2007 
torture case of Shaif al-Haimi. In January 2007 National Security 
Bureau (NSB) officers allegedly broke into al-Haimi's house and 
arrested him on charges of theft and disguising himself as an NSB 
officer. Al-Haimi alleged that authorities tortured him during his one-
month prison detention, paralyzing his right hand. Human rights groups 
accused the authorities of fabricating the charge of impersonating an 
NSB officer as a pretext to involve the NSB. The NSB said al-Haimi 
injured himself after a partner in crime confessed to their guilt. Al-
Haimi was re-arrested and then released for health reasons in October 
2007. At year's end he was still awaiting trial in a Ministry of 
Justice (MOJ) specialized criminal court.
    There were reports that the MOI's CID routinely used torture to 
obtain confessions. Defense attorneys and some NGOs claimed that most 
confessions introduced as evidence against defendants in criminal 
courts were obtained through torture. The MOI denied that torture was 
part of its policy. Local NGOs asserted that in several instances in 
which prison abuse cases were referred to the Attorney General's office 
for prosecution, the complainants withdrew their cases after being 
threatened. Government sources denied this allegation.
    The MOHR was unable to provide any updated information on the 
torture case of Muhammad Saleh al-Amari, which it first reported to the 
cabinet in June 2007. Al-Amari was detained by the security department 
for seven months at the Radaa Central Prison in al-Bayda governorate 
for allegedly refusing to disclose information on a murder case. He 
said he was tortured during his detention.
    Security forces reportedly beat detainees and prisoners during the 
year.
    The 2007 case of Azim Hasan Abdullah al-Wosabi was ongoing at 
year's end. According to a leading local NGO, al-Wosabi was beaten when 
he was arrested for stealing in May 2007. He was transferred to a 
rehabilitation center the day after his arrest with wounds still 
visible from the beating. Al-Wosabi was released fromthe rehabilitation 
center in December 2007. The officer accused of beating al-Wosabi, 
Jamal Abdul Naser al-Maghreb, was ordered to court during the year. His 
case was still with the courts at year's end.
    During the year, 21 CID detainees who were arrested and held 
without trial or charges against them in 2006 were released and 
referred to the public funds prosecution. The detainees, who held a 
one-week hunger strike in May 2007, said they would sue the CID for 
material losses and psychological complications resulting from alleged 
mistreatment in prison, according to the Web site NewsYemen.
    On December 14, three foreigners were kidnapped by tribal members 
in the Bait Bous area of Sanaa. The captives were released unharmed on 
December 19 after the Government reportedly paid the tribe's requested 
ransom.

    Prison and Detention Center Conditions.--Local and international 
observers reported that prison conditions remained poor and did not 
meet internationally recognized standards. The MOHR and a number of 
NGOs were granted limited access to MOI prisons. The Government 
severely limited access to PSO prisons by independent human rights 
observers, a claim the PSO denied in 2007.
    Many prisons, particularly in rural areas, were overcrowded, with 
poor sanitary conditions and inadequate food and medical care. In some 
cases, prison authorities extracted bribes from prisoners to obtain 
privileges or refused to release prisoners who had completed their 
sentences until the prisoners' family members paid the authorities.
    Women were held separately from men under equally poor conditions. 
However, men's and women's prisons differed in important respects. By 
custom, young children and babies born in prison were likely to remain 
in custody with their mothers. Local tradition requires male relatives 
of female prisoners to arrange for their release. Female prisoners 
regularly were held in jail after the end of their sentences when male 
relatives refused to authorize their release because of the shame 
associated with the arrest of a female family member.
    In some rural and women's prisons, children were held with adults, 
and pretrial detainees were held with convicted criminals. Security and 
political detainees generally were held in separate facilities operated 
by the PSO.
    Unauthorized ``private'' prisons in rural areas, often controlled 
by tribes, continued to operate. Tribal leaders misused the prison 
system by placing ``problem'' tribesmen in private jails, either to 
punish them for noncriminal actions or to protect them from 
retaliation. At times such prisons were simply rooms in a tribal 
sheikh's house. Persons were often detained in such prisons for 
strictly personal or tribal reasons without trial or judicial 
sentencing. Although senior government officials did not officially 
sanction these prisons, there were credible reports of the existence of 
other private prisons located within government installations.
    Persons with mental illness who had committed crimes were 
imprisoned without adequate medical care. The MOI denied this charge 
and asserted that nurses and doctors watched over mentally ill 
detainees. In some instances, authorities detained without charge 
persons with mental illness and placed them in prisons with criminals. 
The MOI reported that at times, family members brought mentally ill 
relatives to MOI-run prisons, asking officers to imprison the 
individuals. At year's end, MOI-run prisons in Sanaa, Aden, and Taiz 
operated in conjunction with the Red Crescent semi-autonomous units for 
prisoners with mental illnesses; conditions in these units were 
reportedly deficient. In 2005 the MOI requested from the cabinet that 
the Ministry of Health (MOH) establish centers for mentally ill 
detainees. At year's end, neither the cabinet nor the MOH had acted on 
this request.
    Limited access was granted to family members of PSO-held detainees, 
but requests for access by parliamentarians and NGOs to investigate 
human rights violation claims were routinely denied. PSO argued, 
however, that visitors failed to comply with proper notification 
procedures, necessitating refusal of access.
    Individuals working for NGOs were allowed to meet with MOI 
prisoners as private visitors. Representatives of the MOHR met with 
domestic NGO monitors and responded to inquiries, particularly in 
matters relating to prisoners. NGOs had no access to CID prisons.
    The MOHR stated that it visited nine prisons in nine governorates 
and four detention centers in Sanaa during the year and in March 
recommended improvements for prison and detention facility conditions 
to the cabinet. The MOHR reports that most of its recommendations from 
the July 2007 report on prisons were implemented, such as the 
separation of incarcerated adults and minors and providing educational 
instruction to prisoners.
    Since 2004 the International Committee of the Red Cross (ICRC) has 
suspended visits to PSO prisons, citing a lack of PSO agreement to 
ICRC's universally applied procedures, which include regular access to 
and private interviews with all detainees to assess the conditions of 
detention and treatment. In response to the conflict in Saada during 
the year, the ICRC sought to visit detainees according to its standard 
procedures. By year's end no visits had been made and ICRC dialogue 
with the authorities to obtain access to all PSO places of detention 
was ongoing.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government generally did not observe 
these prohibitions. Enforcement of the law was irregular and in some 
cases, particularly those involving suspected security offenses, was 
nonexistent.

    Role of the Police and Security Apparatus.--The primary state 
security and intelligence-gathering apparatuses, the PSO and the NSB, 
report directly to the President. Many of the NSB's duties are not 
clearly defined and appear to overlap with those of the PSO. The police 
CID reports to the MOI and conducts most criminal investigations and 
arrests. The Central Security Organization (CSO), also a part of the 
MOI, maintains a paramilitary force.
    Corruption was a serious problem throughout these security and 
intelligence organizations. There were no public governmental 
investigations of police corruption during the year. Some police 
stations reportedly maintained an ``internal affairs'' section to 
investigate security force abuses, and citizens had the right to file 
complaints with the prosecutor's office. However, enforcement of this 
right was irregular and there were no effective investigations 
reported. MOI also had a fax line for citizens to file claims of abuse 
for investigation. It was unknown at year's end how many fax complaints 
MOI received and how many it investigated.

    Arrest and Detention.--The law provides that an individual cannot 
be arrested unless apprehended in a criminal act or served with a 
summons. A detainee must be arraigned within 24 hours of arrest or be 
released. The judge or prosecuting attorney must inform the accused of 
the basis for the arrest and decide whether detention is required. The 
law stipulates that a detainee may not be held longer than seven days 
without a court order. Despite the law, arbitrary arrest and prolonged 
detention without charge or, if charged, without a public preliminary 
judicial hearing within a reasonable time were common practices. For 
example, numerous southern demonstration leaders and persons with 
alleged associations to the al-Houthi movement were arbitrarily 
arrested throughout the year and detained for prolonged periods of 
time. A leading human rights organization asserted that there were more 
than 200 of these cases during the year.
    The law prohibits incommunicado detention and provides detainees 
with the right to inform their families of their arrests and to decline 
to answer questions without an attorney present; however, these rights 
were not always respected. The law states that the Government must 
provide attorneys for indigent detainees, but in practice it often did 
not do so. Almost all rural cases were reportedly settled out of court 
with tribal mediators. There are legal provisions for bail; however, 
some authorities abided by these provisions only if bribed.
    Citizens regularly claimed that security officials did not observe 
due process when arresting and detaining suspects and demonstrators. 
Members of the security forces continued to arrest or simply detain 
persons for varying periods of time without charge, family 
notification, or hearings. Detainees were often unclear as to the 
investigating agency, and the agencies frequently complicated the 
situation by unofficially transferring custodial authority of 
individuals among agencies. Security forces routinely detained 
relatives of fugitives as hostages until the suspect was located. 
Authorities stated that they detained relatives only when the relatives 
obstructed justice. Human rights organizations rejected this claim.
    The Government failed to ensure that detainees and prisoners were 
incarcerated only in authorized detention facilities. The MOI and the 
PSO operated extrajudicial detention facilities; both MOI and PSO 
denied this claim. Unauthorized private prisons also existed. During 
the year, Yasser Abdullah al-Idrisi, the last of the 2007 Yemen 
Economic Corporation (YECO) prisoners, was released and referred to the 
public funds prosecution. In November 2007 a leading local NGO visited 
an unauthorized private prison within YECO, formally under the Ministry 
of Defense (MOD), and confirmed that five persons were being detained 
in a small room adjacent to the main building. The four other detainees 
were released shortly after the visit.
    Other unauthorized private prisons reportedly existed at the 
National Drug Company, the Yemen Television Corporation, the MOI, and 
the Ministry of Religious Guidance. Local NGOs considered these prisons 
unconstitutional and called for their abolition. The MOI claimed it did 
not operate unauthorized private prisons.
    There were numerous reports that security forces arrested hundreds 
of individuals in relation to the Saada conflict and the southern 
political demonstrations and detained them without charge.
    Members of the security forces continued to detain journalists for 
publishing articles the Government deemed controversial.
    During the year, the Government also continued to detain suspects 
accused of links to terrorism, at times without due process. At year's 
end it was unknown how many persons the Government held on suspicion of 
terrorist affiliations or activities. A large percentage of the total 
prison population consisted of pretrial detainees, some of whom had 
been imprisoned for years without charge. In 2007, a leading human 
rights NGO estimated the number to be between 50 and 100 persons, 
attributing the significant decrease to amnesties and prison escapes. 
In February 2006 the MOI reported that 172 individuals were being held 
for suspected terrorism links.

    Amnesty.--Prisoners related to the Saada conflict were arrested, 
released, and rearrested in what local human rights NGOs referred to as 
a ``revolving door'' policy. This practice made it difficult to 
enumerate how many prisoners were released during the year. According 
to September 2007 press reports, President Saleh ordered the release of 
67 prisoners detained on charges of suspected links with the al-Houthi 
movement. In October 2007, Saleh granted a general amnesty and released 
approximately 300 prisoners on the occasion of Eid al-Fitr.

    e. Denial of Fair Public Trial.--The constitution provides for an 
autonomous judiciary and independent judges; however, a weak judiciary 
was severely hampered by corruption and executive branch interference.
    Many litigants maintained, and the Government acknowledged, that a 
judge's social ties and occasional bribery influenced verdicts. Many 
judges were poorly trained, and some were closely associated with the 
ruling party. The judiciary was further hampered by the Government's 
frequent reluctance to enforce judgments. Tribal members at times 
threatened and harassed members of the judiciary.
    The judicial system is organized in a three-tier court structure. 
Courts of first instance are broadly empowered to hear all civil, 
criminal, commercial, and family matters. A single judge may hear a 
case in these courts. Decisions taken in the courts of first instance 
may be appealed to the Courts of Appeal, of which there is one in each 
province and one in the capital. Each Court of Appeal includes separate 
divisions for criminal, military, civil, and family issues. Each 
division is composed of three judges.
    Above the Courts of Appeal is the Supreme Court, which is empowered 
to settle jurisdictional disputes between different courts, hear cases 
brought against high government officials, and serve as the final court 
of appeal for all lower court decisions. The Supreme Court has eight 
separate divisions: constitutional (composed of seven judges including 
the chief justice), appeals scrutiny, criminal, military, civil, 
family, commercial, and administrative. The Supreme Court has special 
panels empowered to determine the constitutionality of laws and 
regulations.
    In addition to the regular hierarchy of courts, there are courts 
for military, juvenile, tax, customs, and labor matters whose decisions 
may be appealed to the Courts of Appeal.
    A specialized criminal court, not a military tribunal, was first 
established in 1999 under the MOJ to try persons charged with 
kidnapping, carjacking, attacking oil pipelines, and other acts 
considered to be a ``public danger,'' such as banditry and sabotage. 
However, cases that were not security-related were referred to this 
court during the year. According to a leading local NGO, this court 
does not provide defendants with the same rights provided in the 
regular courts. AI and local NGOs reported specialized criminal courts 
to be unconstitutional. Defense lawyers reportedly did not have full 
access to their clients' charges or relevant government-held evidence 
and court files.

    Trial Procedures.--Laws are based on a mixture of Egyptian laws, 
Napoleonic tradition, and Shari'a. The law, social custom, and Shari'a, 
as interpreted in the country, discriminated against women, 
particularly in domestic matters. There are no jury trials. Judges, who 
play an active role in questioning witnesses and the accused, 
adjudicate criminal cases. By law, the Government must provide 
attorneys for indigent defendants in serious criminal (felony) cases; 
however, in practice, provision of legal counsel did not always occur. 
By law, prosecutors are a part of the judiciary and independent of the 
Government; however, prosecutors also investigate criminal cases. The 
police were generally weak and played a limited role in developing 
cases.
    The security services continued to arrest, charge, and submit cases 
to the prosecutor's office to try persons alleged to be linked to 
shootings, explosions, and other acts of violence. Citizens and human 
rights groups alleged that the security forces and the judiciary did 
not normally observe due process.
    The accused are considered innocent until proven guilty. Defense 
attorneys are allowed to counsel their clients, address the court, and 
examine witnesses and any relevant evidence. All defendants, including 
women and minorities, have the right to appeal their sentences. Trials 
were generally public, but all courts may conduct closed sessions ``for 
reasons of public security or morals.'' Foreign litigants in commercial 
disputes complained of biased rulings.
    In addition to regular courts, there is a system of tribal 
adjudication for noncriminal issues; in practice, tribal judges often 
adjudicated criminal cases. The results carried the same if not greater 
weight than court judgments. Persons jailed under the tribal system 
usually were not charged formally with a crime, but were publicly 
accused of their transgression.
    Parliament has exclusive jurisdiction over executive branch 
officials and their representatives for crimes including bribery, 
interference, and embezzlement. No government official was investigated 
or tried under this law during the year.

    Political Prisoners and Detainees.--The number of political 
prisoners or detainees and conditions in which they were held was 
unclear. PSO reported in 2007 that no political prisoners were detained 
in PSO prisons. Human rights activists were able to provide limited 
data on any such persons, and access to such detainees by local or 
international humanitarian organizations was severely restricted or not 
permitted. During the year, there was a significant increase in the 
number of political prisoners and detainees related to the southern 
protest movement (See Section 1.g.).

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters; however, there 
were limitations in practice. In 2006 local NGO HOOD filed the first-
ever civil suit against the President, on behalf of Ahmad Ali bin 
Maeili. Maeili claimed the PSO detained him without charge for six 
years. After the court rejected the case, HOOD appealed to the Supreme 
Court. Maeili's case remained with the court of appeals at year's end.

    f. Arbitrary Interference With Privacy, Family Home or 
Correspondence.--The law prohibits such action; however, police forces 
from the PSO and MOI routinely searched homes and private offices, 
monitored telephone calls, read personal mail and e-mail, and otherwise 
intruded into personal matters for alleged security reasons. Activities 
were conducted without legally issued warrants or judicial supervision. 
PSO and MOI rejected these claims. According to the PSO, the attorney 
general must personally authorize monitoring of telephone calls and 
reading of personal mail and e-mail. The PSO reported that to do a 
house search, it first obtains a warrant and a signed certification by 
the head of the neighborhood, and officers are accompanied on the 
search by two neighbors who serve as witnesses.
    Local NGOs and journalists reported an increase in interference due 
to the Saada conflict and southern political discontent. For example, 
journalist Abdelkarim al-Khaiwani was re-arrested and in June was 
sentenced to six years in jail for alleged connections with terrorism 
and the war in Saada. He was released in September. Another journalist 
who covered both topics, Mohamed al-Maqaleh, was arrested on April 22, 
allegedly on charges of humiliating the judge in al-Khaiwani's trial. 
Al-Maqaleh was released on August 29.
    Throughout the year various human rights activists and journalists 
reported receiving repeated threatening phone calls throughout the day 
and into the night. Activists and journalists charged this is a form of 
intimidation by authorities attempting to quiet the opposition, most 
specifically in regard to the Saada conflict and southern political 
discontent.
    The law prohibits arrests or the serving of a subpoena between 
sundown and dawn; however, there were reports that persons suspected of 
crimes were taken from their homes without warrants in the middle of 
the night.
    No citizen may marry a foreigner without permission from the MOI, 
but this regulation does not carry the force of law and appeared to be 
enforced irregularly.
    In other cases, detention of family members continued while the 
concerned families negotiated compensation for the alleged wrongdoing. 
Arbitration and mediation by families, tribesmen, and other 
nongovernmental interlocutors were commonly used to settle such cases.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year, fighting continued between the Government and the al-
Houthi rebels of Saada in the conflict that initially began in 2004. 
The conflict spread in May to Bani Hushaish, a village on the outskirts 
of the capital. The Government repeatedly used heavy force in an 
attempt to suppress the rebels' uprising, which was suspended with a 
fragile ceasefire in July. The Government also reportedly used 
excessive force to suppress southern demonstrations during the year. A 
leading human rights organization claimed there were more than 200 
cases of arbitrary arrests of individuals linked to these internal 
issues during the year.
    According to an October Human Rights Watch (HRW) report, since 
2007, the extent of arbitrary arrests and ``disappearances,'' mainly in 
the context of the Houthi rebellion but also relating to the 
Government's domestic counterterrorism efforts and its crackdown on 
social unrest in the southern part of the country, expanded. Estimates 
of the numbers of persons disappeared or detained vary--local NGOs have 
documented dozens of disappeared persons, and hundreds arbitrarily 
arrested since 2004. In August, according to HRW, officials spoke of 
approximately 1,200 political prisoners still detained, some 130 of 
whom were gradually being released. On August 31, President Saleh 
ordered the release of 131 detainees arrested in the context of the 
Saada conflict. On September 24, a credible NGO reported that at least 
63 persons remained arbitrarily detained as a result of the Saada 
conflict.
    According to HRW, among those released in August are former 
mediation committee member Shaikh Salih al-Wajman, who had been jailed 
at the MOI for two years, and Shaikh Naji Bukhtan and dozens of other 
detained Houthi loyalists.
    During the year HRW investigated 62 cases of disappearance and 
arbitrary arrest linked to the Houthi rebellion. In nearly all of the 
cases, arresting officials did not identify themselves or inform the 
detainee or his family why he was being arrested and where he was being 
taken. The families of persons forcibly disappeared did not know for 
weeks or months after their arrest whether their loved ones were alive, 
who their captors were, or where their relatives were being held.
    Despite the July pause in hostilities, security forces continued to 
arbitrarily arrest persons from the conflict areas. Since 2004, an 
estimated 130,000 persons have been displaced from their homes in the 
northern governorates, although some may have returned since July. 
Displaced persons in the capital remained extremely fearful of arrest. 
Earlier in the year the Government arrested persons who had attempted 
to visit recent conflict areas to assess damage to their property or to 
bring trapped relatives to safety.
    In 2007 approximately 100 individuals from Saada were reportedly 
arbitrarily arrested and detained for suspected links with the al-
Houthi movement. Authorities forcibly removed approximately 45 
individuals, including some minors, from Saada and imprisoned them in 
the neighboring governorate of Hajja. There were reportedly 50 Saada 
detainees in Sanaa and 22 in Dhamar at the end of 2007. During the 
year, many of these were released, but others were arrested. Human 
rights organizations referred to the Saada arrests as a ``revolving 
door'' policy. Local NGOs accused the Government of illegal and 
inhumane treatment of these detainees.
    No investigation had been conducted at year's end into the Badr 
Center intimidation case. In October 2007 the Yemen Times reported that 
14 military vehicles loaded with security personnel attacked the Badr 
Center for Islamic Studies in Sanaa after the head of the center, Dr. 
Al-Murtadha al-Mohatwari, demanded the releases of Saada detainees. 
Security authorities reportedly destroyed the main gate of the center.
    There were no reliable estimates of numbers of rebels and civilians 
killed at year's end. An estimated 1,000 government troops were killed 
and 3,000 wounded in May. International NGOs providing humanitarian 
assistance in Saada estimated there were approximately 70,000 
internally displaced persons (IDPs) from the Saada conflict.
    In the wake of the Saada conflict, fighting broke out in November 
between the al-Osaimat tribe and al-Houthi-aligned Harf Sufian tribe in 
Amran governorate and continued through December. According to 
unsubstantiated local reports, half or more of the fighters were 
children ranging from 12 to 15 years of age.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press ``within the limits of the law;'' 
however, the Government did not respect these rights in practice. The 
1990 Press and Publication Law criminalizes ``the criticism of the 
person of the head of state...[that] does not necessarily apply to 
constructive criticism,'' the publication of ``false information'' that 
may spread ``chaos and confusion in the country,'' and ``false stories 
intended to damage Arab and friendly countries or their relations'' 
with the country. The country's security apparatus, including the NSB 
and elements of the military, threatened and harassed journalists to 
influence press coverage. Self-censorship was practiced during the 
year.
    The Ministry of Information influenced the media through control of 
printing presses, subsidies to newspapers, and ownership of the 
country's sole television and radio outlets. Three independent 
newspapers and no opposition newspapers owned their own presses. 
According to the Yemeni Journalist Syndicate (YJS), there were 
approximately nine government-controlled, 50 independent, and 30 party-
affiliated newspapers in the country. There were approximately 91 
magazines, including 46 private, 27 government-controlled, and 18 
party-affiliated magazines. The Government selected the items to be 
covered in news broadcasts and rarely permitted broadcasts critical of 
the Government. The Government televised parliamentary debates and 
occasionally permitted broadcasts of aggressive criticism of 
ministries.
    Press law specifies that newspapers and magazines must apply 
annually to the Government for licensing renewal and that they must 
show continuing evidence of 700,000 riyals (approximately $4,375) in 
operating capital. There were reports that authorities made the 
registration process bureaucratically impossible for opposition figures 
or organizations, while pro-government or tribal newspapers were said 
to have received licenses immediately. Although exact numbers were 
unavailable during the year, sources indicated that very few licenses 
were granted and others were denied outright.
    On March 4, according to a leading human rights organization, the 
Ministry of Information instructed printing houses not to print Al-
Sabah weekly newspaper in retaliation for its coverage of protests in 
the south and for ``criticizing the President.''
    On April 5, Minister of Information Hassan al-Lawzi issued a decree 
cancelling the license of Al-Wasat newspaper due to its publication of 
``materials prohibited by the law and against the national unity.''
    On April 22, Mohamed al-Maqaleh, editor-in-chief of Ishtiraki.net, 
was arrested on charges of humiliating the judge after laughing in 
court during the trial of journalist Abdelkrim al-Khaiwani. Al-Maqaleh 
was released on August 29.
    During the year the Ministry of Information also refused to grant 
journalist Fikri Qasim a license to publish the newspaper Hadith al-
Medina (Talk of the Town).
    In June 2007 the Government suspended the text message news service 
sponsored by Women Journalists Without Chains (WJWC). The head of WJWC, 
Tawwakul Karman, unsuccessfully appealed the decision. The Government 
instead suspended all text message news services, eventually restoring 
all except those of WJWC and the Islal-affiliated Nass Mobile Service. 
Karman staged sit-ins throughout the summer of 2007 in an attempt to 
overturn the ruling. At year's end WJWC's news text message service 
remained suspended, despite a parliamentary order allowing it to be 
reestablished, according to WJWC.
    In August 2007 a group of journalists and human rights activists 
released a list of individuals and groups responsible for violating 
press freedom since 2005. Violations included banning the issuance of 
papers, preventing journalists from practicing their duties, shutting 
down newspapers, beatings, harassment, and detention. Names of 
ministers and heads of government offices were included on the list. In 
November 2007 during a regional civil society conference in Sanaa where 
the list was displayed on a banner, a member of the PSO confiscated the 
banner and held it for the remainder of the conference. According to 
the PSO, the officer involved did not act on official orders and was 
reprimanded for confiscating the banner.
    Physical attacks against journalists continued during the year, 
along with government harassment, including threats against journalists 
and their families, brief imprisonment, and personal surveillance.
    Harassment of journalists who reported on the Saada conflict 
continued during the year. According to an October HRW report, the 
Government attempted to prevent news about the details of the Saada 
conflict from becoming public by preventing journalists and 
humanitarian workers from going to the conflict zone, by disconnecting 
all but a select number of mobile telephone numbers in the governorate, 
by threatening journalists not to report on the conflict, and by 
arresting persons who transmitted information about the impact of the 
fighting or who could have such information because they had recently 
left the area.
    On June 30, according to HRW, security forces arrested Lu'ai al-
Mu'ayyad, editor of the Web site yemenhurr.net (Free Yemen), where he 
published critical reports on the Saada conflict. He was released by 
the end of the year.
    On July 20, freelance Dutch journalist and videographer Willem 
Marx, along with his guide and interpreter, Ali al-Bukhaiti and 
Muhammad al-Bukhaiti, was stopped at a checkpoint half an hour outside 
Sanaa on their way to Ma'rib to report on the Saada conflict. They were 
escorted back to Sanaa by an intelligence officer and a soldier. Ali 
and Muhammad al-Bukhaiti were detained at National Security offices on 
the outskirts of Sanaa and Marx was escorted to the airport and 
summarily deported the same day. Authorities released Muhammad al-
Bukhaiti the week of September 13, but Ali al-Bukhaiti remained 
detained at an unknown location at year's end.
    On September 24, President Saleh ordered the release from prison of 
journalist Abdelkarim al-Khaiwani after he was sentenced to six years 
in jail on June 9 on charges of conspiring to overthrow the Government 
and belonging to an armed group, the ``Sanaa terrorist cell.'' In 
August 2007 a group of men, reportedly government officials, forcibly 
removed al-Khaiwani from the street and put him into a car, where he 
was beaten. Al-Khaiwani had been released on bail in July 2007 after 
authorities arbitrarily arrested and detained him. Al-Khaiwani was 
taken to a remote location in Khawlan district, approximately 9 miles 
from Sanaa. His captors allegedly tortured him and threatened that if 
he continued to write against his ``masters,'' he and his wife and 
three children would be killed. His kidnappers stole his mobile phone 
and money and left him in Khawlan, after which he went to the hospital.
    The July 2007 case of Al Shari'e newspaper was ongoing at year's 
end. In July 2007, 10 armed men in two military vehicles broke into the 
office of the newly established Al Shari'e newspaper, reportedly 
searching for its owners and editors, Nayef Hassan and Nabil Subaie, 
who were not there at the time. The intruders allegedly confiscated 
electronics. In July 2007 the defense ministry filed a complaint 
against Al Shari'e for publishing military secrets in reference to the 
Saada investigation. According to the law, cases related to the media 
are arbitrated by the Press and Publication Prosecution Office; 
however, Subaie and Hassan's cases will be tried by the specialized 
courts for terrorist-related activity. Al Shari'e is reported to be the 
first newspaper to be tried in a specialized criminal court.
    No investigation had been conducted at year's end into the October 
2007 attack on journalist Sadam al-Ashmori, who was attacked by more 
than 10 men during his coverage of demonstrations at Freedom Square in 
Sanaa. Al-Ashmori, who works as a freelance reporter for The Yemen 
Times, suspected that the attackers were plainclothes security 
officials. Police and other security officials who were present claimed 
they did not witness the incident.
    There were no developments in the following cases: the November 
2006 attack and brief detention of al-Jazeera correspondent Ahmad al-
Shalafi and his cameraman, Ali al-Baidhani; the March 2006 abduction 
and assault of Qaed al-Tairi, journalist for the Socialist Party weekly 
Al-Thawri; the April 2006 attack on journalist Abdulfatah al-Hakimi; 
and the April 2006 reported death threats against Abed al-Mahthari, 
editor-in-chief of the independent weekly Al-Deyar.
    There were no new government cloned newspapers during the year. In 
a 2005 attempt to counter dissent, elements close to the Government or 
security apparatus cloned two newspapers, Al-Shura and Al-Thawri. The 
Government published newspapers with similar names, fonts, and colors, 
but carried more pro-government editorials and stories. The Al-Thawri 
clone ceased publication in 2005 after several weeks, but the Al-Shura 
clone continued publishing at year's end.
    At times, customs officials confiscated foreign publications 
regarded as pornographic or objectionable due to religious or political 
content. During the year there were some reports that authorities 
monitored foreign publications and banned those deemed harmful to 
national interests.
    Book authors were required to obtain certification from the 
Ministry of Culture (MOC) for publication and to submit copies to the 
ministry. Publishers sometimes refused to deal with an author who had 
not yet obtained certification. Most books were approved, but the 
process was time-consuming. There were reports that both the MOC and 
the PSO monitored and sometimes removed books from store shelves after 
publication. A 2005 ban continued on publishers distributing books that 
espoused Zaydi-Shiite Islamic doctrine or were deemed pornographic. The 
Government denied that the media were subject to censorship by any 
security apparatus.

    Internet Freedom.--The Government restricted Internet use by 
intermittently blocking access to some political and religious Web 
sites and to sites deemed immoral. During the year the Government 
reportedly blocked a number of independent and opposition news Web 
sites, such as al-Shura.net and Ishtiraki.net, and the Web site for the 
independent weekly Al-Ayyam newspaper. Adenpress.com, a Web site that 
covered the southern demonstrations, was intermittently blocked during 
the year. Yemenhurra.net, a Web site that covered the Saada conflict, 
was blocked at times, and on at least one occasion the content was 
allegedly changed by government officials.
    The International Telecommunication Union estimated in 2007 that 
156,000 of the country's population subscribed to the Internet, with 
320,000 total users. Many could not afford the Internet, or were 
unfamiliar with the equipment and services needed to access it. The 
Government limited the Internet content its citizens could access, 
using commercially available filtering technology and by controlling 
its two Internet service providers, TeleYemen (operators of the service 
YNET) and YemenNet, through the Ministry of Telecommunications and 
Information Technology. Human rights and other NGOs complained that the 
Government restricted what journalists could write and how citizens 
used the Internet through a variety of intimidation tactics. Limited 
Internet access was available from homes or Internet cafes in major 
urban areas.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom, claiming it was necessary due to the politicization 
of university campuses. Political parties frequently attempted to 
influence academic appointments, as well as university faculty and 
student elections. During the year security officials were present on 
university campuses and at intellectual fora. PSO representatives had 
permanent offices on the campuses. Government informers monitored the 
activities of professors and students, especially those who were 
alleged affiliates of opposition parties. Authorities reviewed 
prospective university professors and administrators for political 
acceptability before hiring them, and favoritism was commonly shown 
toward affiliates or supporters of the ruling General People's Congress 
(GPC) party.
    A 2005 ban was intermittently enforced on new student associations 
at Sanaa University. Opposition sources contended that this regulation 
was not enforced against GPC-affiliated organizations.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government limited this right in practice. The Government required a 
permit for demonstrations, which it issued routinely. Government 
informers monitored many meetings and assemblies.
    The Government banned and disrupted some demonstrations, allegedly 
to prevent them from degenerating into riots and violence.
    On January 13, security authorities violently broke up a 
demonstration in Aden by southern military retirees, unemployed youth 
and opposition figures. According to a leading local human rights NGO, 
the Government reacted with tear gas and live bullets, leading to three 
deaths, 10 injured, and 27 detained.
    On March 30, a sit-in in Dhale' of more than 200 young men 
protesting the lack of acceptance of southerners into military service 
was broken up by security authorities with live bullets and tear gas. 
No deaths or injuries were reported.
    On April 6, the opposition coalition Joint Meeting Parties 
organized a sit-in in Taiz in solidarity with arrested artist Fahd al-
Qarni and with those detained in previous demonstrations. This led to 
the arrest of 10 protestors, who were released the same day.
    On April 8, civil society organizations attempted a sit-in in Sanaa 
to demand the right of freedom of assembly and in solidarity with those 
detained in relation to the southern movement and the Saada conflict. 
Security apparatuses, however, blocked access to Freedom Square, the 
location of the sit-in, and prevented the sit-in from taking place.
    On July 7, massive rallies organized by southern activists took 
place in Aden and Dhale' in which protesters demanded, according to a 
human rights NGO, ``the lifting of the northern military campaign from 
the southern governorates.'' Security authorities dispersed the crowds 
with tear gas and live bullets, and increased the presence of security 
in southern governorates, including additional roadblocks and 
checkpoints in Aden. According to a leading human rights NGO, a wide 
arrest campaign followed in which 306 protesters were detained in Aden, 
18 protesters were detained in Dhale', and numerous others were 
wounded. The same NGO reported that all detainees were released from 
confinement in September and October.
    In August 2007 clashes occurred between security forces and 
students enrolling at Sanaa University, with one student reported 
injured and taken to the hospital after a security official beat him on 
the head with the back of his pistol. Reportedly the incident coincided 
with student protests against the admissions committee at the Faculty 
of Trading and Commerce, accusing the faculty of distorting the 
admissions process.
    After the 1994 civil war, the northern government forced thousands 
of southern military and civilian officials to retire. These 
individuals have continued to demand reintegration compensation and 
other redress and were especially active in 2007. Their movement 
expanded throughout the year with significant southern political 
support.

    Freedom of Association.--The law provides for freedom of 
association, and the Government nominally respected this right in 
practice; however, the ruling party retained control of professional 
associations by influencing internal elections and subsidies. According 
to local observers, there were approximately 20 legally recognized NGOs 
independent of the ruling party operating in the country.
    All associations, including NGOs, are required to register annually 
with one of four ministries: Social Affairs and Labor (MSAL), Culture, 
Education, or Vocational Training and Technical Education. The 
Government cooperated to varying degrees depending on the issues with 
legally recognized NGOs, which by law were provided with an annual 
stipend. Some ministries reportedly harassed NGOs critical of the 
Government by denying their annual registration and subsidy. For 
example, the Yemeni Journalist Syndicate (YSJ) reported it had not been 
issued its stipend for the year. The MSAL also refused to register 
Women Journalists Without Chains (WJWC) or HOOD, both NGOS that were 
often critical of the Government.
    All political parties must be registered in accordance with the 
Political Parties Law, which stipulates that each party must have at 
least 75 founders, verified in a court of law, and 2,500 members. In 
March 2007 the opposition al-Haq Party was dissolved for reportedly 
violating the Political Parties Law. However, civil society observers 
claim the party was abolished due to its affiliation with the al-Houthi 
rebels and for its Zaydi appeal. There were no political parties 
dissolved during the year.

    c. Freedom of Religion.--Neither the constitution nor other laws 
protect or inhibit freedom of religion. The Government generally 
respected religious freedom in practice; however, there were numerous 
violations and restrictions. The constitution declares that Islam is 
the state religion and that Shari'a is the source of all legislation.
    Government actions to counter the increase in political violence 
restricted some religious practice. The Government took actions to 
counter the increase in political violence as a result of the uprisings 
by the al-Houthi rebels in the northern Saada governorate. Unlike the 
four previous years, the Government allowed the people of Saada to 
celebrate Ghadeer Day, a holiday celebrated by some Shia. However, 
media outlets reported that government officials used the occasion to 
arrest individuals allegedly associated with the Houthis. According to 
an October HRW report, the Government cracked down on Hashemite 
preachers and scholars in Zaidi religious institutions and mosques, 
apparently conflating the religious motivations that gave rise to the 
original Believing Youth movement with armed rebellion. HRW in October 
documented 14 cases of arrests where Hashemite identity or one's 
profession as a Hashemite scholar or preacher appeared to be the 
paramount reason for the arrest.
    The Government also reportedly limited the hours that mosques were 
permitted to be open to the public and reassigned some imams who were 
thought to espouse Shia ideology or Zaydi doctrine, replacing them with 
Shafi'i or Salafi preachers.
    Non-Muslims were free to worship according to their beliefs and to 
wear religiously distinctive ornaments or dress; however, Shari'a, as 
interpreted by the Government, forbids conversion from Islam and 
prohibits non-Muslims from proselytizing. The Government enforced this 
prohibition. The Government required permission for the construction of 
all places of worship and the constitution prohibited non-Muslims from 
being elected to the presidency or parliament. Non-Muslim citizens may 
vote but may not hold elected office.
    Under the Government's interpretation of Islam, the conversion of a 
Muslim to another religion is considered apostasy, which the Government 
considers a crime punishable by death. There were reports of arrests in 
cases related to proselytizing or apostasy during the year.
    In June a convert to Christianity and two of his associates were 
reportedly arrested in Hodeida for ``promoting Christianity and 
distributing the Bible.'' They were allegedly transferred by the 
authorities to a jail in Sanaa. Four other associates who evaded 
capture were also sought by the authorities. No further information was 
available at year's end.
    On June 20, seven Baha'is (two Yemenis, four Iranians, and one 
Iraqi) were arrested in their homes during raids by police. The two 
Yemenis were subsequently released. The Government released the four 
foreign detainees in October and gave them two months to leave the 
country or face deportation. The Baha'is remained in the country at 
year's end.
    Official policy does not prohibit or prescribe punishment for the 
possession of non-Islamic religious literature; however, in previous 
years there were reports of persons being harassed and temporarily 
detained for possession of religious materials with the intent to 
proselytize.
    Catholic, Protestant, Ethiopian Orthodox Christian, Jewish, and 
Baha'i services were held without government interference.
    Public schools provided instruction in Islam, but not in other 
religions; however, most non-Muslims were foreigners who attended 
private schools. Jewish citizens also had private schools where Hebrew 
and Judaism were taught.
    In 2007 the Government shuttered 1,500 schools, bringing to 4,500 
the total number of schools closed because they were deemed to have 
deviated from educational requirements or promoted militant ideology. 
At the same time, the Ministry of Endowments and Religious Guidance 
reportedly opened government-approved schools in the areas where 
schools had been closed. Private and national schools were prohibited 
from teaching courses outside the officially approved curriculum. The 
Ministry of Endowments and Religious Guidance indicated that an unknown 
number of school closures continued throughout the year.
    The Government also deported foreign students found studying in 
unlicensed religious schools. There were credible reports that 
authorities banned publishing of some materials that promoted Zaydi-
Shiite Islam.
    The Ministry of Endowments and Religious Guidance reported that it 
conducted several training sessions and workshops targeted at imams and 
other religious clerics with the goal of promoting moderation and 
tolerance.

    Societal Abuses and Discrimination.--There were isolated incidents 
of anti-Semitism. In January 2007 the historic Saada community of 45 
Jews was relocated to Sanaa after being threatened by a follower of the 
al-Houthis. Since fleeing their homes, the community has been under 
government protection in Sanaa. In April a large group of men entered, 
ransacked, and destroyed two homes in Saada governorate belonging to a 
member of the Jewish community now living in Sanaa. The attack was 
believed to have been the work of al-Houthi rebels.
    Jewish residents of Rayda and Bait Harrash in Amran governorate 
experienced increased acts of violence, threats, and harassment by 
their Muslim neighbors. In one case, a bullet was fired into a water 
tank on the roof of one of the community's homes while a member of the 
family was on the roof. Government authorities investigated the case 
and arrested the perpetrator, who remained incarcerated at year's end.
    On December 11, Moshe Yaish Nahari, a prominent community member 
and teacher in Reyda, was murdered, allegedly by a religious extremist. 
The man accused of the murder was immediately arrested and his trial 
was ongoing at year's end.
    In the weeks following the murder, the Reyda Jews reportedly could 
not leave their homes and Jewish children stopped going to school for 
fear of further violence. On December 14, an explosive device was 
thrown at a Jewish home.
    Jewish citizens, who number fewer than 500 in the country, are 
excluded from certain occupations by social pressures and are not 
eligible to serve in the military or Federal Government. A General 
Election Committee policy bars all non-Muslims from running for 
parliament.
    Following the January commencement of the third phase of fighting 
between the al-Houthi rebels and the Government, some Zaydis reported 
harassment and discrimination by the Government. Authorities reportedly 
targeted and harassed Sayyid Zaydi families, who are believed to be 
descendants of the Prophet Muhammad.
    In Dhamar, celebrations of al-Ghadeer, a Shia holiday, in late 
December resulted in violent clashes that left four killed and six 
injured.
    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 these rights, 
and the Government respected them with some restrictions. The 
Government limited the movement of women, foreigners, and tourists. The 
two latter groups were required to obtain government permission before 
leaving the country. In practice the Government did not obstruct 
domestic travel; however, the army and security forces maintained 
checkpoints on major roads. Internally displaced persons were a 
problem.
    In certain areas armed tribesmen occasionally manned their own 
checkpoints or operated alongside military or security officials and 
subjected travelers to physical harassment, extortion, or theft.
    Although not required by law, government officials customarily 
asked women if they had permission from a male relative before applying 
for a passport or leaving the country. One women's rights NGO asserted 
that a husband or male relative could bar a woman from leaving the 
country, and that this requirement was strictly enforced when women 
traveled with children. During the year there were several reports of 
women who were turned away at the airport because they did not have the 
permission of or were not accompanied by a male relative.
    Immigrants and refugees traveling within the country often were 
required by security officials at government checkpoints to show that 
they possessed resident status or refugee identification cards.
    The law prohibits forced exile, and there were no reports of forced 
exile during the year.
    During the year the Government continued to deport an unknown 
number of foreigners who were studying at Muslim religious schools and 
believed to be in the country illegally. The Government claimed these 
persons were suspected of inciting violence or engaging in criminal 
acts by promoting religious extremism. The Government used existing 
laws to require foreigners to register with police or immigration 
authorities within one month of arrival.

    Internally Displaced Persons (IDPs).--The fifth round of fighting 
in the four-year conflict in Saada between the Government and the group 
of rebels led by Abdul-Malik al-Houthi broke out in May. Fighting 
continued until the Government declared a ceasefire in July. At the 
height of the fighting, HRW estimated there were as many as 70,000 
internally displaced persons (IDPs) in Saada governorate. Most IDPs 
lived in camps or with family in Saada City, the regional capital. The 
Government and the al-Houthi rebels, who still controlled territory in 
Saada, limited access to the region, preventing food and medical 
supplies from reaching many IDPs. After the end of fighting in July, 
some IDPs were able to return to their homes, but thousands remained in 
camps for fear of retaliation from the al-Houthi rebels, according to 
the Office of the UN High Commissioner for Refugees (UNHCR). The UNHCR 
also said IDP children showed signs of chronic malnourishment and did 
not attend school.

    Protection of Refugees.--The Government does not have a national 
law addressing the granting of refugee status or asylum in accordance 
with the UN 1951 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 sometimes 
provided protection against refoulement, the return of persons to a 
country where there is reason to believe they feared persecution. The 
Government continued to grant prima facie refugee status to Somalis who 
arrived in the country after 1991. Non-Somali asylum-seekers must go 
through an individualized refugee status determination conducted by the 
UNHCR, as the Government has no ability to conduct refugee status 
determinations on its own. Since 2007 the Government has challenged the 
ability of the UNHCR to perform refugee status determinations for non-
Somalis. Immigration authorities have deported some non-Somalis without 
giving UNHCR access to conduct screenings.
    The Government continued to provide temporary protection for 
thousands of individuals from Iraq and the Darfur region of Sudan who 
may not qualify as refugees under the 1951 Convention and its 1967 
protocol, although there were some reports of deportations. There were 
continued reports that some Iraqis were blocked from reuniting with 
their families because they had been denied readmission into the 
country.
    Generally, refugees were allowed to work and travel freely within 
the country, although they faced some difficulties. There were reports 
of refugees refused employment or passage at checkpoints because they 
lacked legal documentation. Refugee children attended local schools, 
although facilities were limited and could not meet the demand in full.
    In 2005 the Government and UNHCR signed a memorandum of 
understanding to establish six registration centers to register and 
provide greater legal protection to refugees. Currently, only one of 
these centers, located in Sanaa, has been established. The center has 
yet to open, awaiting approval from the Government. UNHCR operates 
three reception centers in the south of the country, the newest of 
which opened in March. The harassment and abuse by security forces at a 
Somali refugee camp in 2006 has been improved by the replacement of the 
head of the security force. Some potential asylum-seekers have been 
imprisoned while their status determinations were pending with UNHCR. 
UNHCR had uneven access to these refugees, but refugees were generally 
released from prison upon the completion of UNHCR processing.
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 through periodic elections based on universal suffrage; 
however, there were limitations in practice. Decision-making and 
effective powers were held by the President, who has been in office 
since 1978. The President appoints the prime minister, who presides 
over a 35-member cabinet chosen by the President. The latest cabinet 
reshuffle occurred on May 19. In practice the President, in association 
with the ruling GPC party dominated the Government. The parliament, in 
which three parties were represented, was not an effective 
counterweight to the executive branch and can be dissolved by the 
President.

    Elections and Political Parties.--After several months of 
negotiations between the ruling GPC party and the opposition Joint 
Meeting Parties (JMP), the Supreme Commission for Elections and 
Referendum (SCER)--the body charged with conducting the April 2009 
parliamentary elections--was announced in a controversial parliamentary 
session on August 25. The three JMP members of the SCER, a nine-member 
body, refused their appointments. In August the SCER began preparing 
for the April 2009 elections without the participation of the JMP, who 
at year's end continued to assert the illegality of the SCER and its 
actions. Nationwide voter registration took place in November with a 
boycott by supporters of the JMP. Violent protests occurred in some 
southern governorates.
    On May 17, governors of the 21 jurisdictions were elected by a vote 
of each jurisdiction's local council. The election of governors, who 
previously were appointed by the President, was an important step 
toward the decentralization of power. The dominance of the ruling party 
in the majority of the local councils, however, meant that these 
elections did not appreciably reduce ruling party influence. This 
situation was exacerbated by an opposition boycott.
    According to a report by an international NGO, the September 2007 
by-elections in Aden and Ibb were conducted in a generally peaceful and 
orderly manner with only a few violations. The voting and counting were 
generally considered to have been fair and efficient; however, there 
were some delays in opening and closing female sub-committees within 
voting centers. There were also numerous instances of confusion 
regarding the voting procedures, especially among illiterate and 
elderly voters. The report stated that some candidates wrongly used 
public resources to fund their campaigns, and campaigning continued on 
election day and in some cases within the polling stations. Military 
personnel were also employed as members of the field commissions.
    According to local and international observers, the September 2006 
Presidential and local council elections were considered open and 
competitive and a marked improvement over previous elections. For the 
first time opposition candidates contested the Presidential elections 
and had equal coverage on government-owned broadcast and print media. 
There were problems, however, with voter registration, redistricting, 
ballot counting, isolated incidents of election-related violence, and 
use of state resources on behalf of the ruling party.
    Ali Abdullah Saleh was elected to a seven-year term in this 
election, the country's second nationwide direct Presidential race, 
securing 77 percent of the votes. Faisal bin Shamlan, candidate of the 
opposition coalition JMP, gained 22 percent. The remaining three 
opposition and independent candidates had less than one percent each. 
According to the SCER, approximately 65 percent of eligible voters 
participated in the elections. Approximately 42 percent of the voters 
were women. The constitution provides that the President is elected by 
popular vote from among at least two candidates endorsed by parliament.
    International NGOs and the European Union Observer Mission 
characterized polling as an important and unprecedented step in the 
country's democratic development. In its final post-election report, 
the EU noted that the GPC had an unfair electoral advantage because 
significant state resources were put at the disposal of GPC candidates 
for use during their campaigns. Opposition parties, while regretting 
irregularities, also hailed the elections as the first genuinely 
competitive contest in the country's history. Unlike in previous years, 
international and local observers did not report significant 
difficulties in accessing voting centers or filing their reports.
    An international NGO reported that the voter registration process 
conducted in April 2006 was marred by poorly trained administrative 
staff, registration of a large number of underage voters, and 
interference by security officials. Local NGOs also alleged that 
deceased citizens were registered as voters. The international NGO 
reported that the opposition coalition JMP refused to participate in 
the voter registration process due to allegations of bias on the part 
of the SCER, which conducted voter registration. The SCER therefore 
recruited staff members on short notice and was not able to provide 
them with meaningful training before voter registration began.
    In 2006 the JMP and the GPC agreed on several items of contention, 
including the formation of a joint committee to review voter lists with 
the SCER and decide which names needed to be removed due to technical 
errors. Although the SCER requested that the courts expunge more than 
200,000 names identified as underage or duplicate voters, a searchable 
electronic copy of the registration list was never provided to 
opposition parties or local constituencies so they could verify voter 
lists before the election. There were reports that the SCER mistakenly 
removed eligible voters from lists in several constituencies.
    In addition, many constituencies were redistricted a month before 
the election in a manner that was not transparent to the public, 
international observers, or opposition parties. Independent and 
opposition observers noted that redistricting resulted in the 
allocation of more local council representatives for constituencies 
that were viewed as progovernment.
    Whereas ballot counting for the Presidential election was reported 
to be generally fair and accurate, there were numerous reports that 
ballots for the local council elections went uncounted in some 
constituencies or were not secured after the count, rendering a recount 
or inspection of the ballots impossible.
    Election-related violence during the 30-day campaign period and on 
election day was markedly lower than in previous elections. The SCER 
reported that seven people were killed in election-related violence. 
There were no reports that government security agents killed anyone in 
election-related incidents.
    The law mandates that political parties be viable national 
organizations that cannot restrict their membership to a particular 
region. The constitution prohibits the establishment of parties that 
are contrary to Islam, ``oppose the goals of the country's 
revolution,'' or violate the country's international commitments.
    The law stipulates that each party have at least 75 founders and 
2,500 members. Parties based on regional, tribal, sectarian, class, 
professional, gender, or racial identities are not permitted. 
Candidates from any party may declare their candidacy for elections. 
The Government provided financial support to most of the 23 political 
parties, including a small stipend to publish party newspapers.
    The ruling GPC has been the dominant party since unification of the 
country and controls 238 of the 301 seats in parliament (elected in 
2003). Islah is the largest opposition party, and it controls 46 seats. 
At times tribalism distorted political participation and influenced the 
central government's composition. Observers noted that persons were 
often selected to run for office or given jobs in particular ministries 
based on their tribal affiliations. Because tribal areas were still run 
by patriarchal systems, some tribal leaders reportedly influenced 
tribal members to vote for certain candidates.
    Although there were no formal restrictions limiting opposition 
participation, the Government made it difficult for some parties to 
organize. At year's end the Government continued to hold substantial 
assets of the opposition Yemeni Socialist Party, including land and 
buildings, which were seized after the 1994 civil war. In 2005 the 
President publicly accused two minor parties of attempting to overthrow 
the Government by fomenting the al-Houthi uprising. The headquarters of 
the Union for Popular Forces was seized by armed men and the party was 
forcibly recreated under dubious circumstances.
    In 2007 the Government dissolved the al-Haq Party for reportedly 
violating the Political Parties Law. However, civil society observers 
claim the party was abolished due to its affiliation with the al-Houthi 
rebels and for its Zaydi appeal.
    Women voted and held office; however, increasingly conservative 
cultural norms rooted in tribal traditions and patriarchal religious 
interpretation often limited their exercise of these rights. There was 
one woman in the 301-seat parliament. There were three women in the 
cabinet, including the minister of human rights, the minister of social 
affairs and labor, and a Supreme Court justice. In 2005 the SCER 
established a Women's Department responsible for addressing gender 
equality in the electoral process. The department conducted 
informational campaigns on the importance and mechanism of voting prior 
to the 2006 elections. In the elections, 164 women ran for and 38 won 
seats on local and provincial councils. Women's rights activists and 
female parliamentary candidates accused the ruling party and the 
authorities of rigging the elections against women.
    Many members of the Akhdam community, a small ethnic minority 
descended from east Africans, did not participate in the political 
process due to socioeconomic factors and discrimination. There were no 
members of minority groups in parliament or the cabinet. There were no 
reports that persons with disabilities were prohibited from 
participating in the political process.

    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 there is a serious corruption problem, and a 
perception of corruption in every branch and level of government was 
widespread. Government officials and parliamentarians were presumed to 
benefit from insider arrangements and embezzlement. Procurement was a 
regular source of corruption in the executive branch.
    In 2006 the Central Organization for Control and Audit (COCA), the 
country's investigative body for corruption, reported that between its 
creation in 1999 and 2005, COCA had investigated 518 official cases of 
corruption, of which 361 were filed with COCA in 2005. The cases 
represented a loss to the treasury of 4.8 billion riyals (approximately 
$24.7 million). At year's end, of the 518 cases, 490 had been sent to 
the judiciary for action, and the remaining 28 cases were still under 
consideration. COCA's reports were rendered to the parliament but were 
not accessible to the general public. Only low-ranking officials have 
been prosecuted for corruption since COCA's inception. The actual 
number of corruption cases was generally considered to be significantly 
higher than what was reported by COCA.
    Petty corruption was widely reported in nearly every government 
office. Job candidates were often expected to purchase their positions. 
Tax inspectors were reported to undervalue their assessments and pocket 
the difference. Many government officials received salaries for jobs 
they did not perform or multiple salaries for the same job.
    In 2006 the President ratified an anticorruption law, creating the 
first Supreme National Authority for Combating Corruption (SNACC), a 
new independent authority to investigate cases of official corruption. 
The authority includes a council of government, civil society, and 
private sector representatives.
    In June 2007 parliament elected 11 members to the SNACC, whose 
chair and deputy chair will serve a two-and-a-half-year term and can 
serve another two-and-a-half-year term, subject to SNACC consent, 
whereas regular SNACC members can serve only one five-year term. In 
July 2007 President Saleh signed a decree officially establishing SNACC 
and chaired SNACC's first meeting. SNACC elected former Minister of 
Telecommunications Ahmed al-Anesi as chair and Sanaa University 
associate professor of political science Bilquis al-Osbo'a as deputy 
chair.
    In early June 2007 the local authority fired Director General of 
Taxes Hussein Ali al-Ameer, Director General of Public Health and 
Population Fadhl Muhammad al-Akwa'a, and Director General of 
Electricity Ahmad Sailan on charges of corruption in the Dhammar 
province.
    The law requires a degree of transparency and public access to 
information, and the Press and Publications Law provides for 
journalists to have some access to government reports and information; 
in practice the Government offered few procedures to ensure 
transparency. In 2006 parliament passed a law requiring public 
disclosure of government officials' assets, and the SNACC worked to 
implement this during the year. The Government provided limited 
information on Internet sites; however, few citizens had access to the 
Internet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operated with 
varying degrees of government restriction, generally investigating and 
publishing their findings on human rights cases with little constraint. 
NGOs reported that government officials were not always cooperative and 
responsive to their views. The Law for Associations and Foundations 
regulates the formation and activities of NGOs. This law exempts NGOs 
from taxes and tariffs and requires the Government to provide a reason 
for denying an NGO registration. However, it also requires that any 
organization have at least 41 members in order to continue operations 
and forbids them from involvement in political activities.
    The law permits some foreign funding of NGOs and requires 
government observation of NGO internal elections. During the year the 
MOHR sponsored several initiatives to advance cooperation with local 
NGOs such as the Yemeni Women's Union (YWU) and the Violence Against 
Women network.
    Domestic human rights NGOs operated throughout the year. Although 
progovernment NGOs were supported by the Government or ruling party, 
others were clearly supported by opposition parties or were fully 
independent. Some of the most active included the Human Rights 
Information and Training Center, HOOD, the Yemen Observatory for Human 
Rights, the Democracy School, Media Women Forum, and the Arab Sisters 
Forum for Human Rights.
    Some NGOs practiced self-censorship. Some ministries reportedly 
harassed NGOs critical of the Government by delaying the procedures 
required for annual registration and licensing and through bureaucratic 
funding criteria. In 2007 the Ministry of Social Affairs and Labor 
(MSAL) refused to reissue the license for the Arab Sisters Forum for 
Human Rights due to its criticism of the Government for limiting press 
freedom. The group received a temporary two-year license from the 
Government during the year. The Government requires NGOs to register 
annually or be declared illegal. However, NGOs that were not granted 
licenses continued to operate during the year. WJWC did not receive a 
license during the year. In some instances the Government reportedly 
registered a progovernment clone version of an NGO, recognizing the 
clone as the legitimate NGO, thereby preventing the original NGO from 
renewing its registration under its original name. In such cases 
registration applications must be refiled under a new name. The 
Government reportedly did not process some registration applications 
and placed unofficial freezes on new licenses ahead of the September 
2007 by-elections.
    The Government monitored NGO finances. The Government reportedly 
used financial reviews as a pretext to harass or close NGOs, and some 
NGOs allegedly kept less than transparent records.
    The Government provided Amnesty International (AI), HRW, the 
Parliament of the EU, and The Committee to Protect Journalists (CPJ) 
limited access to records, detention centers, and prisons. The ICRC 
maintained a resident office to inspect prisons during the year, 
although access to PSO prisons was suspended. ICRC also carried out 
humanitarian missions in Saada to support displaced populations during 
the war. Both ICRC and the Islamic Relief and the UN World Food Program 
continued to provide humanitarian assistance to Saada's displaced 
population. ICRC did not face governmental restrictions in providing 
humanitarian assistance; however, because of the dangerous security 
situation in Saada, it was unable to respond to emergencies in an 
adequate manner.
    The MOHR attempted to raise awareness of human rights via public 
information campaigns, training of civil society organizations in how 
to prepare reports, and participation in numerous conferences in 
cooperation with NGOs. The MOHR also donated computers to orphanages 
and juvenile centers during the year. The MOHR also succeeded in having 
the country ratify the Arab Charter on Human Rights and presented 
several regular reports regarding its international commitments, such 
as a report on economic, social and cultural rights, and an 
antiviolence report.
    During the year the parliament's committee on human rights was 
largely inactive, as was the consultative council's committee on human 
rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal rights and equal opportunity for all 
citizens; however, the Government did not effectively enforce the law. 
Discrimination based on race, gender, and disability remained a serious 
problem. Entrenched patriarchal cultural attitudes limited women's 
ability to access equal rights.

    Women.--The law criminalizes rape, but the Government did not 
effectively enforce the law. The punishment for rape is imprisonment 
for up to 15 years; however, by year's end, this had not been imposed 
in any rape case. The rape victim was often prosecuted on charges of 
fornication after the perpetrator was set free. According to the law, 
the accused must confess or the defense needs to provide four female or 
two male witnesses to the crime. The Government has yet to introduce 
DNA technology to criminal rape cases, and without witnesses cases were 
difficult to prosecute. Rape cases were also often hindered by 
excessive corruption. A leading local women's rights organization 
asserted that the judicial system fails to bring justice to victims of 
rape.
    According to the law, a woman may not refuse sexual relations with 
her husband; accordingly, spousal rape is not criminalized. There are 
no reliable statistics on the number of rapes. Most women do not come 
forward, often remaining silent in fear of shaming the family and 
incurring violent retaliation.
    The 2003 rape case of Anisa al-Shuaibi was ongoing at year's end. 
During the year al-Shuaibi claimed she was attacked by unidentified 
assailants who threw stones at her. She was also offered a bribe to 
drop her case. Al-Shuaibi continued to receive threats on her life and 
those of her children at year's end. In April a judge convicted one of 
her three assailants, whose prison sentence was postponed. Al-Shuaibi 
was also awarded one million riyals (approximately $4,994) as 
compensation. At year's end an appeals process was ongoing. The CID 
detained Al-Shuaibi in 2003 with her two children and charged her with 
the kidnapping and murder of her husband, who was later found alive. 
According to her lawyers, al-Shuaibi was detained illegally for 38 days 
in a CID jail, where she was raped and tortured by two high-level CID 
officers.
    The law provides women with protection against violence; however, 
the law was rarely enforced. Although spousal abuse occurred, it 
generally was undocumented. Violence against women and children was 
considered a family affair and usually went unreported to the police. 
Due to social norms and customs, an abused woman was expected to take 
her complaint to a male relative (rather than to the authorities) to 
intercede on her behalf or provide her sanctuary, to avoid making the 
abuse public and shaming the family.
    A small shelter for battered women in Aden assisted victims, and 
telephone hotlines operated with moderate success in Aden and Sanaa. 
The MOHR announced in April 2007 it was launching a nationwide hotline 
to receive complaints on abuses of human rights; it was unclear how 
many domestic violence cases the MOHR hotline received. Hotline service 
was interrupted due to technical difficulties, but the MOHR reported 
work was under way to reactivate it as of the end of year.
    The press, women's rights activists, and the MOHR continued to 
investigate and report on violations of women's rights. During the year 
NGOs sponsored several women's rights conferences dealing with issues 
such as violence against women, increasing the political representation 
of women, and economic empowerment.
    The penal code allows leniency for persons guilty of committing a 
``crime against honor,'' a violent assault or killing committed against 
females for perceived immodest or defiant behavior. However, the law 
does not address other types of honor crimes, including beatings, 
forced isolation, imprisonment, forced early marriage, and deprivation 
of education. Legal provisions regarding violence against women state 
that a convicted man should be put to death for killing a woman. 
However, a husband who kills his wife and her lover may be fined or 
imprisoned for one year or less. In June a government report disclosed 
2,964 cases in 2007 of violence against women. Of those cases, 130 
resulted in death, and 970 in injuries.
    Prostitution is illegal; however, it was a problem, particularly in 
Aden and Sanaa. The punishment for prostitution is imprisonment for up 
to three years or a fine. The MOI and PSO tolerated and unofficially 
facilitated prostitution and sex tourism through corruption for 
financial and operational gain. Although no laws addressed sex tourism, 
it was a problem, particularly in Aden and Sanaa.
    There are no laws prohibiting sexual harassment, which occurred 
both in the workplace and in the streets.
    Social custom and local interpretation of Shari'a discriminated 
against women. Men were permitted to take as many as four wives. There 
was no minimum age of marriage, and some girls married as young as age 
eight.
    A husband may divorce a wife without justifying the action in 
court. A woman has the legal right to divorce; however, she must 
provide a justification, and there are a number of negative practical, 
social, and financial considerations that impede women from obtaining a 
divorce.
    Women who seek to travel abroad must customarily obtain permission 
from their husbands or fathers to receive a passport and to travel. 
Male relatives were expected to accompany women when traveling 
internationally; however, enforcement of this requirement was not 
consistent. Some women reported they traveled freely without male 
escorts.
    Some interpretations of Shari'a prohibit a Muslim woman from 
marrying a non-Muslim man; however, a Muslim man is allowed to marry a 
non-Muslim woman. Women do not have the right to confer citizenship on 
their foreign-born spouses, but they may confer citizenship on children 
born of a foreign-born father if the father dies or abandons the child. 
The foreign wife of a male citizen must remain in the country for two 
years to obtain a residence permit.
    According to a MOI regulation, any citizen who wishes to marry a 
foreigner must obtain the permission of the ministry. A woman wishing 
to marry a foreigner must present to the MOI proof of her parents' 
approval. A foreign woman who wishes to marry a male citizen must prove 
to the ministry that she is ``of good conduct and behavior'' and ``is 
free from contagious disease.''
    According to a 2006 Ministry of Public Health and Population 
survey, approximately 65 percent of ever-married women were illiterate. 
A 2004 Central Statistics Organization census estimated male illiteracy 
at 27 percent. The high illiteracy rate had a significant effect on 
women's participation in the 2006 elections, limiting access to 
information on campaigns and political rights. Election observers also 
noted that illiteracy helped to perpetuate the belief that women were 
incapable of holding public office. The fertility rate was 6.41 
children per woman. Most women had little access to basic health care.
    In general women in the south, particularly in Aden, were better 
educated and had somewhat greater employment opportunities than their 
northern counterparts. However, since the 1994 war of secession, the 
number of women in government in the south has declined, due to 
conservative cultural pressure from the north and stagnation of the 
economy. According to the UN Development Program, female workers 
accounted for 29.7 percent of the paid labor force in 2005.
    The law stipulates that women are equal to men in employment 
rights; however, female activists and NGOs reported that discrimination 
was a common practice in the public and private sectors. Mechanisms to 
enforce equal protection were weak or nonexistent.
    According to the MSAL there were more than 170 NGOs working for 
women's advancement. The Arab Sisters Forum for Human Rights worked 
with other NGOs, the Government, and donor countries to strengthen 
women's political participation. The Yemeni Women's Union and Women's 
National Committee (WNC) conducted workshops on women's rights. The 
Arab Sisters Forum, with funding from the Netherlands, set up a four-
year project aimed at providing protection against violence for women 
and children. This project plans to include lawyers who will handle 
cases of violence, a hotline to report sexual harassment against women 
and children, and a shelter to provide assistance to victims.

    Children.--The Government lacked the political will and necessary 
resources to ensure adequate education, health care, and welfare 
services for children. The law provides for universal, compulsory, and 
free education from age six to 15 years; however, compulsory attendance 
was not enforced and books and school uniforms raised the cost of 
attendance to about 2,000 riyals (approximately $10) per student per 
year, which some parents could not afford. Public schooling was 
available to children through the secondary school level. Attendance 
was mandatory through the ninth grade; however, many children, 
especially girls, did not attend primary school. According to 2006 
government statistics, average student attendance in primary schools 
was 81.6 percent for boys and 61.7 percent for girls. The 2007 
Community, Habitat and Finance (CHF) ACCESS-MENA report stated that 55 
percent of children between the ages of six and 15 did not attend 
school.
    The law provides for free medical care for children who hold 
citizenship; however, this was not always enforced. Malnutrition was 
common. According to 2008 UN Children's Fund (UNICEF) statistics, the 
infant mortality rate was 75 deaths per 1,000 births. Male children 
received preferential treatment and had better health and survival 
rates.
    In 2007 hundreds of children reportedly marched in front of 
government buildings in Sanaa demanding more financial aid to solve 
their health, education, nutrition, child labor, and trafficking 
problems. The participants of the march, which was organized by local 
NGO Democracy School and was attended by children's rights activists, 
submitted a letter to the prime minister requesting that the Government 
fulfill its promises of offering free education and health services to 
children.
    The law prohibits female genital mutilation (FGM); however, it was 
a pervasive practice in the coastal areas on infants before they reach 
40 days of age. Although government health workers and officials 
discouraged the practice, women's groups reported FGM rates as high as 
90 percent in some coastal areas, such as Mahara and Hodeida. The WNC 
and the Ministry of Endowments and Religious Guidance provided a manual 
for religious leaders on women's health issues, including the negative 
health consequences of FGM.
    Child marriage was a significant problem in the country. There was 
no minimum age of marriage and many girls were married as young as age 
eight. A law setting the minimum age for marriage as 15 years was 
revoked in 1998, and multiple attempts to reinstate the law have failed 
in parliament. The law does have a provision that forbids sex with 
underage brides until they are ``suitable for sexual intercourse,'' an 
age that is undefined. An OXFAM study calculated that among 1,495 
couples, 52.1 percent of women and 6.7 percent of men were married at 
an early age. The report also highlighted that 15 to 16 years is 
generally considered the appropriate age of marriage for girls. This 
varied, however, depending on region and socioeconomic status. 
According to the MSAL, the Government did not promote public awareness 
campaigns on the negative effects of child marriage due to the cultural 
sensitivity of the issue.
    Stories that broke in the media during the year highlighted the 
problem of child marriage in the country. Nujoud and Arwa, nine and 
eight years old respectively, were forced to marry men in their 30s and 
subsequently obtained divorces after months of severe sexual and 
physical abuse. Reem, a 12-year-old girl who was forced into marriage 
by her father, was still attempting to obtain a divorce at year's end.
    Married boys, ages 12 to 15 years, were reportedly involved in 
armed conflict beginning in November in Amran governorate between the 
Harf Sufian and al-Osaimat tribes. Local customs in tribal areas 
reportedly dictated that when a boy is married he is an adult and owes 
allegiance to his tribe.
    The law does not define nor prohibit child abuse, and there was no 
reliable data on the extent of child abuse.

    Trafficking in Persons.--The law does not explicitly address or 
prohibit trafficking in persons, but other sections of the country's 
criminal code can be applied to prosecute trafficking offenses. The 
country is a point of origin for children, mostly boys, who are 
trafficked for forced begging, unskilled labor, and street vending.
    There were no reports of underage internal sex trafficking during 
the year. However, according to a local human rights NGO, an unknown 
number of women, including those under the age of legal consent, were 
trafficked from their homes to other regions within the country for the 
purposes of prostitution. For example, there were reports that two 
underage girls, one in 2005 and one in 2006, were trafficked into 
prostitution in Aden after fleeing abusive homes or forced marriages in 
the northern governorates.
    There were no official statistics available on the number of 
children trafficked out of the country. Press and NGO reports claimed 
children mostly from northern governorates were trafficked out of the 
country to Saudi Arabia at a rate of approximately 200 children per 
week. The MSAL's Child Labor Unit (CLU) acknowledged that high rates of 
children were trafficked into Saudi Arabia for work. The CLU estimated 
that at least 10 children per day were trafficked into Saudi Arabia. 
MSAL had no reports during the year indicating that children were 
trafficked into Saudi Arabia for commercial sex work. However, experts 
at international and intergovernmental organizations reported evidence 
in the three governorates of Mahweet, Aden, and Taiz indicating that 
girls younger than 15 were trafficked into the commercial sex trade in 
those areas.
    Children were trafficked by adults, older children, and loosely 
organized syndicates who helped them cross the border by donkey, 
automobile, or foot. They worked predominantly in hotels, casinos, and 
nightclubs.
    Government investigations revealed that extreme poverty was the 
primary motivation behind child trafficking, and the victims' families 
were almost always complicit. The traffickers were often well known by, 
if not related to, the family; parents were either paid or promised 
money in exchange for allowing their children to be trafficked. Many 
cases were also later discovered to be instances of illegal 
immigration.
    The law, which does not differentiate between children and adult 
victims, allows for a prison sentence of up to 10 years for anyone 
convicted of crimes constituting trafficking in persons. Other laws 
forbid and punish kidnapping and sexual assault. The Child Rights Law 
mandates the protection of children from economic and sexual 
exploitation. The country reported 14 arrests and six convictions for 
child labor trafficking, but the Government did not provide information 
regarding the sentences. Notably, the Government reportedly detained 
and prosecuted victims of trafficking under anti-prostitution laws.
    The Government continued discussions with Saudi Arabian officials 
to combat child trafficking. The MOHR ran a hotline for persons to 
report child trafficking.
    In an attempt to prevent child trafficking, the MSAL conducted a 
campaign in regions known as points of origin of trafficked children. 
The MSAL warned potential victims' parents against the dangers of 
allowing their children to work in Saudi Arabia.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Several laws mandate the rights and 
care of persons with disabilities; however, there was discrimination 
against such persons. By law, 5 percent of government jobs should be 
reserved for persons with disabilities, and a law mandates the 
acceptance of persons with disabilities in universities, exempts them 
from paying tuition, and requires that schools be made more accessible 
to persons with disabilities. It was unclear to what extent these laws 
have been implemented. No national law mandates accessibility of 
buildings for persons with disabilities.
    During the year the parliament ratified the Convention on the 
Rights of Persons with Disabilities, which specifically mandates that 
the Government take the necessary legislative actions to make its 
provisions effective. Among these provisions is the right to 
participate in political and public life.
    The Government's Social Fund for Development and the Fund for the 
Care and Rehabilitation of the Disabled, administered by the MSAL, 
provided limited basic services and funded more than 60 NGOs to assist 
persons with disabilities.

    National/Racial/Ethnic Minorities.--The Akhdam (an estimated 2 to 5 
percent of the population) were considered the lowest social class. 
They lived in poverty and endured persistent social discrimination. The 
Government's Social Fund for Development provided basic services to 
assist the group. During the year human rights groups reported that 
some immigrants of African origin had difficulty in securing MOI 
permission to marry citizens.
    During the year tribal violence continued to be a problem in Sanaa 
and throughout the country, and the Government's ability to control 
tribal elements responsible for acts of violence remained limited. 
Tensions over land or sovereignty in particular regions continued 
between the Government and a few tribes, periodically escalating into 
violent confrontations.
    There were no public reports of discrimination based on sexual 
orientation or HIV/AIDS; however, these topics are socially sensitive 
and not discussed publicly.

    Incitement to Acts of Discrimination.--Two inflammatory government 
newspapers, Al Dostor and Akhbar Al Youm, continuously published 
propaganda for the purpose of slander and incitement to discrimination 
or violence. In 2007 Al Dostor published an article with the names of 
the country's top 40 female activists, branding them as apostates. The 
newspaper also printed photos of four of the activists.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that citizens have 
the right to form and join unions; however, this right was restricted 
in practice.
    Although not required by law, all current unions are federated 
within the General Federation of Trade Unions of Yemen (GFTUY), a 
national umbrella organization. The GFTUY claimed approximately 42,000 
members in 21 unions during its June 2007 elections. The GFTUY denied 
any association with the Government; however, it worked closely with 
the Government to resolve labor disputes through negotiation.
    The politicization of unions and professional associations 
continued to hamper the right of association. In some instances the GPC 
ruling party attempted to control professional associations by 
influencing internal elections or placing its own personnel, usually 
tied to the Government, in positions of influence in unions and 
professional associations.
    The law dictates that a labor union can be dissolved only by court 
order or its own members; however, the Government did not respect this 
right in practice. For example, in September 2007 the MSAL threatened 
to dissolve the Yemen Teachers Union, Technical Education Syndicate, 
and the Physicians and Pharmacists Syndicate, claiming they had not 
obtained a MSAl-issued license and thus were operating illegally. This 
announcement from MSAL came after months of sit-ins and demonstrations 
staged around the country by the Teachers Union to demand a pay 
increase.
    The labor law provides unions the right to strike only if prior 
attempts at negotiation and arbitration fail, and workers exercised 
this right by conducting legal strikes. The proposal to strike must be 
submitted to at least 60 percent of all concerned workers, of whom 25 
percent must vote in favor. Strikes for explicit ``political purposes'' 
were prohibited.

    b. The Right to Organize and Bargain Collectively.--The labor law 
provides workers, except public servants, foreign workers, day 
laborers, and domestic servants the right to organize and bargain 
collectively without government interference. The Government permitted 
these activities; however, at times it sought to influence them by 
placing its own personnel inside groups and organizations. Unions may 
negotiate wage settlements for their members, and may resort to strikes 
or other actions to achieve their demands. Public sector employees must 
take their grievances to court. The MSAL has veto power over collective 
bargaining agreements. Several such agreements existed. Agreements may 
be invalidated if they are ``likely to cause a breach of security or to 
damage the economic interests of the country.''
    The law generally protects employees from anti-union 
discrimination. An employer does not have the right to dismiss an 
employee for union activities; however, there were reports that private 
sector employers discriminated against union members through transfers, 
demotions, and dismissals.
    Employees may appeal any dispute, including cases of anti-union 
discrimination, to the MSAL. Employees also may take a case to the 
Labor Arbitration Committee, which is chaired by the MSAL; it is 
composed of an employer representative and a GFTUY representative. Such 
cases often were disposed favorably toward workers, especially if the 
employer was a foreign company. Neither GFTUY nor the MSAL was able to 
provide statistics on how many unionized employees used this system 
during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports of such practices during the year. Yemeni girls were trafficked 
within the country for commercial sexual exploitation in hotels, 
casinos, and bars. A local NGO reported that more than 30,000 children 
worked on the streets of Sana'a alone. Children were also reportedly 
trafficked from the country to work as child laborers in other 
countries, especially from the governorates of Hajja, Hudeidah, and 
Saada. The NGO blog Human Trafficking Project reported in April that 
3,000 Bangladeshis were trafficked to work in Yemen in conditions close 
to indentured servitude.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Child Rights Law prohibits child labor; however, it has not been 
effectively implemented.
    The established minimum age for employment was 15 years in the 
private sector and 18 years in the public sector. By special permit, 
children between the ages of 12 and 15 years could work. The Government 
rarely enforced these provisions, especially in rural and remote areas. 
The Government also did not enforce laws requiring nine years of 
compulsory education for children.
    Child labor was common, especially in rural areas. The 2007 CHF 
ACCESS-MENA report states that children in the country were 
predominantly employed in agriculture and fishing. Many children were 
required to work in subsistence farming due to family poverty. Even in 
urban areas, children worked in stores and workshops, sold goods, and 
begged on the streets. Many children of school age worked instead of 
attending school, particularly in areas where schools were not easily 
accessible. Local observers reported that half or more of the fighters 
involved in armed conflict between the al-Osaimat and Harf Sufian 
tribes in Amran governorate, which broke out in November, were boys 
ranging from 12 to 15 years of age.
    The Child Labor Unit at the Ministry of Social Affairs and Labor 
was responsible for implementing and enforcing child labor laws and 
regulations; however, the unit's lack of resources hampered 
enforcement.
    In 2006 the Ministry of Social Affairs and Labor estimated that 
there were more than 500,000 working children, ages six to 14 years, 
and that working children equaled 10 to 15 percent of the total work 
force. CHF 2007 estimated that approximately 52 percent of male 
children between the ages of 10 and 14 were in the workforce, compared 
to 48 percent of female children in the same age group. CHF estimated 
that 83 percent of working children worked for their families 
(including street beggars) and 17 percent worked outside the family. 
According to the MSAL, children working outside the family are employed 
in small factories and shops. The Government was an active partner with 
the International Labor Organization's International Program to 
Eliminate Child Labor. During the year the program offered remedial 
education, vocational training, counseling, and reintegration of child 
laborers into schools.

    e. Acceptable Conditions of Work.--There was no established minimum 
wage. The labor law provides equal wages for public workers and civil 
servants. Private sector workers, especially skilled technicians, 
earned a far higher wage. The average daily wage did not provide a 
decent standard of living for a worker and family. During the year the 
minimum civil service wage did not meet the country's poverty level.
    The law specifies a maximum 48-hour workweek with a maximum 8-hour 
workday; however, many workshops and stores operated 10- to 12-hour 
shifts without penalty. The 35-hour workweek for government employees 
was seven hours per day from Saturday through Wednesday.
    MSAL is responsible for regulating workplace health and safety 
conditions. The requisite legislation for regulating occupational 
health is contained in the labor law. However, enforcement was weak to 
nonexistent due to lack of MSAL capacity. MSAL has a Vocational Safety 
Department that relies on committees to conduct primary and periodic 
investigations of safety and health conditions in workplaces. Many 
workers were regularly exposed to toxic industrial products and 
developed respiratory illnesses. Some foreign owned companies and major 
manufacturers implemented higher health, safety, and environmental 
standards than the Government required. Workers have the right to 
remove themselves from

                               __________



                         SOUTH AND CENTRAL ASIA

                              ----------                              


                              AFGHANISTAN

    Afghanistan is an Islamic republic with a population of 
approximately 32 million. Under its new constitution, citizens elected 
Hamid Karzai President in 2004 and the following year selected a new 
parliament; although the elections did not fully meet international 
standards for free and fair elections, citizens perceived the outcomes 
as acceptable, and the elections established the basis for democratic 
development at the federal and regional levels. A continuing insurgency 
hindered the Government's capacity to govern effectively in several 
areas of the country. Although civilian authorities generally 
maintained effective control of the security forces, there were 
instances in which elements of the security forces acted independently.
    The country's human rights record remained poor. Human rights 
problems included extrajudicial killings; torture; poor prison 
conditions; official impunity; prolonged pretrial detention; 
restrictions on freedom of the press; restrictions on freedom of 
religion; violence and societal discrimination against women; 
restrictions on religious conversions; abuses against minorities; 
sexual abuse of children; trafficking in persons; abuse of worker 
rights; and child labor.
    Although the Government deepened its authority in provincial 
centers, Taliban or factions operating outside government control 
exercised authority in some areas. During the year more than 6,340 
persons died as a result of the insurgency, including deaths by suicide 
attacks and roadside bombs, in contrast to 2007, when more than 6,500 
persons died. The majority of the casualties were insurgent fighters 
killed in combat. Taliban and anti-government elements continued to 
threaten, rob, attack, and kill villagers, government officials, 
foreigners, and nongovernmental organization (NGO) workers. UN 
Assistance Mission to Afghanistan (UNAMA) reported 2,118 civilian 
casualties during the year, an increase of 39 percent compared to 2007, 
when there were 1,523 reported civilian conflict-related deaths.
    The Government enacted a law criminalizing 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 numerous 
reports that the Government or its agents committed arbitrary or 
unlawful killings. In addition, there were killings of civilians during 
conflict, high-profile killings by unknown actors, and politically 
motivated killings by insurgent groups during the year in connection 
with the ongoing insurgency (See Section 1.g.).
    In May the UN Special Rapporteur on extrajudicial, summary, and 
arbitrary executions visited the country and reported on many cases in 
which police killed civilians with impunity. He focused on the need to 
reform the Afghan National Police and judicial system, curbing Taliban 
and other anti-government elements' abuses, and addressing the often 
overlooked extrajudicial killing of women. His preliminary report dated 
May 29 stated that although there were no reliable figures on the 
numbers of such killings, the numbers of alleged killings were high 
enough to give Afghans, particularly in the south, some reason to 
support the Taliban. On May 10 in Nangarhar, police fired on 
protesters, killing two civilians, media outlets reported. In November 
the Government executed 16 prisoners. At year's end, approximately 85 
additional cases of prisoners sentenced to death were pending President 
Karzai's review. The EU, UN, and numerous human rights NGOs have 
condemned executions, noting the lack of due process in the judicial 
system did not guarantee a fair trial.
    There were no developments in the investigation of a May 2007 
killing of 10 persons by police in Jowzjan Province or the October 2007 
case of 15 prisoners executed at Pol-e-Charkhi prison under executive 
order amid allegations of lack of due process.
    On August 3, an unidentified gunman shot and killed a senior 
finance ministry official in Kabul. On September 4, an unknown gunman 
shot and killed the chief of the Central Narcotics Tribunal Appeals 
Court outside his house in Kabul. Authorities charged one suspect with 
solicitation to commit murder. On September 12, according to police 
reports, a remote control bomb killed the governor of Logar Province 
and three bodyguards. Taliban claimed responsibility for the killings. 
Taliban also claimed responsibility for the September 27 shooting that 
killed Lieutenant Colonel Malalai Kaker, a senior female police officer 
in Kandahar. Unknown actors killed many other high-profile government 
officials; the vast majority of these acts were associated with the 
ongoing insurgency (See Section 1.g).
    On April 10, authorities in Balkh Province unearthed a mass grave 
in the Dihdadi district containing remains of at least 10 individuals. 
Construction workers in Mazar-e-Sharif, Balkh Province, unearthed 
another mass grave on June 12 containing at least 10 remains. Local 
authorities in both cases told media the remains date from the Taliban 
period. Media outlets reported two additional mass graves near Kabul 
discovered on approximately June 29, one containing 16 bodies and the 
other 12. Authorities identified one of the bodies as former President 
Daud who was killed in the Presidential palace in 1978. There were no 
new developments in the April 2007 discovery of a mass grave in 
Badakhshan.

    b. Disappearance.--There were reports of insurgent groups and 
criminals perpetrating disappearances and abductions during the year, 
in connection with the ongoing insurgency (See Section 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, there 
were reports of abuses by government officials, local prison 
authorities, police chiefs, and tribal leaders. NGOs reported security 
forces continued to use excessive force, including beating and 
torturing civilians.
    Human rights organizations reported local authorities tortured and 
abused detainees. Torture and abuse included pulling out fingernails 
and toenails, burning with hot oil, beatings, sexual humiliation, and 
sodomy. A February 21 UN Secretary-General report noted detainees 
continued to complain of torture by law enforcement officials.
    In November 2007 Amnesty International (AI) reported prisoners 
consistently were subject to torture once transferred to local 
authorities. The report documented specific cases of torture and noted 
AI received repeated reports from both individuals and international 
organizations of torture and ill-treatment by the National Directorate 
of Security (NDS). The Government rejected the report's assertions.
    The Ministry of Women's Affairs (MOWA) and NGOs reported police 
frequently raped female detainees and prisoners. There were reports of 
abuses by Taliban and other insurgent groups. Media reports and 
firsthand accounts accused the Taliban of employing torture in 
interrogations of persons they accused of supporting coalition forces 
and the central government. The Taliban claimed responsibility in such 
cases by contacting newspapers and television stations.
    According to a June 25 Afghan Independent Human Rights Commission 
(AIHRC) report, approximately half of the children in detention centers 
and orphanages were exposed to physical abuse. One 13-year-old boy told 
AIHRC police beat him with the barrel of a gun until he confessed. 
According to a UN Security Council report, cases of authorities 
threatening and mistreating juvenile detainees occurred throughout the 
year.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor. Most were decrepit, severely overcrowded, unsanitary, and fell 
well short of international standards. The AIHRC continued to report 
that inadequate food and water, poor sanitation facilities, 
insufficient blankets, and infectious diseases were common conditions 
in the country's prisons. Infirmaries, where they existed, were 
underequipped. Contagious and mentally ill prisoners were rarely 
separated from other prisoners.
    The Government reported 34 provincial prisons and 203 district 
detention centers. The Government also reported 30 active 
rehabilitation centers for juveniles. Twenty-two provincial prisons and 
four district detention centers reported housing female inmates at 
year's end.
    Children whose mothers had been convicted of a crime often lived in 
prison with their mothers, particularly if they had no other family. 
Prisons did not separate prisoners and lacked adequate separate housing 
for women, accompanying children, and juveniles. Women were never 
imprisoned with men. Authorities generally did not separate prisoners 
awaiting trial from the rest of the inmate population.
    On September 23, a court sentenced an ANA soldier who had raped an 
11-year-old girl in Jowzjan Province to 15 years' imprisonment.
    The Government permitted the International Committee of the Red 
Cross (ICRC) to visit all prisons operated by the NDS and Ministry of 
Justice (MOJ). The ICRC regularly visited more than 80 detention sites. 
Security constraints occasionally prevented ICRC delegates from 
visiting some places of detention, and the ICRC was not notified of all 
places of detention and detainees. The AIHRC also monitored prison 
conditions regularly. The AIHRC reported that in a few cases prison 
authorities did not grant representatives full access.
    According to a February 21 UN Report, in some cases tribal leaders 
held persons accused of crimes in private detention. The report noted 
local officials often do not intervene when they become aware of these 
private facilities.
    NGOs reported powerful local leaders and insurgents, including 
Taliban, continued to operate private prisons. The ICRC and the AIHRC 
did not have access to prisoners and hostages held in private prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest or detention; however, both remained serious problems.

    Role of the Police and Security Apparatus.--The Afghan National 
Police (ANP), under the Ministry of Interior (MOI), has primary 
responsibility for internal order. The NDS has responsibility for 
investigating cases of national security and also functions as an 
intelligence agency. In some areas powerful individuals, some of whom 
reportedly were linked to the insurgency, maintained considerable power 
as a result of the Government's failure to assert control. The North 
Atlantic Treaty Organization remained in control of the UN-sanctioned 
International Security Assistance Force (ISAF), which worked closely 
with the national security forces.
    Official impunity remained pervasive. Illegal border checkpoints, 
some reportedly manned by tribal leaders and low-level members of 
insurgent groups, extorted bribes. Human rights groups and detainees 
reported local police extorted bribes from civilians in exchange for 
release from prison or to avoid arrest.
    The MOI Human Rights Unit receives and responds to complaints of 
police abuse and has trained at least two ANP officers in each province 
and one at each checkpoint in Kabul to recognize and report human 
rights violations. Communication and coordination of reports between 
the provinces and MOI headquarters in Kabul remained a concern.
    Rank and pay reform procedures put in place in 2006 were largely 
complete. The force rank structure was revised to align the size of the 
force with the mission requirements and to align ANP salaries with 
their ANA counterparts. The reform resulted in the retirement or 
demotion of more than 7,300 officers in the past two years. 
International support for recruiting and training of new ANP personnel 
was conditional upon new officers being vetted in a manner consistent 
with international human rights standards to generate a more 
professional police force. The international community worked with the 
Government to develop training programs and internal investigation 
mechanisms to curb security force corruption and abuses. Over the last 
18 months, more than 25,000 ANP members received training in the 
constitution, police values and ethics, professional development, 
preventing domestic violence, and fundamental standards of human rights 
in addition to core policing skills. Under the Focused District 
Development (FDD) program, ANP were trained in policing skills 
including human rights at the central training center and regional 
training centers for eight-week periods. Nevertheless, human rights 
problems persisted.
    The Government made efforts to combat corruption in the security 
apparatus. The Government electronically direct deposited police and 
military salaries during the year, making pay a more transparent and 
accountable process and less subject to corruption. In July a 
commission under Chief Justice Abdul Salam Azimi released a report on 
corruption. To implement the findings of this report, President Karzai 
established through Presidential decree an anticorruption oversight 
commission, charged with overseeing all governmental anticorruption 
efforts, including thorough investigation and prosecution. In August 
the parliament passed the Law on Monitoring the Implementation of the 
Anti-Administrative Corruption Strategy, which sought to increase 
ministerial transparency and accountability, tighten contracting laws, 
and increase legal access to information on high-ranking individuals' 
assets. President Karzai appointed the chief of the commission in 
September. During December the commission opened a central office in 
Kabul and hired a small staff. The Government also established an 
anticorruption unit within the Attorney General's Office. Efforts to 
staff the unit with prosecutors were ongoing at year's end.
    NGOs and human rights activists noted societal violence, especially 
against women, was widespread; in many cases security forces did not 
prevent or respond to the violence.

    Arrest and Detention.--Arbitrary arrest and detention remained 
problems.
    The law provides for access to legal counsel, the use of warrants 
and bail, and provides limits on how long detainees may be held without 
charges. Detainees often were not informed of charges against them. 
Police have the right to detain a suspect up to 72 hours to complete a 
preliminary investigation. If they decide to pursue a case, the file is 
transferred to the prosecutor's office, which must see the suspect 
within 48 hours. The investigating prosecutor could continue to detain 
a suspect without formal charges for 15 days from the time of arrest 
while continuing the investigation. The prosecutor must file an 
indictment or drop the case within 30 days of arrest. In practice many 
detainees did not benefit from any or all of these provisions. NGOs 
continued to report that prison authorities detained individuals for 
several months without charging them.
    The press and human rights organizations reported arbitrary arrest 
in most provinces. There was little consistency in the length of time 
detainees were held before trial or arraignment. In a March 2007 report 
the UN Secretary General stated in many cases there was prolonged 
pretrial detention and suspects had not been given access to lawyers.
    Police often detained women at the request of family members for 
``zina,'' a term used broadly to refer to actions that include defying 
the family's wishes on the choice of a spouse, running away from home, 
fleeing domestic violence, eloping, or other offenses such as adultery 
or premarital sex. Authorities imprisoned an unknown number of women 
for reporting crimes perpetrated against them or to serve as 
substitutes for their husbands or male relatives convicted of crimes. 
Some women were placed in protective custody to prevent violent 
retaliation by family members.
    Authorities did not respect limits on length of pretrial detention, 
and lengthy pretrial detention remained a problem in part because the 
legal system was unable to guarantee a speedy trial. In other cases, 
the justice system operated quickly, with the judicial system deciding 
cases appealed to the Supreme Court within 10 months. There was no 
system of bond, and defendants released pending appeal often 
disappeared.
    Authorities frequently did not re-arrest defendants even when an 
appellate court convicted them in absentia. The UN Human Rights 
Commission, ICRC, and AIHRC reported arbitrary and prolonged detentions 
frequently occurred throughout the country. The Interim Criminal 
Procedure Code sets limits on pretrial detention. In many cases courts 
did not meet these deadlines. NGOs continued to report that prison 
authorities detained individuals for several months without charging 
them. There were credible reports during the year that police in Kabul 
continued to detain prisoners after they were found innocent.
    Lengthy trial procedures in some cases stemmed in part from the 
severe inadequacy of the judicial system. At year's end 680 defense 
attorneys were registered with the MOJ. The Supreme Court reported 
there were 1,652 judges, including 189 women. International NGOs 
estimated there were 2,000 to 2,500 prosecutors practicing; many of 
them lacked any formal legal training. On July 30, the country's first 
bar association was established. By year's end more than 300 lawyers 
had enrolled in the independent organization. During the year 
international groups worked with the MOJ to provide constitutionally 
mandated legal aid, with more than 850 prosecutors, attorneys, and 
justice professionals receiving training. The Attorney General's Office 
recruited more than 200 trained lawyers to replace prosecutors who 
lacked legal training.
    According to the MOJ, 12,495 persons were detained in correctional 
facilities nationwide, of whom 7,855 had been tried and convicted; the 
remaining 4,640 were awaiting trial. There were also widespread 
shortages of judges. Bamyan Province, for instance, reported during 
2007 no judges were present in three districts and three others were 
understaffed. Another significant barrier to justice was detainees' 
lack of awareness of their rights under the 2004 Interim Criminal Code 
for Courts. The Criminal Code, which human rights and legal experts 
widely reported was inadequate, continued to be rewritten and improved 
during the year.

    Amnesty.--In February 2007 both houses of parliament drafted 
versions of a bill that, if passed, would grant amnesty from 
prosecution to all persons engaged in conflict for the past 25 years, 
as well as those who were fighting during the year. Both versions of 
the bill allow for individuals to bring cases against perpetrators. 
NGOs, the AIHRC, and many citizens criticized the draft bills, noting 
they would grant amnesty to gross violators of human rights, including 
many parliamentarians. The drafts of the amnesty bill had a few minor 
differences. Under the constitution, the parliament must convene a 
joint committee to resolve these differences. At year's end this 
committee had not been convened.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, but in practice the judiciary was often 
underfunded, understaffed, and subject to political influence and 
pervasive corruption. Pressure from public officials, tribal leaders, 
families of accused persons, and individuals associated with the 
insurgency, as well as bribery and corruption, threatened judicial 
impartiality. The Counternarcotics Tribunal in Kabul was an exception 
and international organizations reported no evidence of corruption or 
political influence by its officials. Other courts administered justice 
unevenly according to a mixture of codified law, Shari'a (Islamic law), 
and local custom.
    The formal justice system was relatively strong in the urban 
centers, where the central government was strongest, and weaker in the 
rural areas, where approximately 75 percent of the population lives. 
Nationwide, fully functioning courts, police forces, and prisons were 
rare. The judicial system lacked the capacity to handle the large 
volume of new and amended legislation. A lack of qualified judicial 
personnel hindered the courts. Municipality and provincial authorities 
as well as judges had minimal training and often based their judgments 
on their personal understanding of Shari'a, tribal codes of honor, or 
local custom. Both judges and prosecutors were hampered by a lack of 
access to legal codes and statutes.
    The judicial branch consists of the Supreme Court, high courts 
(appeals courts), and primary courts. Judges are appointed with the 
recommendation of the Supreme Court and approval of the President. The 
Supreme Court has overall responsibility for the national court system. 
The President appoints Supreme Court members with the approval of the 
House of Representatives (Wolesi Jirga). A national security court 
tried terrorists and other cases, although details on its procedures 
were limited.
    In 2005, President Karzai passed a counternarcotics law by decree 
that serves as law pending parliamentary review. The law created a 
separate central court with national jurisdiction for narcotics 
prosecutions above a threshold level and an accompanying investigatory 
unit. During the year, it consisted of 30 prosecutors, 35 
investigators, seven primary court judges, and seven appellate court 
judges. The court handled all cases beyond a threshold of two kilograms 
of heroin, 10 kilograms of opium, and 50 kilograms of hashish or 
precursor chemicals.
    In some remote areas not under government control, Taliban enforced 
a parallel judicial system. Punishments handed out by Taliban judicial 
structures included beheadings, hangings, and beatings, according to 
human rights activists.
    Courts primarily decided criminal cases in major cities, although 
civil cases were often resolved in the informal system. Due to the 
undeveloped formal legal system, in rural areas local elders and shuras 
were the primary means of settling both criminal matters and civil 
disputes; they also allegedly levied unsanctioned punishments. Some 
estimates suggested 80 percent of all cases went through shuras, which 
did not adhere to the constitutional rights of citizens and often 
violated the rights of women and minorities. An NGO in Herat, however, 
reported shuras often treated women fairly in resolving civil matters 
such as divorce and custody cases.

    Trial Procedures.--Trial procedures rarely met internationally 
accepted standards. The administration and implementation of justice 
varied in different areas of the country. Under the law all citizens 
are entitled to a presumption of innocence. In practice the courts 
reportedly convicted defendants after sessions that lasted only a few 
minutes. Defendants have the right to be present and to appeal; 
however, these rights were not always applied. Trials were usually 
public, and juries were not used. Defendants also have the right to 
consult with an advocate or counsel at public expense when resources 
allowed. This right was inconsistently applied. Defendants frequently 
were not allowed to confront or question witnesses. Citizens were often 
unaware of their constitutional rights. Defendants and attorneys were 
entitled to examine the documents related to their case and the 
physical evidence before trial; however, NGOs noted that in practice 
court documents often were not available for review before cases went 
to trial.
    The court has two months to start hearing a case. An appeal must be 
filed within 20 days, and the appellate court has two months to review 
the case. Any second appeal must be filed within 30 days, after which 
the case moves to the Supreme Court, which could take up to five months 
to conclude the trial. In many cases, courts did not meet these 
deadlines.
    Under Shari'a, relatives of victims can pursue a case against a 
suspected offender and a judge can offer restitution or even, in the 
case of murder, execution, which the family could choose to carry out 
only if a member of the victim's family consents. In addition, under 
Shari'a law, if the family of the victim pardons the perpetrator, the 
judge must issue a pardon as well.
    In cases lacking a clearly defined legal statute, or cases in which 
judges, prosecutors, or elders were simply unaware of the law, courts 
and informal shuras enforced customary law; this practice often 
resulted in outcomes that discriminated against women. This included 
the practice of ordering the defendant to provide compensation in the 
form of a young girl to be married to a man whose family the defendant 
had wronged.

    Political Prisoners and Detainees.--There were reports that a 
number of tribal leaders, sometimes affiliated with the Government, 
held prisoners and detainees. There were no reliable estimates of the 
numbers involved.

    Civil Judicial Procedures and Remedies.--Citizens had limited 
access to justice for constitutional and human rights violations, and 
interpretations of religious doctrine often took precedence over human 
rights or constitutional rights. The judiciary did not play a 
significant role in civil matters due to corruption and a lack of 
capacity. Land disputes remained the most common civil dispute and were 
most often resolved by informal local courts.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government did not respect these prohibitions in practice, and there 
were no legal protections for victims.
    Government officials forcibly entered homes and businesses of 
civilians without judicial authorization. There were reports of theft 
by national security forces while they conducted raids and searched 
homes. Specifically, in April coalition military commanders in Kandahar 
stated that when local forces were put in charge of house searches, 
looting sometimes occurred. UNAMA reported community members alleged 
theft of possessions during home searches the military conducted. UNAMA 
also reported searches by members of the military or security officials 
involved conduct toward women that contravened local customs and 
angered local communities.
    The law provided for wiretapping in certain cases.
    The Government's willingness to recognize the right to marry varied 
according to nationality, gender, and religion. The family court could 
register a marriage between a Jewish or Christian woman and a Muslim 
man, but the court required the couple to accept a Muslim ceremony. A 
woman of any other faith had to convert to Islam before marrying a 
Muslim man. The court could not register a marriage between a Muslim 
woman and a non-Muslim man. The court could not register marriages for 
citizens who stated they were not Muslim, even if they were born into 
other faiths. During the year these situations rarely occurred, as more 
than 99 percent of the population was Muslim.
    There were reports that officials arrested and sentenced 
individuals, often women, for crimes other family members committed.
    In the south and east, Taliban and other anti-government elements 
frequently forced locals to provide food and shelter to their fighters. 
Taliban also continued to loot schools, radio stations, and government 
offices.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Ongoing internal conflict and the continued use of excessive force 
caused civilian deaths, abductions, prisoner abuse, property damage, 
and the displacement of residents.

    Killings.--In late October in Paktya province AIHRC reported Afghan 
police were escorting a convoy when a roadside bomb exploded. Two ANP 
allegedly exited their vehicles and started shooting indiscriminately, 
killing an elderly male bystander.
    Persistent Taliban and al-Qa'ida activity, inter-factional fighting 
between regional warlords, and criminal activity resulted in unlawful 
killings and numerous civilian casualties.
    Militants targeted and killed foreigners and local NGO employees. 
UNAMA reported during the year anti-government forces killed 1,160 
civilians, pro-government forces killed 828 civilians, and unknown 
actors killed 130 civilians, for a total of 2,118 civilian casualties. 
Militant suicide attacks decreased slightly, with 138 suicide attacks 
during the year, compared to 143 suicide attacks in 2007. According to 
UNAMA, suicide attacks and improvised explosive devices, which the 
armed opposition used extensively, were the cause of 725 civilian 
deaths, or 34 percent of the overall total number of civilians killed 
during the year. UNAMA recorded 271 summary executions carried out by 
the Taliban and their allies during the year.
    Insurgents targeted national and government officials, as well as 
women working in the Government and other high profile positions, but 
the majority of victims were civilians. Attacks against noncombatants 
(government officials, civilians, religious figures, teachers, and 
students) remained a threat, with 664 in 2006, 671 in 2007, and 910 
during the year. ISAF reported 76 percent of all suicide bombings 
during the year targeted international and local security forces, but 
the overwhelming majority of victims were civilians.
    Insurgents targeted and killed approximately 15 government 
officials during the year, including the governors of Logar and Zabul 
Provinces, the top judge in the counternarcotics court, and a Kandahar 
Provincial Council member. MOI reported 883 Afghan National police were 
killed during the year.
    On January 14, a suicide bombing and armed attack on the Serena 
Hotel in Kabul killed six civilians. Taliban claimed responsibility in 
what the press characterized as an extremely well-executed attack and 
an example of the insurgency's increased tendency to target civilians.
    On February 17, a bomb killed more than 100 persons, including 
local police chief Abdul Hakim, gathered to watch a dog fight outside 
of Kandahar.
    On July 14, Taliban shot and killed seven civilians for working 
with the Government and other organizations in Zabul Province, 
according to police reports.
    On October 16, Taliban insurgents killed 30 persons travelling by 
bus through Kandahar province. According to local authorities the 
Taliban claimed the victims were soldiers. However, the authorities 
denied any soldiers were on the bus.
    On October 20, two men on motorcycles shot and killed a British aid 
worker as she walked to work in western Kabul. According to media 
reports, the Taliban claimed responsibility for her killing.
    During the year, anti-government elements continued to attack pro-
government religious leaders. The Taliban killed at least 10 clerics 
and committed a number of acts of violence inside mosques and other 
religious facilities. On January 31, a suicide bomber blew himself up 
inside a mosque in Helmand, killing the province's deputy governor and 
five other persons, media outlets reported. On November 14, Taliban 
killed a religious leader in Farah Province days after he led prayers 
condemning suicide attacks.
    The Ministry of Education (MOE) reported terrorist and insurgent 
attacks killed 149 teachers, other school employees, and students 
during the year. On May 14, according to media reports, unidentified 
gunmen shot and killed a teacher in Kunduz Province who had publicly 
condemned suicide bombings. On June 9, unidentified gunmen shot and 
killed a teacher and wounded his daughter in Nangarhar Province. 
Investigations occurred in some cases, but the outcomes were unclear at 
year's end.

    Abductions.--UNAMA reported 260 abductions during the year, at 
least 40 of which resulted in the death of the hostage; however, the 
unreported number was believed to be much higher. The Afghanistan 
International Chamber of Commerce reported insurgents and others 
kidnapped 173 businesspersons during the past three years. UNAMA 
reported insurgents and others kidnapped 141 aid workers during the 
year, including 134 Afghans and seven international staff. UNAMA also 
reported insurgents and criminal gangs killed 38 aid workers and looted 
70 aid convoys during the year. Taliban, militants, tribal leaders, and 
insurgents abducted security forces, civilians, and journalists for 
political and financial gain. Many abductees were killed but some were 
allowed to live if they vowed to resign, join anti-government elements, 
or, in the case of journalists, stop reporting on issues objectionable 
to the kidnappers.
    On August 18, Ariana TV reported nine armed gunmen kidnapped and 
raped a 13-year-old girl in Takhar Province. Media reports alleged four 
of the men were police officers. Takhar police officials confirmed the 
incident occurred and arrested six persons.
    On August 25, unknown actors kidnapped Saleh Mohammad Kohsar, the 
head of a pro-government local radio station in Paktika province. An 
investigation was ongoing at year's end.
    On August 26, unknown assailants abducted and killed a Japanese aid 
worker in Nangarhar province.
    On October 20, gang members kidnapped Humayun Shah Asifi, a 
relative of the late King Zahir Shah, and imprisoned him for more than 
a week. The kidnappers demanded $5 million ransom and threatened to cut 
off Asifi's fingers. Security officials arrested six suspects, and the 
investigation was ongoing at year's end.

    Physical Abuse, Punishment, and Torture.--Landmines and unexploded 
ordnance caused deaths and injuries, restricted areas available for 
cultivation, and impeded the return of refugees to mine-affected 
regions. The most heavily mined areas were the provinces bordering Iran 
and Pakistan. The UN Mine Action Center for Afghanistan (UNMACA) 
reported landmines and unexploded ordnance killed or injured an average 
of 57 persons each month. Mine explosions during the past two decades 
affected 4.2 million with an estimated 1.5 million casualties.
    The UN, with funding from international donors, organized and 
trained mine detection and clearance teams that operated throughout the 
country. UN agencies and NGOs conducted educational programs and mine 
awareness campaigns for women and children in various parts of the 
country. HALO Trust, an anti-mine NGO, cleared 1.14 billion square feet 
of land. There were almost 83.74 billion square feet of uncleared land 
remaining at year's end, according to UNMACA.
    During the year, there were reports of the Government providing 
compensation to civilian victims of fighting between the Government and 
Taliban.

    Child Soldiers.--The legal recruitment age for members of the armed 
forces was 18. There were unconfirmed reports of children younger than 
18 falsifying their identification records to join the national 
security forces, which offered a large-scale source of new employment 
opportunities. There were no reports of forced child conscription by 
the Government; however, Integrated Regional Information Networks 
(IRIN), the AIHRC, and the UN reported children younger than 18 were 
being recruited and in some cases sexually abused by the ANP and 
government-supported local militias. A November 10 UN Security Council 
report detailed a case where two soldiers sexually abused a 16-year-old 
who had falsified an identity document and had been recruited by the 
ANA.
    There were reports of Taliban forces using children younger than 18 
in some cases as suicide bombers. Although most of the children were 
between 15 and 16 years old, children as young as 12 were used. UNAMA 
reported Taliban tricked, promised money, or forced the children to 
become suicide bombers.
    Warlords and Taliban leaders were reported to be involved in the 
sexual exploitation of young men. Rule 19 of the Taliban Rule Book, 
updated in 2006, states, ``Mujaheddin are not allowed to take young 
boys with no facial hair onto the battlefield or into their private 
quarters,'' implying sexual exploitation of young men had occurred.
    Beginning in 2004 an estimated 8,000 former child soldiers were 
demobilized under a UNICEF-initiated program. Since 2004, more than 
15,000 children affected by war have been supported through UNICEF's 
reintegration project in 28 provinces.

    Other Conflict-Related Abuses.--As in the previous year, suspected 
Taliban members fired on NGO vehicles and attacked NGO offices. 
Violence and instability hampered relief and reconstruction efforts. In 
a study of 25 provinces, the NGO Safety Office reported 117 security 
incidents involving NGOs and aid workers between January 1 and August 
31. International Rescue Committee, an international NGO that assists 
refugees, suspended operations for six weeks after armed men killed 
four of its staff in Logar Province on August 13. NGOs reported 
insurgents, locally powerful individuals, and militia leaders demanded 
bribes to allow them to bring relief supplies into the country. 
Assistance efforts were limited by the difficulties in moving relief 
goods overland due to insurgent threat. On September 14, a suicide 
bomber killed three UN workers who were part of a medical convoy in 
Kandahar. There were reports in Kandahar that anti-government forces 
attacked those who accepted foreign assistance, causing villagers to 
refuse aid. Due to the increasing violence, the UN considered more than 
one-third of the country inaccessible.
    As in recent years, Taliban distributed threatening letters at 
night in villages and sent threatening text messages to intimidate and 
attempt to curtail development activities.
    On July 26, Taliban allegedly destroyed a major bridge on the 
Kabul-Kandahar highway, media outlets reported. On July 29, the 
Ministry of Defense reported Taliban had tried to destroy a major 
hydroelectric power plant east of Kabul but national forces stopped 
them.
    Militants used women and children as human shields either by 
forcing them into the line of fire or by basing operations in civilian 
settings. A September 8 report by Human Rights Watch documented how 
insurgent forces have contributed to the civilian toll from airstrikes 
by deploying their forces in populated villages, at times with the 
specific intent to shield their forces from counterattack.
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, there were instances of insurgents, 
government officials, and Taliban intimidating journalists in order to 
influence reporting.
    Some media observers contended individuals could not criticize the 
Government publicly or privately without fear of reprisal.
    In 2007 the parliament voted to suspend MP Malalai Joya for the 
remainder of her term for comments she had made criticizing her fellow 
MPs during a televised interview. She remained suspended at year's end. 
Other members of parliament expressed criticism of government policies 
without incident.
    The independent media were active and reflected differing political 
views. Approximately 650 print publications, 55 private radio stations, 
15 television networks, and 10 news agencies operated during the year. 
There were 150 private printing houses and 145 media and film 
production companies across the country. The two largest TV stations 
are Tolo TV, part of the Moby Media conglomerate, which has a 60 
percent market share and Ariana TV, which has a 35 percent market 
share. The Government owns at least 35 publications and about the same 
number of radio stations. Under a new media law parliament passed in 
September, the Government gave some independence to Radio Television 
Afghanistan (RTA), the government-run media outlet.
    Although some independent journalists and writers published 
magazines and newsletters, circulation largely was confined to Kabul, 
and many publications were self-censored. The freedom of speech law 
covered foreign media; however, they were restricted from commenting 
negatively on Islam and from publishing materials considered a threat 
to the President.
    During the year, various insurgents, government officials, and 
Taliban subjected members of the press to harassment, intimidation, and 
violence. According to independent media and observers, government 
repression and armed groups prevented the media from operating freely. 
Threatening calls and messages against media organizations also 
remained common and some resulted in violence. In late summer, several 
Kabul-based staff members of Radio Azadi, the local Radio Free Europe/ 
Radio Liberty affiliate, received a series of threatening phone calls 
from callers who claimed to be connected to Taliban. In August in 
Kandahar, a female news anchor for a local television station left the 
province after she received threatening letters about her work. NDS 
agents detained numerous journalists for expressing views critical of 
government officials. According to Nai Media, the Government was 
responsible for at least 23 of the 45 reported incidents of 
intimidation, violence, or arrest of journalists between May 2007 and 
May 2008.
    According to many media sources, private Iranians actively 
influenced Afghan media, dictating what to write and what not to write. 
Some media sources reported Iran had influence over 60 to 70 percent of 
the Afghan media in the country, and at least two private television 
stations based in Kabul were allegedly bankrolled by private Iranians. 
Some reporters said Iranian Embassy staff in Kabul called them to 
prevent the publication of articles criticizing Iran. There were also 
rumors that Iran paid secret salaries to a number of Afghan 
journalists, in Kabul as well as in the western provinces, and 
allegations that Iran intimidated reporters in the western provinces to 
increase the number of anti-government reports and decrease the number 
of anti-Iranian articles. Media sources and analysts contended many of 
the other private television stations and newspapers were bankrolled 
by, and produced content loyal to, various political factions, leaders, 
and warlords.
    On July 28, the NDS arrested Muhammed Naseer Fayez, news anchor and 
host of the political program ``Haqeeqat'' (The Truth) broadcast on 
Ariana Television. Immediately after the NDS detained Fayez, the 
parliament issued a public statement condemning his detention and 
demanding his release. He was released after several days of 
questioning and stated the NDS told him to stop working in the media. 
Although the program remained on the air, Fayez has not returned to the 
show and media sources report he was seeking asylum outside the 
country.
    In 2006 authorities for the Office of the Attorney General detained 
satirist Dr. Khalil Narmgoi after he authored an article titled, ``Who 
is the President-Hamid Karzai or Farooq Wardak?'' criticizing the 
influence of President Karzai's then-Minister of Parliamentary Affairs. 
Narmgoi issued a public apology several days later, and authorities 
released him after 10 days. On June 20, NDS authorities rearrested 
Narmgoi in relation to the same incident. After a closed-door hearing 
in Kabul, authorities released Narmgoi on July 10.
    In October 2007, police arrested Sayed Perwiz Kambakhsh, a student 
at Balkh University and a journalist for Jahan-e Naw (New World) daily, 
after he downloaded and distributed information from the Internet 
regarding the role of women in Islamic societies. On January 22, Balkh 
primary court sentenced Kambakhsh to death for ``insolence to the Holy 
Prophet.'' Kambakhsh appealed, and the Supreme Court transferred the 
case to a Kabul appeals court. On October 21, the appeals court 
commuted Kambakhsh's death sentence to 20 years in prison. Kambakhsh 
appealed to the Supreme Court, and he remained incarcerated at year's 
end.
    The parliament passed a media law in September that contained a 
number of content restrictions. Under Article 45 of the law, the 
following are prohibited: works and materials that are contrary to the 
principles of Islam; works and materials offensive to other religions 
and sects; works and materials humiliating and offensive to real or 
legal persons; works and materials considered libelous to real and 
legal persons and that may cause damage to their personality and 
credibility, works and materials affecting the stability, national 
security, and territorial integrity of the country; false literary 
works, materials and reports disrupting the public's mind; propagation 
of religions other than Islam; disclosure of identity and pictures of 
victims of violence and rape in a manner that damages their social 
prestige, and articles and topics that harm the physical, spiritual, 
and moral well-being of people, especially children and adolescents.
    Also under the new media law, new newspapers, printers, and 
electronic media must be licensed by and registered with the Ministry 
of Information and Culture. There was concern within the media 
community that the new law would place greater restrictions on media 
content and create an overall climate of government intimidation and 
self-censorship. The Government strictly regulated and limited foreign 
investment in the media.
    The Ministry of Information and Culture and some provincial 
governors exercised control over news content to varying degrees during 
the year. Factional authorities tightly controlled media in some parts 
of the country. Observers noted tighter controls, especially in the 
larger provinces of Balkh, Kandahar, Herat, and Nangarhar. Male 
journalists were not allowed to interview women for their reports. 
Journalists reported many reporters exercised self-censorship by not 
asking substantive questions of government officials. Members of the 
media reported they did not interview Taliban commanders or leaders due 
to government pressure. Observers also reported media self-censorship 
when broadcasting certain pieces, such as music videos, by obscuring 
parts of female images.
    The Ministry of Information and Culture ordered four private 
television stations to stop broadcasting Indian soap operas by April 
15. Several initially complied with the ban, but at the end of the year 
three of the four were again broadcasting the shows. In the case of one 
station, Tolo TV, the outlet reached a separate arrangement with the 
Ulema Council, the country's highest quasi-governmental religious 
authority, which allowed Tolo to broadcast Indian soap operas provided 
Tolo also dedicated a specific amount of airtime to religious 
programming.
    Cumbersome licensing procedures restricted operations of publishing 
houses.
    Nongovernmental actors also interfered in the operations of 
journalists. There were allegations private Iranians bribed and 
threatened reporters in the western provinces to increase the number of 
anti-government reports and decrease the number of anti-Iranian 
articles.
    At least two journalists were killed during the year. On June 8, 
BBC journalist Abdul Samad Rohani was found dead in Helmand province 
several days after insurgents had kidnapped him. Although government 
officials alleged Taliban killed him, Taliban spokesman Qari Yusuf 
Ahmad denied any involvement in his death. A Norwegian journalist was 
among the eight victims of the January 15 Serena Hotel suicide attack. 
In April 2007 Taliban beheaded journalist Ajmal Naqshbandi in Helmand 
Province. He had been abducted the previous month, with Italian 
journalist Daniele Mastrogiacomo and their driver, Sayed Agha. After a 
personal appeal by the Italian prime minister to President Karzai, 
Mastrogiacomo was released on March 19 in exchange for Taliban 
prisoners. In June 2007 Shakiba Sanga Amaj, a female reporter for 
Shamshad Television, was killed. Authorities arrested two men, Arash 
Khairzad and Amaj's father. A court sentenced Khairzad to six months' 
imprisonment, and he has been released. The court acquitted Amaj's 
father, and he has left the country. Also in June Zakia Zaki, head of 
the local Radio Peace station, was killed in Parwan Province. Zaki had 
been critical of local warlords and had received threats. Authorities 
arrested six persons, but subsequently released them after a 
preliminary investigation. There were no new developments at year's 
end.
    Many journalists reported receiving threats of harm from the 
Taliban if they did not publish stories released on Taliban Web sites 
or if they published stories favorable to the Government.
    The President of the Afghan Independent Journalists Union reported 
several times a week throughout the year members of Islamic 
fundamentalist political parties sent him threatening text messages 
telling him to stop supporting media freedom.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports 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 messages. 
However, Sayed Perwiz Kambakhsh's case involved government sanction 
against distributing information he downloaded from the Internet. 
Internet access was unavailable to most citizens, and computer literacy 
and ownership rates were minuscule.

    Academic Freedom and Cultural Events.--Through appointment of 
university officials and censoring and restriction on course content it 
deemed un-Islamic, the Government restricted academic freedom.
    The Ministry of Information and Culture banned the showing of 
certain films including ``The Kite Runner,'' media outlets reported.
    Ten MPs drafted and attempted to introduce a bill that would ban 
obscene movies, female dancers, high-volume music at parties, and the 
wearing of shorts. The proposed bill also sought to ban training for 
certain women artists such as dancers. By year's end the parliament had 
not taken any further action on the bill.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
provides for freedom of assembly and association; however, security 
conditions and, in some cases, local officials restricted this right in 
practice. Increased Taliban and other anti-government activity, 
particularly in the south and east, forced UN agencies and NGOs to 
cancel or curtail some public activities.

    Freedom of Assembly.--A lack of physical security as well as 
interference from local authorities and security forces inhibited 
freedom of assembly in areas of the country where security was poor. In 
other areas protests occurred without government interference. On March 
2, approximately 1,000 individuals in Mazar-e-Sharif protested a 
controversial Danish cartoon of the Prophet Mohammed and plans by a 
right-wing Dutch politician to release a film about Islam. On March 9, 
thousands in Herat protested the Danish cartoon. Media reports 
indicated the protesters had the support of local authorities. Police 
provided security but did not interfere with the protest. On May 23, 
ANP killed two civilians and injured seven during a protest in Ghor 
Province.
    There were no developments in the May 2007 killing of 10 protestors 
by police in Jowzjan Province.

    Freedom of Association.--The law on political parties obliges 
parties to register with the MOJ and requires them to pursue objectives 
consistent with Islam. Political parties based on ethnicity, language, 
Islamic school of thought, and religion were not allowed. At year's end 
there were approximately 100 registered political parties. Parties 
generally were able to conduct activities throughout the country 
without opposition or hindrance, except in regions where anti-
government violence affected overall security.

    c. Freedom of Religion.--The constitution proclaims Islam is the 
``religion of the state'' but allows non-Muslim citizens the freedom to 
perform their rituals within the limits determined by laws for public 
decency and peace. This right was not respected in practice. The 
constitution also declares no law can be contrary to the beliefs and 
provisions of Islam. For matters on which the constitution and penal 
code are silent-such as conversion and blasphemy-the courts defer to 
Shari'a. Family courts are governed by a Sunni Hanafi school-based 
civil code, regardless of whether the parties involved are Shi'a or 
Sunni. This civil code also applies to non-Muslims.
    Licensing and registration of religious groups is not required; the 
Government assumes all native-born citizens to be Muslim. In practice 
non-Muslims faced harassment and social persecution and opted to 
practice their faith discreetly. According to Islamic law, conversion 
from Islam is punishable by death. In recent years this sentence was 
not carried out in practice. In May 2007 the General Directorate of 
Fatwas and Accounts under the Supreme Court issued a ruling on the 
status of the Baha'i faith, declaring it a form of blasphemy. The 
ruling also declared all Muslims who convert to Baha'i to be apostates 
and all followers of the Baha'i faith to be infidels.
    In November 2007, the National Council of Religious Scholars issued 
a declaration calling for moderation in freedom of expression and press 
freedom by urging individuals to avoid conduct that may be perceived as 
insulting to local traditions and religious values.
    On September 11, a Kabul court sentenced former journalist Ahmed 
Ghous Zalmai and Mullah Qari Mushtaq to 20 years in prison for 
publishing a Dari translation of the Koran that allegedly contained 
errors and did not have an Arabic version published alongside the Dari 
for comparison. Zalmai and Mushtaq appealed their sentences to the 
Kabul Public Security Court. Proceedings were ongoing at year's end. 
Demonstrations calling for Zalmai's punishment were held in various 
towns, including a gathering in November 2007 in Jalalabad of 
reportedly more than 1,000 university students who demanded the death 
penalty for Zalmai.
    Due to societal pressure, Christians were forced to remain 
underground, not openly practicing their religion or revealing their 
identity. During the year there were sporadic reports of harassment and 
threats against Christians. There was only one known Christian church 
in the country, located in the diplomatic quarter. Local nationals 
wishing to practice Christianity did so in private locations, as the 
church was not open to them. Members of the Government called for the 
execution of Christian converts.
    Public school curricula continued to include Islamic content but no 
content from other religious groups. Non-Muslims were not required to 
study Islam, and there were no restrictions on parental religious 
teaching. Members of some indigenous minority groups, such as Sikhs, 
operated private schools to avoid harassment and to provide religious 
and cultural education to their community. In July 2007 the MOE opened 
a school for local Sikh and Hindu children in Ghazni Province.
    There are no laws forbidding proselytizing, although authorities 
viewed proselytizing as contrary to the beliefs of Islam, and 
authorities could punish blasphemy and apostasy with death under 
Shari'a. Foreigners caught proselytizing were arrested and sometimes 
deported.
    The Government did not require women to wear burqas. Although some 
women continued to wear the burqa out of personal choice, many other 
women felt compelled to wear one due to societal or familial pressure. 
Cases of local authorities policing aspects of women's appearance to 
conform to a conservative interpretation of Islam did occur.
    During the year anti-government elements continued to attack pro-
government religious leaders for supporting the Government or for 
stating activities conducted by terrorist organizations were against 
the tenets of Islam. According to media reports, on March 12, armed 
Taliban killed a religious scholar and teacher of religious studies of 
a religious school, Mowlawi Abdollah, in Nimroz Province. Anti-
government elements killed two clerics; 11 clerics had been killed in 
2007. These attacks also injured more than 20 other religious 
officials, compared with more than 30 in 2007.

    Societal Abuses and Discrimination.--Since Shi'a representation has 
increased in government, there has been a decrease in hostility from 
Sunnis. However, social discrimination against Shi'a Hazaras continued.
    There were approximately 500 Sikhs and Hindus in the country. 
Although those communities were allowed to practice their faith 
publicly, they reportedly continued to face discrimination, including 
intimidation; discrimination when seeking government jobs; and verbal 
and physical abuse in public places. Although community representatives 
expressed concerns over land disputes, they often chose not to pursue 
restitution through the courts for fear of retaliation, particularly 
when powerful local leaders occupied their property. The Government 
allocated a plot of land in Kabul for Sikhs to hold funerals.
    Non-Muslims faced discrimination in schools. The AIHRC continued to 
receive reports students belonging to the Sikh and Hindu faiths were 
prevented from enrolling in some schools and others stopped attending 
due to harassment from both teachers and students. Hindus and Sikhs had 
recourse to dispute resolution mechanisms such as the Special Land and 
Property Court, but in practice the community felt unprotected. 
Although Hindus reported being harassed by neighbors in their 
communities, there were no known reports of discrimination against 
Hindus by the Government.
    There were no reports of anti-Semitic acts. There was only one 
known Jewish resident; he was the caretaker of a Kabul 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 law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation; however, certain laws limited citizens' movement, and the 
Government limited citizens' movement due to security interests. The 
greatest restriction to movement in some parts of the country was the 
lack of security. In many areas insurgent violence, banditry, and 
landmines made travel extremely dangerous, especially at night. 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. In 2007, the parliament amended the passport law to 
give women the right to apply for a passport without permission from a 
male relative. In some areas of the country, however, local custom or 
tradition forbids women from leaving the home except in the company of 
a male relative.
    Taxi, truck, and bus drivers reported security forces and armed 
militants operated illegal checkpoints and extorted money and goods. 
The number of such checkpoints increased at night, especially in the 
border provinces. Residents reported having to pay bribes to ANP and 
border police officials at checkpoints and the Khyber pass border 
crossing between Jalalabad and Pakistan. Taliban imposed nightly 
curfews on the local populace in regions where it exercised authority, 
mostly in the southeast.
    In July 2007, the MOI issued an order requesting it be informed of 
foreign aid and assistance workers' movements outside Kabul. The MOI 
maintained that this policy helped the Government protect and locate 
foreigners in cases of emergency. The policy remained in place at 
year's end.
    In September, members of parliament accused the ministries of 
defense and finance of corruption in connection with passport 
processing. At year's end there was no result of the investigation. 
Ethnic Hazaras reported occasionally being asked to pay additional 
bribes at border crossings where Pashtuns were allowed to pass freely.
    The law prohibits forced exile, and the Government generally did 
not use it in practice.
    According to the AIHRC, female residents deported from Iran remain 
in government custody until their family can verify or guarantee their 
citizenship.

    Internally Displaced Persons (IDPs).--Authorities estimated there 
were more than 200,000 IDPs in the country at year's end. Many of these 
were members of the residual caseload of more than one million IDPs who 
left their places of origin because of drought in 1995, insecurity and 
drought in 2002, and human rights violations and ethnic-based conflict 
linked to land and property matters between 2003 and 2004. These 
individuals resided in camp-like circumstances. Most are in the south, 
but officially organized as well as spontaneous settlements have sprung 
up on the outskirts of major cities, including Kabul, Herat, and 
Jalalabad.
    Authorities estimated approximately 44,600 individuals were newly 
displaced within the country during the year, including some 10,000 
individuals due to insecurity and violence linked to armed conflict in 
their region of origin, approximately 6,600 persons newly affected by 
drought, and more than 28,000 returnees from Pakistan who have been 
unable to return to their places of origin and have settled temporarily 
in camp-like situations in the Eastern region. Most of these 
individuals originated from provinces in the south (Kandahar, Helmand, 
Uruzgan, and Zabul) and west (Herat and Badghis). Local governments 
provided housing assistance and, in some cases, food aid to conflict-
affected IDPs through provincial emergency commissions consisting of 
the Ministry of Rural Rehabilitation and Development, Afghan Red 
Crescent Society, UNHCR, the International Organization for Migration, 
UNAMA, and UNICEF. UNAMA reported restricted access due to insecurity 
limited efforts to assess the numbers of displaced persons and made it 
difficult to provide assistance.
    In April, the Government launched a campaign to encourage 
approximately 200,000 IDPs to return to their place of origin from the 
three largest IDP camps in Kandahar, Helmand, and Herat. The Ministry 
of Refugees and Repatriation (MoRR) offered food and transport 
assistance to families that agreed to return within the first two 
months of the campaign. UNHCR provided transport assistance, tents, and 
food aid. Few IDPs accepted this offer, however, citing security and 
economic concerns as reasons not to return. A Ministry of Public Health 
(MoPH) official stated MoPH would not send health workers to the camp, 
citing continuing security concerns. In one instance in 2007, emergency 
assistance delivered by a PRT to a group of IDPs in Kandahar Province 
to which aid agencies had little or no access was seized by anti-
government elements immediately after the PRT left the area. The UN 
reported underage recruitment of IDPs into the armed services in 
Helmand and Kandahar occurred during the year.
    Since 2002, the Provincial Departments of Refugees and Repatriation 
and UNHCR have assisted approximately 489,000 individuals to return to 
their places of origin, mostly in the north. Approximately 450,000 IDPs 
returned spontaneously.
    In June, approximately 7,000 families fled their homes in the 
Arghandab district of Kandahar due to military operations in the area. 
Also in June fighting in Bamyan between Kuchis and Hazaras displaced 
7,000 families, some to Kabul and some to other central highland areas. 
By year's end, most of these families had returned to their villages. 
In July approximately 150 families fled their homes in Qaisar district 
of Faryab province due to a conflict between anti-government elements 
and other residents.

    Protection of Refugees.--The constitution states all matters 
related to asylum would be regulated by law, and the Government 
ratified the 1951 Convention on the Status of Refugees and its 1967 
protocol. There are, however, no laws providing for granting asylum or 
refugee status in accordance with the constitution or the 1951 
Convention and its 1967 protocol. The Government has not established a 
system for providing protection to refugees.
    Although the Government did not officially 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 accepted the UNHCR's 
presence in the country and recognized the UNHCR's mandate to deal with 
both refugees and asylum. The UNHCR issued letters to individuals 
confirming their refugee or asylum status and the Supreme Court 
similarly recognized refugees under the Shari'a, such as converts to 
Islam. Through these means, the UNHCR and the Government provided legal 
and material assistance to asylum seekers and refugees from Iran, Iraq, 
and other countries.
    From August to October, approximately 4,000 families fled from 
Bajaur tribal agency in Pakistan to Kunar Province, Afghanistan. Some 
fled to escape Pakistani military operations against insurgents and 
some in response to an October order by the Political Agent in Bajaur 
Agency ordering all Afghans to leave. The Kunar Provincial Government 
estimated one-third of those who crossed the border were Afghans, and 
two-thirds were Pakistani. Most sought shelter in the homes of 
relatives in Kunar.
    The country continued to focus on providing services for its own 
returning refugees. Since 2002, approximately five million refugees 
have voluntarily returned to the country, more than 4.3 million with 
UNHCR assistance.
    During the year, the UNHCR assisted more than 277,801 returning 
refugees, including 274,172 from Pakistan. A total of 3,188 documented 
Afghan refugees voluntarily returned from Iran with assistance from 
UNHCR, as of mid-November. The return numbers significantly decreased 
from the previous year's 365,000, largely due to the UNHCR's decision 
to offer unregistered Afghans living in Pakistan a one-time opportunity 
to repatriate with UNHCR assistance in 2007. During 2007 approximately 
206,000 unregistered individuals took advantage of this opportunity. 
Although fewer refugees returned to the country during the year than in 
2007, almost twice as many returned as in 2006.
    The continuing insurgency and related security concerns, as well as 
economic difficulties, discouraged numerous refugees from returning to 
the country. In Pakistan, three of the four Afghan refugee camps 
scheduled for closure during the year remained open. Minister of 
Refugees and Returnees Shir Mohammad Etibari publicly rejected UNHCR's 
calls to boost the repatriation of Afghan refugees, citing lack of 
capacity and resources to absorb more needy citizens. During the August 
30 Tripartite Meeting among Afghanistan, Pakistan, and UNHCR, Pakistan 
abandoned its unilateral December 31, 2009, deadline to repatriate all 
Afghan refugees.
    The UNHCR estimated approximately 2.6 million refugees were living 
in Iran and Pakistan. Iran continued to deport economic migrants. 
During the year, Iran deported more than 403,450 Afghans who were 
illegally in Iran. The vast majority were single men seeking work. Some 
were vulnerable individuals who needed humanitarian assistance upon 
arrival in Afghanistan. Common types of extreme vulnerability, as 
defined by the UNHCR, were minors unaccompanied by adult family 
members, drug addiction, mental illness, and severe physical illness. 
Furthermore, a small number of registered refugees were swept up in the 
deportations and have had difficulty returning to Iran. The Afghan 
government and the UNHCR protested these expulsions.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in the 2004 
Presidential and 2005 parliamentary elections.

    Elections and Political Parties.--In 2004, citizens chose Hamid 
Karzai to be the first democratically elected President in an election 
that was perceived as acceptable to the majority of the country's 
citizens. Observers stated it did not meet international standards and 
noted irregularities, including pervasive intimidation of voters and 
candidates, especially women.
    In 2005 citizens elected 249 members of the Wolesi Jirga, the lower 
house of the National Assembly, in an election the majority of citizens 
viewed as credible. The AIHRC and UNAMA reported local officials tried 
to influence the outcome of the 2004 and 2005 elections. In 2005, anti-
government forces killed seven parliamentary candidates, two 
parliamentarians-elect, and at least four election workers. Militants 
targeted civilians and election officials in a campaign to derail 
national elections. According to Human Rights Watch, in the south and 
southwest anti-government forces drove down participation to nearly 
one-third of registered voters.
    On October 6, voter registration for the 2009 Presidential and 
provincial council elections and the 2010 parliamentary elections 
started under the direction of the Independent Election Commission.
    The President and provincial councils selected members of the 
Meshrano Jirga, the upper house of the National Assembly.
    There was no established tradition of political parties; however, 
they slowly grew in importance in the National Assembly. The MOJ 
recognized more than 100 accredited political parties. Political 
parties generally were able to conduct activities throughout the 
country, except in regions where anti-government violence affected 
overall security. Many tribal leaders, former mujaheddin leaders, and 
insurgents were active MPs. There were reports that some used fear and 
intimidation to influence the votes of other members. AIHRC and UNAMA 
reported officials sometimes interfered with political parties. The 
parties also exercised significant self-censorship. Political parties 
were visibly suppressed or curtailed in some parts of the country.
    Although women's political participation gained a degree of 
acceptance, there were elements that continued to resist this trend. 
Women active in public life faced disproportionate levels of threats 
and violence. As required by law, there were 68 women in the 249-seat 
Wolesi Jirga. President Karzai appointed 17 women to serve in the 102-
seat Meshrano Jirga, and an additional six female MPs were elected to 
that house, bringing the total to 23 women in the Meshrano Jirga. There 
was one woman in the cabinet. There were no women on the Supreme Court.
    There were no laws preventing minorities from participating in 
political life; however, different ethnic groups complained of not 
having equal access to local government jobs in provinces where they 
were in the minority. The law requires 10 seats of the Wolesi Jirga be 
allocated to Kuchis. Some members of parliament disagreed with this 
allotment arguing that under the constitution all groups were to be 
treated equally.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
always implement the law effectively, and officials frequently engaged 
in corrupt practices with impunity. In March, the UN Office on Drugs 
and Crime released a statement urging the Government to crack down on 
major smugglers-some linked to government officials-and stated drug 
lords and corrupt government officials operated with impunity. The 
Government took some steps to address corruption including becoming a 
state party to the UN Convention against Corruption, adopting new 
anticorruption legislation, and establishing a new anticorruption body. 
However, not all of these actions had been implemented by year's end. 
The Government hired two anticorruption unit employees in September and 
initiated training for the employees in November. The President 
replaced a cabinet minister, several governors, police chiefs, and 
other officials because of their corrupt practices.
    A lack of political accountability and technical capacity to 
monitor government spending exacerbated government corruption, as did 
low salaries. Observers alleged governors with reported involvement in 
the drug trade or past records of human rights violations nevertheless 
received executive appointments and served with relative impunity.
    The constitution provides citizens the right to access government 
information, except when access might violate the rights of others. The 
Government generally provided access in practice, but officials at the 
local level were less cooperative to requests for information. Lack of 
government capacity also severely restricted access to 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. Hundreds of local 
human rights NGOs operated independently and included groups focusing 
on women's rights, media freedom, and rights of disabled persons. 
Government officials were generally cooperative and responsive to the 
organizations' views. The lack of security and instability in parts of 
the country severely reduced NGO activities in these areas.
    Militant groups and Taliban directly targeted NGOs during the year. 
The Government cooperated with international governmental organizations 
and permitted them to visit the country.
    UN Rapporteur on Extrajudicial, Summary, and Arbitrary Execution 
Philip Alston visited the country in May and held extensive talks with 
commanders of international forces, government officials, tribal elders 
and other actors. He reported that insurgents had killed at least 300 
civilians and international forces had killed approximately 200 others 
as of his visit. The main themes of Alston's preliminary report 
included increasing the transparency of international military forces' 
investigations of collateral casualty incidents; increasing 
accountability of ``campaign forces'' responsible to intelligence 
agencies; reforming police and the judicial system; curbing Taliban and 
other anti-government elements' abuses; and addressing the often 
overlooked extrajudicial killing of women.
    Special Representative of the UN Secretary General for Children and 
Armed Conflict Radhika Coomaraswamy visited in June and July. She 
reported the number of children anti-government forces exploited for 
military purposes had increased during the previous few months; Taliban 
used children as ``suicide attackers,'' and the ANP and pro-government 
militias recruited children, who then were vulnerable to sexual abuse.
    The constitutionally mandated AIHRC continued to address human 
rights problems. The President appointed the nine-member commission, 
which generally acted independently of the Government, often voicing 
strong criticism of government institutions and actions, and accepting 
and investigating general complaints of human rights abuses. The AIHRC 
operated 12 offices outside Kabul. The AIHRC was reasonably influential 
in its ability to raise public awareness and shape national policy on 
human rights. In 2007 some MPs sought to review the law that defines 
the mandate of the AIHRC and proposed the AIHRC include religious 
scholars educated in Shari'a. No action was taken on the mandate of the 
AIHRC by year's end. In 2007 however, President Karzai appointed a 
religious scholar as a commissioner who continued in this role 
throughout the year. The Government did not fund the AIHRC, which 
continued to rely on international donors.
    In 2005 the Government developed the Action Plan for Peace, 
Justice, and Reconciliation (APPRJ), in coordination with the AIHRC and 
UNAMA. The plan included symbolic measures, such as the creation of 
national memorial sites and a national museum; institutional reform by 
vetting civil service employees for involvement in past atrocities, and 
reform of the judiciary; truth-seeking documentation of past 
atrocities; promotion of national reconciliation and unity through 
public debate and awareness; and establishment of accountability 
mechanisms to bring to justice those responsible for grave human rights 
abuses. A November 3 report by the International Center for 
Transitional Justice noted the Afghan government had shown little 
political will to promote transitional justice efforts. During the 
year, a committee on senior appointments reviewed nominees for certain 
senior-level positions, checking the candidates' backgrounds with 
several sources including the Disbandment of Illegal Armed Groups 
(DIAG) organization and the AIHRC before clearing the candidate for 
appointment. In 2007, both houses of the parliament, which included 
many human rights abusers, passed versions of an amnesty law that 
granted immunity to any citizens involved in the country's two and a 
half decades of conflict, provided those persons recognized the central 
government and the constitution. At year's end, President Karzai had 
not signed the law. The Government did not take any affirmative action 
in support of transitional justice.
    There are three parliamentary committees that deal with human 
rights in the Wolesi Jirga: the Gender, Civil Society, and Human Rights 
Committee; the Counternarcotics, Intoxicating Items, and Ethical Abuse 
Committee; and the Judicial, Administrative Reform, and Anticorruption 
Committee. In the Meshrano Jirga, the Committee for Gender and Civil 
Society addresses human rights concerns. During the year, these 
committees vetted several draft laws that went before the parliament 
and conducted confirmation hearings on several Presidential appointees.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination between citizens and 
provides for the equal rights of men and women; however, local customs 
and practices that discriminated against women prevailed in much of the 
country. Equal rights based on race, disability, language, or social 
status are not explicitly mentioned in the law. There were reports of 
discrimination based on race, ethnicity, religion, and gender.

    Women.--The law criminalizes rape, which is punishable by death, 
but under Shari'a, which the country's laws draw from and cannot 
conflict, the criminalization did not extend to spousal rape. Under 
Shari'a, a rape case requires a woman to produce multiple witnesses to 
the incident, while the man need simply claim it was consensual sex, 
often leading to an adultery conviction of the victim. Adultery is 
defined in the Penal Code and designated a crime; premarital sex is not 
designated a crime, but local officials often considered it a ``moral'' 
offense. While the MOI reported 226 cases of rape during the year; 
however, the actual number of cases generally was believed to be much 
higher. Of the reported cases, 28 were charges of rape against females 
and 198 were of rape against males. The MOI reported 172 arrests in 
connection with rape cases. Statistics on convictions were unavailable. 
Rapes were difficult to document due to social stigma. Female victims 
faced stringent societal reprisal from being deemed unfit for marriage 
to being imprisoned. According to NGOs jail authorities frequently 
raped women imprisoned overnight in jail.
    The Afghan penal code criminalizes assault, and courts entered 
judgments against domestic abusers under this provision. According to 
NGO reports, hundreds of thousands of women continued to suffer abuse 
at the hands of their husbands, fathers, brothers, armed individuals, 
parallel legal systems, and institutions of state such as the police 
and justice system. Many elements of society tolerated and practiced 
violence against women. A Kabul women's shelter reported receiving 50 
new cases of domestic violence victims a month from MOWA referrals. 
According to the shelter's report the weak economy and poor security 
contributed to the incidence of domestic violence. Authorities rarely 
prosecuted abusers and only occasionally investigated complaints of 
violent attacks, rape, or killings, or suicides of women. If cases came 
to court, the accused were often exonerated or punished lightly. The 
director of a women's shelter in Kabul noted domestic violence occurred 
in most homes but went largely unreported due to societal acceptance of 
the practice. Domestic violence usually consisted of beating women and 
children and, less often, burning women. During the year, the AIHRC 
initiated additional efforts to collect statistics on violence against 
women.
    There were at least 19 women's shelters across the country. The 
five shelters in Kabul were home to more than 100 women and girls. The 
Ministry of Women's Affairs (MOWA) and other agencies referred women to 
the centers, which were designed to give protection, accommodation, 
food, training, and healthcare to women escaping violence in the home 
or seeking legal support due to family feuds. According to the MOWA, as 
many as 20 women and girls were referred to the MOWA's legal department 
every day; however, space at the specialized shelters was limited. 
Women in need of shelter who could not find a place in the Kabul 
shelters often ended up in prison.
    The concept of women's shelters was not widely accepted in society, 
as many persons treated them with distrust and did not understand their 
utility. The director of one shelter stated she always referred to the 
location as a mediation center, as ``shelter'' was considered a 
negative word. Policewomen trained to help victims of domestic violence 
complained they were instructed not to do outreach to victims but 
simply to wait for victims to show up at police stations. This 
significantly hindered their work, as reporting domestic violence was 
not socially accepted. UNAMA reported police leadership often did not 
provide female officers with equipment or vehicles necessary to do 
outside investigations. A Herat-based NGO, however, reported recently 
graduated women police officers there were active in crime 
investigation including investigating cases of domestic violence. 
During the year, a local NGO conducted four domestic violence trainings 
for 240 ANP officers in Kabul, including those working in ANP Family 
Response Units. The Family Response Units are staffed primarily by 
female police officers and address violence and crimes against women, 
children, and families. They offer mediation and resources to prevent 
future instances of domestic violence.
    Women continued to face pervasive human rights violations and 
remained largely uninformed about their rights under the law. 
Discrimination was more acute in rural areas and small villages. Women 
in urban areas continued to make strides toward greater access to 
public life, education, health care, and employment; however, the 
denial of educational opportunities during the continuing insurgency, 
as well as limited employment possibilities and the threat of violence, 
continued to impede the ability of many women to improve their 
situation.
    Societal discrimination against women persisted, including domestic 
abuse, rape, forced marriages, exchange of girls to settle disputes, 
kidnappings, and honor killings. In some rural areas, particularly in 
the south, women were forbidden to leave the home except in the company 
of a male relative.
    In May, a man shot and killed his wife and another man with whom 
she had been seen in Pul-e-Khumri. On June 4, a man in Baghlan Province 
beheaded his bride three days after their wedding. According to the 
AIHRC, there were 2,558 cases of violence against women during the 
year. Although police, prosecutors, and judges discriminated against 
women in criminal and civil legal proceedings stemming from violence 
and forced marriages, increasing numbers of female attorneys 
successfully represented female clients in these types of cases in both 
formal courts and in traditional shura proceedings.
    The AIHRC estimated approximately 40 percent of marriages were 
forced, and distinguished this category from 20 percent of marriages 
that were ``arranged,'' the latter allowing the woman the choice to 
decline marriage but not to choose her spouse. During the year the 
AIHRC recorded 30 cases of women given to another family to settle 
disputes, although the practice is outlawed by Presidential decree. The 
unreported number was believed to be much higher.
    On June 8, a 20-year-old woman committed suicide in Kunduz Province 
because of a forced marriage to an old man, media outlets reported. 
According to a security commander, an investigation was under way at 
year's end.
    According to a report released during the year by Womankind, 87 
percent of women complained they were victims of violence, half of it 
sexual. According to the report, more than 60 percent of marriages were 
forced and, despite laws banning the practice, 57 percent of brides 
were under the legal marriage age of 16. The report stated many of 
these girls were offered as restitution for a crime or as debt 
settlement.
    Local officials occasionally imprisoned women at the request of 
family members for opposing the family's choice of a marriage partner 
or being charged with adultery or bigamy. Women also faced bigamy 
charges from husbands who had deserted them and then reappeared after 
the woman had remarried. Local officials imprisoned women in place of a 
family member who had committed a crime but could not be located. Some 
women resided in detention facilities because they had run away from 
home due to domestic violence or the prospect of forced marriage. 
Several girls between the ages of 17 and 21 remained detained in Pol-e-
Charkhi prison having been captured after fleeing abusive forced 
marriages.
    The AIHRC documented a total of 76 honor killings throughout the 
year; however, the unreported number was believed to be much higher. In 
September, according to a local NGO, an 18 year-old woman in Kapisa 
Province was killed by her brother because she had run away from a 
forced marriage. Reportedly, after the woman ran away to a Kabul 
women's shelter the Governor of Kapisa intervened in the case, 
sheltered her, and forced the woman's mother to return her to Kapisa, 
resulting in her death.
    Women occasionally resorted to self-immolation when they felt there 
was no escape from their situations. During the year the AIHRC 
documented 72 cases of self-immolation, in contrast to 110 cases in 
2007. Other organizations reported an overall increase during the past 
two years. According to the AIHRC, almost all the women had doused 
themselves with gasoline and set themselves alight. In Herat Province, 
during the first six months of the year, the Herat city hospital alone 
recorded 47 cases of self-immolation, of whom 40 died. There have also 
been reports of relatives setting women on fire to create the 
appearance of self-immolation.
    Women active in public life faced disproportionate levels of 
threats and violence. Supported by official government policy, women's 
political participation gained some acceptance, even as conservative 
elements and insurgents resisted the trend.
    Many female MPs reported death threats. Women were also the targets 
of Taliban and insurgent attacks.
    As in the past, insurgents issued night letters threatening women 
working for the Government, local NGOs, and foreign organizations. 
Women who received threats were often forced to move constantly to 
evade those harassing them.
    Prostitution was illegal but existed. Many observers, journalists, 
and international organizations also believed ``temporary marriages'' 
were a form of prostitution. Temporary marriages allowed for short-term 
marriage, lasting from one day to a few months, in exchange for a 
dowry. Several Chinese restaurants were believed to serve as fronts for 
brothels where prostitutes were solicited.
    There is no law specifically prohibiting sexual harassment.
    Women who reported cases of abuse or who sought legal redress for 
other matters reported pervasive discrimination within the judicial 
system. Local family and property law were not explicitly 
discriminatory toward women, but in parts of the country where courts 
were not functional or knowledge of the law was minimal, elders relied 
on Shari'a and tribal custom, which generally were discriminatory 
toward women. Most women reported limited access to justice in tribal 
shuras, where all presiding elders were men; women in some villages 
were not allowed any access for dispute resolution. Women's advocacy 
groups reported informal intervention from the Government through 
letters to local courts encouraging interpretations of the law more 
favorable to women.
    The Government and NGOs continued to promote women's rights and 
freedoms, but according to MOWA, women made up less than 25 percent of 
government employees. There were efforts to integrate gender units into 
several ministries. The foreign minister hired a woman as his chief of 
staff.
    The MOWA, the primary government agency responsible for addressing 
the needs of women, had provincial offices, but the organization 
suffered from a lack of capacity and resources. However, the provincial 
offices assisted hundreds of women by providing legal and family 
counseling and referring women they could not directly assist to 
relevant organizations.
    Informal social and familial pressure led the majority of women in 
rural areas to wear burqas, and most women, even in Kabul, wore head 
covering. In rural areas and villages made more accessible by new 
roads, formerly unveiled women donned burqas when they worked in the 
fields to avoid being seen by strangers.
    Some local authorities excluded women from all employment outside 
the home, apart from the traditional work of women in agriculture.

    Children.--The Government demonstrated a continuing commitment to 
address the concerns of vulnerable children and their families. In 2006 
the Government launched its National Strategy for Children at Risk 
(NSFCAR), which was designed by the Ministry of Work, Social Affairs, 
Martyred, and Disabled (MOWSAMD) to improve care for vulnerable 
children and families. In 2007, the Ministry of Public Health (MOPH) 
trained 500 health workers on prevention of child abuse and violence 
against children.
    The law makes education mandatory up to the secondary level and 
provides for free education up to the college level.
    In most of the country the enrollment of girls in schools may have 
increased, in some places significantly. However, nearly one-third of 
districts and several provinces had no schools for girls. Girls' 
enrollment was as low as 15 percent in some areas. Even in secure areas 
such as Kabul, where access to schools was not an issue, some male 
family members did not allow girls to attend school. In most regions 
boys and girls attended primary classes together but were separated for 
intermediate and high school-level education.
    Due to insecurity, inadequate facilities, severe shortage of female 
teachers, and lack of motivation to send girls to school, the status of 
girls and women in education remained a matter of concern. In some 
villages girls stopped attending school at the age of 12 or 13 because 
parents would not permit their teenage girls to be taught by adult men. 
The general lack of protection of schools from attacks and inadequate 
and distant facilities, resulted in lower enrollment and higher dropout 
rates among girls, as did early and forced marriages.
    Violence continued to impede access to education in some parts of 
the country where Taliban and other extremists threatened or attacked 
schools, officials, teachers, and students, especially in girls' 
schools. Where schools did remain open, parents were often afraid to 
send their children to school, particularly girls. The majority of 
school-related violence occurred in 11 provinces in the southern and 
border regions. The MOE reported more than 120 schools were attacked 
during the year and approximately 651 schools had been closed due to 
insecurity, preventing approximately 173,443 students from receiving an 
education than in the previous year. For example, in Helmand Province 
71,203 fewer students attended schools and more than 190 schools remain 
closed due to insecurity. UNICEF reported from January 2007 to June 
2008 there were 311 confirmed attacks on schools, resulting in 84 
deaths and 115 injuries to schoolchildren, teachers and other school 
employees. On November 12, in Kandahar, men threw acid in the face of 
female students outside a school. The Government promptly condemned 
this action and arrested 10 suspects in the case. Hundreds of schools 
in insecure areas have had to close, UNICEF reported.
    NGOs and aid agencies reported during the year insecurity, 
conservative attitudes, and poverty denied education to more than two 
million school-age children, mainly in the south and southeastern 
provinces.
    Child abuse was endemic throughout the country, ranging from 
general neglect, physical abuse, abandonment, and confinement to 
working to pay off family debts. The Ministry of Work and Social 
Affairs stated that child labor and police beatings frequently occurred 
and more than five million children lived in desperate need of 
humanitarian assistance. During the year drought and food shortages 
across the country forced many families to send their children onto the 
streets to beg for food and money. According to an AIHRC report during 
the year, police regularly beat children they took off the streets and 
incarcerated them. Detention centers for ``young offenders'' deprived 
children of the right to an education, the report stated. In a 
statement commenting on the AIHRC report, UNICEF reported a punitive 
and retributive approach to juvenile justice predominated throughout 
the country. Although it is against the law, corporal punishment in 
schools remained common.
    The legal age for marriage was 16 for girls and 18 for boys. 
International and local observers estimated 60 percent of girls were 
married before 16. There is no clear provision in the Criminal 
Procedure Law to penalize those who arrange forced or underage 
marriages. Article 99 of the Law on Marriage states marriage of a minor 
may be conducted by a guardian. In March 2007, the Supreme Court 
approved a new marriage contract stipulating the man needs to verify 
his bride is 16 years of age, and marriage certificates would not be 
issued for underage brides. According to local NGOs, legal proceedings 
based on this contract proceeded in Kabul. The proceedings often took 
longer than a week, and a local shelter housed numerous women during 
the course of these proceedings. The AIHRC estimated as many as 70 
percent of reported cases of domestic violence have roots in child 
marriage.
    Sexual abuse of children remained pervasive. During the year an 
AIHRC study found most child victims were abused by extended family 
members. A UNHCR report noted boys were also abused by tribal leaders. 
In 2008, the MOI recorded 36 cases of rape of young boys, following 
approximately 80 documented cases in 2007; the unreported number is 
believed to be much higher. According to the AIHRC, only 24 percent of 
child sexual abusers are incarcerated.
    According to MOI the number of reported sexual assaults on children 
in the north significantly increased during the year. UNAMA reported 80 
cases of rape of girls between ages 8 and 14 in Takhar province during 
the year. The AIHRC attributed the relatively high number of reported 
cases of rape in the north to greater insecurity inhibiting reporting 
in the south. Due to ongoing violence in many areas of the south, aid 
organizations and government agencies could not assist victims or 
investigate crimes to the same degree as in more secure northern 
provinces.
    On May 3, media outlets reported in Takhar Province a cousin and 
two of his friends suffocated and gang-raped an eight-year-old girl. 
MOI began a series of crackdowns including arresting a man in Mazar-e-
Sharif in August for sexually abusing a young boy in a videogame 
arcade. In August the AIHRC reported a group of men gang raped a three-
year-old girl in northern Jowzjan province. On September 25, Kabul 
police arrested seven persons for gang-raping a 12-year-old girl, media 
outlets reported. Legal proceedings in these cases were unresolved or 
ongoing at year's end.
    Displacement due to the conflict also affected children. NGOs 
estimated up to one-third of all refugees were children, and street 
children remained a problem in urban areas, although no reliable 
estimates were available. Street children had little to no access to 
government services, although several NGOs provided access to basic 
needs such as shelter and food.
    Living conditions for children in orphanages were unsatisfactory. 
Children reported mental, physical, and sexual abuse, were sometimes 
trafficked out of state-run orphanages, and did not always have access 
to running water, health services, recreational facilities, or 
education. In Badghis, Province an orphanage administrator raped and 
impregnated a 15-year-old girl, UNODC reported. Local authorities 
arrested the administrator, and the investigation continued at year's 
end.

    Trafficking in Persons.--A new law enacted on July 14 prohibits 
trafficking in persons. The law defines trafficking in persons as the 
transfer, transit, employing, keeping, and or giving a person in one's 
control for the purpose of exploitation or taking advantage of weak 
financial status or helplessness by spending or taking money or 
interest or other means of deception to gain the consent of the victim 
or the guardian of the victim. A trafficker is defined as someone who 
takes part in human trafficking in person or persuades, encourages, or 
provides facilities to others to commit human trafficking. The law also 
contains extensive provisions to protect victims of trafficking and to 
coordinate among government agencies involved in prosecution and 
protection efforts.
    The country is a source, transit point, and destination country for 
human trafficking. It is a source for women and children trafficked 
internally and to Iran, Pakistan, and Saudi Arabia for forced labor and 
commercial sexual exploitation. Children are trafficked internally for 
forced labor as beggars or for debt bondage in the brick kiln and 
carpet industries. Local women and girls are kidnapped, lured by 
fraudulent marriage or job proposals, or sold into marriage or 
commercial sexual exploitation within the country and elsewhere. IOM 
reported 14 cases of child trafficking during the year, although many 
believe this was a low estimate.
    By year's end, MOI had trained and deployed more than 10,000 Afghan 
Border Police to every border, including Kabul International Airport 
and land border crossing points, for immigration control. In March IOM 
and the ANP conducted training on investigation and prosecution of 
trafficking cases for all criminal investigations department (CID) 
heads. Immediately after the training, ANP created a counter-
trafficking unit (CTU) and staffed it with six IOM-trained officers 
dedicated to the investigation of trafficking cases. From March 2007 to 
March 2008, MOI handled 88 trafficking cases, made 134 arrests, and 
rescued 15 victims.
    The MOI, MOJ, and Supreme Court requested from IOM and scheduled 
training on the implementation of the law. The MOWA cooperated closely 
with NGOs that provide counseling and shelter to victims of domestic 
violence.
    The Government made modest improvements in its protection efforts. 
The Government cooperated with Saudi Arabia to repatriate children 
trafficked for forced begging. The MOWSAMD, with the assistance of 
UNICEF, set up a transit center to assist with these returns, and other 
agencies such as the AIHRC helped with the children's reunification and 
reintegration. The transit center remained in operation and also served 
to reintegrate children affected by the conflict.
    Selling of children increased in the north due to poverty. In 
January six children were sold in Balkh, Baghlan, Kunduz, and Takhar 
provinces, according to media reports.
    MOJ ran an Italian-supported juvenile rehabilitation center where 
minor victims of trafficking in need of shelter assistance were 
accommodated. NGOs operated shelters that provided medical, 
psychological, and legal counseling. Adult victims were sometimes 
jailed.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution prohibits any kind of 
discrimination against citizens and requires the state to assist 
persons with disabilities and protect their rights, including health 
care and financial protection. The constitution also requires the state 
to adopt necessary measures to reintegrate and ensure the active 
participation of persons with disabilities in society. The Government 
did not effectively enforce these protections. The Ministry of Urban 
Development and Housing built access ramps for persons with 
disabilities around the Kabul Municipality building and in all Kabul 
public bathrooms. In April, the Ministry of Work, Social Affairs, 
Martyrs, and Disabled (MOWSAMD) released the Afghanistan National 
Disability Plan 2008-2011 (ANDP), which aims to address the rights and 
needs of all persons with disabilities.
    According to the 2006 National Disability Survey, the country's 
population included 747,500 to 867,100 persons with severe 
disabilities, including 17 percent who had disabilities as a result of 
war and approximately seven percent as a result of landmines. More than 
72 percent of all persons with disabilities have not received any 
education, and fewer than 30 percent of persons with disabilities have 
jobs. Although community-based health and rehabilitation committees 
continued to provide services to approximately 100,000 persons, their 
activities were restricted to 60 of 330 districts. The MOWSAMD worked 
to coordinate and develop policy strategies that create employment 
opportunities, access to education, health care, and greater mobility 
for citizens with disabilities. During the year ministry services 
extended to only 16 of the 34 provinces. Groups advocating the rights 
of persons with disabilities repeatedly protested the inaction of the 
MOWSAMD.
    In the Meshrano Jirga two of the 34 seats appointed by the 
President were reserved for persons with disabilities.

    National/Racial/Ethnic Minorities.--On June 15, a violent clash 
between Hazaras and Kuchis in the Behsud District of Wardak province 
continued for several weeks. Kuchi representatives claimed Hazaras 
killed 30 Kuchis in the clash, but the AIHRC did not find evidence to 
support these claims. In an August 18 report, the AIHRC noted fighters 
killed 24 Hazara residents of the area during the conflict. The AIHRC 
also reported that as a result of the conflict, villagers evacuated 400 
villages, and fighters burned 79 houses, 10 shops, and three mosques. 
According to the AIHRC, the ANA response to the conflict was 
ineffective and failed to prevent an escalation of violence. The AIHRC 
reported ANP units were successful in preventing some violence and 
allowing some villagers to return to agricultural activities.
    In early September repatriated Pashtuns and other residents of 
Khowja Bahawodeen district of Takhar province clashed regarding the 
resettlement of the Pashtuns in the area. President Karzai sent a 
delegation to mediate. Some Pashtun members of parliament strongly 
criticized the behavior of the Takhar people and threatened that if the 
conflict continued, Pashtuns would attack minority ethnic groups living 
in Pashtun majority areas. The President dispatched ANA units to the 
area and their efforts combined with those of the Government mediators 
resulted in rapid cessation of violence.
    Claims of social discrimination against Hazaras and other Shi'as 
continued. The Hazaras accused President Karzai, a Pashtun, of 
providing preferential treatment to Pashtuns and of ignoring 
minorities, especially Hazaras.
    A 2006 UNHCR paper reported that although there were attempts to 
address the problems ethnic minorities faced and there were 
improvements in some areas, there was still a well-founded fear of 
persecution. Confiscation and illegal occupation of land by insurgents 
and tribal leaders caused displacement in isolated situations. Other 
forms of discrimination concerned access to education, political 
representation, and civil service employment. A 2006 UNHCR paper 
reported that although the Government attempted to address the problems 
faced by ethnic minorities and some areas improved, there was still a 
well-founded fear of persecution by tribal and insurgent leaders. 
Confiscation and illegal occupation of land by powerful individuals, in 
some cases tied to the insurgency, caused displacement in isolated 
situations. Discrimination, at times amounting to persecution, 
continued in some areas, in the form of extortion of money through 
illegal taxation, forced recruitment and forced labor, physical abuse 
and detention.
    According to the UNHCR report, although Ismailis (a minority Shi'a 
Muslim group who follow the Aga Khan) were not generally targeted or 
seriously discriminated against, they continued to be exposed to risks.

    Other Societal Abuses and Discrimination.--The law criminalizes 
homosexual activity; however, the authorities only sporadically 
enforced the prohibition.
Section 6. Worker Rights
    a. The Right of Association.--The law provides broad provisions for 
protection of workers, and in January 2007 the parliament passed a new 
labor law that allows workers to join and form unions. Implementation 
remained a problem due to lack of funding, personnel, political will, 
and a central enforcement authority. Labor rights were not understood 
outside the Ministry of Labor and Social Affairs, and workers were not 
aware of their rights.

    b. The Right to Organize and Bargain Collectively.--The Government 
allowed several unions, including Central Council National Union 
Afghanistan Employees (CCNUAE), the largest, and several smaller unions 
to operate without interference. However, the Ministry of Labor 
reported only the CCNUAE was legally registered and thus officially 
recognized by the Government. The 2007 law does not provide for the 
right to strike and does not protect collective bargaining. Unions were 
not involved in drafting the law. The country lacked a tradition of 
genuine labor-management bargaining. There were no known labor courts 
or other mechanisms for resolving 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 such practices occurred. There were reports of women and 
girls given away as laborers to another family to settle disputes and 
debts. Many employers subjected child laborers to sexual exploitation 
and forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law recognizes the standard legal age for work as 15, but there are 
provisions for 13- and 14-year-olds to work as apprentices, provided 
they work only 35 hours per week. Under the law, children under 13 may 
not work under any circumstances. There was no evidence that 
authorities in any part of the country enforced child labor laws. Child 
labor remained a pervasive problem. According to UNICEF estimates, at 
least 30 percent of primary school-age children undertook some form of 
work and there were more than one million child laborers under age 14. 
Most child laborers worked as street vendors or shopkeepers. Others in 
northern provinces worked in the carpet weaving industry. Some sectors 
in which child labor was concentrated exposed children to the dangers 
of landmines. AIHRC reported approximately 60,000 child laborers in 
Kabul alone, the majority of whom migrated to the city from other 
provinces. According to Save the Children, there were as many as 5,000 
child laborers in brick factories in Nangarhar. Children faced numerous 
health and safety risks at work and some of them sustained serious 
injuries such as broken bones.
    MOWSAMD reported the Government was working on the problem of child 
labor. The NSFCAR addressed child labor and demanded the creation of 
diversified services for vulnerable families to prevent family 
separation and exploitation of children. MOE efforts to promote 
universal basic education, such as workshops in schools and outreach to 
employers, also contributed to the prevention of exploitative child 
labor.

    e. Acceptable Conditions of Work.--MOL reported the minimum wage 
was 2,000 Afghanis per month ($40) for government workers and applied 
to the private sector as well. The parliament passed a law to increase 
the minimum wage to 4,000 Afghanis ($80), but President Karzai had not 
signed the law at year's end. The minimum wage did not provide a decent 
standard of living for a worker and family and was not observed in 
practice. Wages were determined by market forces, or, in the case of 
government workers, dictated by the Government. During the year, World 
Monitors Inc. visited several power company worksites and reported 
wages were often paid based on family affinity rather than on a set 
rate.
    The law defines the standard workweek as 40 hours per week, eight 
hours per day with one hour for lunch and noon prayers. Reduced 
standard workweeks were stipulated for youth, pregnant women, nursing 
mothers, and miners and other occupations that present health risks. 
Many employers allotted workers time off for prayers and observance of 
religious holidays. The law provides workers the right to receive 
wages, annual vacation time in addition to national holidays, 
compensation for injuries suffered in the line of work, overtime pay, 
health insurance for the employee and immediate family members, per 
diem for official trips, daily transportation, food allowances, night 
shift differentials, retirement rights, and compensation for funeral 
expenses in case of death while performing official duties. These 
standards were not effectively enforced, and citizens were not 
generally aware of the full extent of their labor rights under the law.
    There were no occupational health and safety standards and no 
enforcement mechanism. Employment was at will, and although there was a 
Ministry of Labor and Social Affairs, there were few if any protections 
for workers under either the 1987 or the 2007 law. Workers did not have 
the right to remove themselves from situations that endangered their 
health or safety without jeopardizing their employment, as all 
employment could be terminated without cause.

                               __________

                               BANGLADESH

    Bangladesh is a parliamentary democracy of 150 million citizens. On 
December 29, the Awami League (AL) led by Sheikh Hasina Wazed won 230 
of 299 Parliamentary seats in elections considered by international and 
domestic observers to be free and fair and marked by isolated 
irregularities and sporadic violence. The elections and the peaceful 
transfer of power that followed ended two years of rule by a military-
backed caretaker government. Khaleda Zia, head of the Bangladesh 
Nationalist Party (BNP), stepped down as prime minister in October 2006 
when her term of office expired and transferred power to a caretaker 
government to prepare for general elections the following January. In 
the wake of political instability in January 2007, President Iajuddin 
Ahmed, then head of the caretaker government, declared a state of 
emergency and postponed the elections, appointing the new military-
backed caretaker government led by Fakhruddin Ahmed, the former 
Bangladesh Bank governor, who in July 2007 pledged that elections would 
be held by the end of 2008. Although civilian authorities generally 
maintained effective control of the security forces, these forces 
frequently acted independently of government authority.
    Although levels of violence declined significantly and the 
caretaker government oversaw successful elections, the Government's 
human rights record remained a matter of serious concern, in part due 
to the state of emergency that remained in place for most of the year 
and the failure to fully investigate extrajudicial killings. The state 
of emergency, which was relaxed temporarily in advance of local 
elections in August and finally lifted on December 17, curtailed many 
fundamental rights, including freedom of expression, freedom of 
association, and the right to bail. The Government promulgated the 
Emergency Powers Rules (EPR) 2007 and Emergency Powers Ordinance 2007 
to enforce the state of emergency. The anticorruption drive that the 
Government initiated, while greeted with popular support, gave rise to 
concerns about fairness and equity under the law. For most of the year 
the Government banned political activities, although this policy was 
enforced unevenly. There was a decrease in the number of extrajudicial 
killings by security forces, but they 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 physical and 
psychological torture. Violence against women and children remained a 
serious problem, as did trafficking in persons.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Security forces 
committed numerous extrajudicial killings. The police, Bangladesh 
Rifles (BDR), the military, and the Rapid Action Battalion (RAB) 
sometimes used unwarranted lethal force.
    While there was a nearly 20 percent decrease in the overall number 
of killings by all security personnel, the Government and military did 
not take any public measures to investigate these cases. The number of 
killings by the police and combined security forces also increased. 
According to local human rights organizations, no case resulted in 
criminal punishment, and, in the few instances in which the Government 
levied charges, those found guilty generally received administrative 
punishment.
    According to reports published by the media, local human rights 
organizations, and the Government, the RAB-a paramilitary unit composed 
primarily of seconded personnel from different law enforcement 
agencies-killed 68 persons during the year. The average number of such 
deaths dropped from eight per month in 2007 to less than six per month 
during the year. Combined security units comprising RAB members and 
police killed 15 persons during the year. The deaths, many under 
unusual circumstances, occurred during law enforcement operations or 
while the accused were in custody. The Government, however, often 
described these deaths as ``crossfire killings,'' ``gunfights,'' or 
``encounter killings,'' all terms to describe exchanges of gunfire 
between the RAB or police and criminal gangs.
    According to reports in the media, from local human rights 
organizations, and from the Government, law enforcement officials were 
responsible for 149 deaths, 136 of which were attributed to crossfire. 
According to reported figures, this total represented a 19 percent drop 
from the previous year. The RAB accounted for 65 ``crossfire'' 
killings; members of the police were responsible for 50; combined 
security units comprising RAB and police were responsible for 15; and 
the coast guard, Bangladesh Rifles, and Joint Forces committed a 
combined six crossfire killings. Since 2004 when the Minister for Law, 
Justice, and Parliamentary Affairs stated that crossfire deaths under 
RAB or police custody could not be considered custodial death, the 
Government has not disclosed publicly any prosecution of a RAB officer 
in a killing.
    According to Odhikar, a leading human rights organization, there 
were 116 deaths in custody during the year, including 66 deaths in 
prison.
    For example, on June 18, according to Odhikar and eyewitness 
accounts, officers from the RAB 12 shot and killed Abdur Rashid Malitha 
and Nasima Akhtar Rikta in Baradi, Kushtia. According to family members 
and the RAB, Malitha was a founder of the Purbo Bangla Communist Party-
Marxist Leninist (PBCP-ML) Janajuddha. Several RAB officers conducted 
the raid after investigating a number of muggings in the area that had 
been linked to Malitha. According to Malitha's brother, Golam Hossain 
Akash, who was present during the raid, RAB officers shot both victims 
at point blank range. Akash died eight days later in the custody of RAB 
12, although he was not wanted on any charges. The physician who 
conducted Malitha and Rikta's post-mortems stated that there were six 
bullet wounds to Malitha's chest and ribs, that Rikta's skull was blown 
away, and that there was a bullet wound on Rikta's leg. RAB officers 
claimed they returned fire when they entered a home and Malitha and 
Rikta were killed during the exchange. A RAB officer confirmed Rikta 
was not wanted on any charges. The Government did not investigate the 
case.
    On June 28, according to investigations by local human rights 
organizations, police officers from Mirpur Police Station killed Anwar 
Hossain in a brick field in Housepur. On June 26, two police officers 
and eight to 10 men in civilian clothing arrested Hossain. The Mirpur 
police stated he was killed in a shootout between police and 
``extremists'' and refused to comment on his arrest. The doctor who 
performed the autopsy would not comment on the circumstances of the 
death, but a morgue assistant reportedly noted that there was one 
bullet wound on the left side of Hossain's head and two in his chest, 
as well as signs that the victim had been blindfolded. The Government 
did not investigate the case.
    The wife of Khabirul Islam, whom a naval contingent abused and 
killed in February 2007, filed a complaint against the naval personnel 
and challenged the post-mortem finding that her husband had committed 
suicide. According to human rights organizations, she abandoned the 
case due to intimidation from unknown parties and lack of funds.
    The Government did not take any further action to investigate the 
March 2007 killing of Choilesh Ritchil by army personnel in Madhupur or 
the May 2007 killing of Mohammad Kamran Islam Mojnu by members of RAB 5 
battalion.
    There were no updates available concerning the March 2006 killing 
of Iman Ali by RAB members in Dhaka, nor the September 2006 killings of 
Abdul Hawladar and Mohammad Shamin in Khulna by RAB members.
    There were fewer politically motivated killings than in previous 
years, largely due to the state of emergency that suspended most 
political activities. According to Odhikar, 50 deaths were suspected of 
being politically motivated.
    According to Human Rights Watch (HRW), Odhikar, and local media 
reports, on July 15, officers from RAB 8 in Dhaka arbitrarily arrested 
and killed Moshiul Alam Sentu, an activist in the BNP's student wing, 
the Jatiyatabadi Chhatra Dal (JCD). The RAB claimed Sentu was accused 
in several murder cases and had an illegal cache of weapons. Sentu's 
family contended the charges were politically motivated and he had been 
acquitted in all of the cases. Sentu's family stated they had been 
warned in advance that he would be killed ``in a crossfire'' and had 
paid a bribe of 300,000 taka ($4,500) to Major AKM Mamunur Rashid Mamun 
to prevent his death. Shortly thereafter, Mamun reportedly assured her 
that her son would not be mistreated. Early the following day, however, 
eyewitnesses observed RAB officers dumping Sentu's body in a paddy 
field in Barisal city, south of Dhaka. The body had two bullet wounds 
in the chest and another in the leg. Sentu's neck was severely bruised 
and possibly broken, as was his left hand, indicating possible torture. 
RAB 8 later stated it had taken Sentu to Barisal to recover a cache of 
hidden arms and he was killed in ``crossfire'' when the RAB team 
encountered fire from Sentu's associates. HRW issued a statement urging 
the Government to prosecute the officials responsible for killing Sentu 
and others ``to the full extent of the law.'' The Government did not 
conduct any further investigations.
    On July 27, according to HRW and Odhikar, police in Naogaon killed 
Dr. Mizanur Rahman Tutu (also known as Tutul), a physician and leader 
of the PBCP-ML. Authorities claimed there were many cases against him, 
including involvement in several killings of police officers and 
political figures, though the local police superintendent stated there 
were no charges filed. The autopsy indicated that Tutu had been shot 
three times, that he had been tied up, and that there were signs of 
excessive blood loss, suggesting abuse prior to death. Odhikar 
condemned Tutu's killing, stating the police had conflated his identity 
with a criminal named Tutul who had died several years earlier and had 
targeted Tutul because of his political affiliation.
    There were no updates in the investigation of the 2007 killing of 
Azibor Rahman or the 2006 killing of Aftab Ahmad.
    Media reported that Home Affairs Adviser Gen. M.A. Matin ordered 
police to reinvestigate the 2005 death of Awami League parliamentarian 
and former Finance Minister Shah AMS Kibria. In March 2007 the 
Caretaker Government stated that it would open a new investigation, but 
that effort stalled due to alleged lack of personnel. Matin rejected 
that argument and ordered the reinvestigation, which was ongoing at 
year's end.
    Authorities sentenced three individuals from the banned Islamist 
organization Harkatul Jihad al Islami (HuJi) to death and granted two 
others life sentences in the August 2007 trials of the group charged 
with organizing a grenade attack at the Hazrat Shahjalal Shrine in 
Sylhet in 2004.
    Killings by political parties continued, although these were fewer 
in number than in previous years.
    According to media reports, on February 12, political rivals killed 
Md. Farman Ali of the Purbo Banglar Communist Party in Pabna.
    Also according to media and NGO sources, on February 26, gunfire 
between Awami League and BNP activists at Moheshkhali killed one 
individual.
    Violence along the border with India remained a problem, although 
the number of incidents declined. According to human rights 
organizations, the Indian Border Security Force (BSF) killed 59 
citizens.

    b. Disappearance.--Disappearances and kidnappings remained problems 
during the year. According to Bangladesh Society for the Enforcement of 
Human Rights (BSEHR), 504 persons were kidnapped during the year. An 
indeterminate number of these kidnappings were politically motivated.
    According to press reports, on September 26, pirates kidnapped more 
than 40 fishermen from the Kachikhali coast of Pathorghata. The victims 
were taken to an undisclosed location in the Sundarbans mangrove forest 
in southwest Bangladesh and held for a ransom of 1,000,000 taka 
($14,700). The coast guard made several attempts to rescue the 
kidnapping victims but was unsuccessful.
    According to press reports and the individual's relatives, on 
November 26, RAB officers arrested and allegedly disappeared Jubo 
League leader Liakat Hossain. Hossain had been arrested in 2003 after 
being labeled as one of the country's ``23 top criminals,'' but 
received bail from the High Court on September 4. On December 2, the 
High Court instructed the Government to notify it within 72 hours of 
his whereabouts. The Government did not take further action.
    The Government did not take steps to investigate the February 2007 
kidnapping of Abdul Aziz, the June 2007 kidnapping of two Danish Aid 
Agency employees, or the May 2006 disappearance of Tera Mia.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution prohibits torture and cruel, 
inhuman, or degrading punishment, security forces, including the RAB, 
military, and police, frequently employed severe physical and 
psychological abuse during arrests and interrogations. According to 
human rights organizations, the use of such techniques increased in 
2007 after the interim government declared the state of emergency, but 
the number of incidents declined by 60 percent during the year. Abuse 
consisted of threats, beatings, and the use of electric shock. 
According to human rights organizations, security forces tortured 12 
people to death. The Government rarely charged, convicted, or punished 
those responsible, and a climate of impunity allowed such abuses by the 
RAB, police, and military to continue.
    For example, on March 7, according to Odhikar, police arrested and 
tortured Abul Hossain Dahli in Botiyaghata Police Station. Odhikar 
reported that a few hours after Dahli's arrest, police declared he had 
committed suicide. Relatives who claimed the body questioned apparent 
bruises, burn marks, the lack of markings on the neck consistent with 
hanging, and the layout of the cell, which would have made hanging 
difficult. Relatives also claimed the family had been offered 15,000 
taka ($220) not to file a case. On March 20, Dahli's family filed a 
case and the head of the Government committee investigating the 
incident agreed that police negligence was undeniable. At year's end, 
however, the Government had not investigated the case further.
    On March 18, according to Odhikar and witness accounts, officers 
from RAB 8 arrested and tortured Md. Afzal Khan in Sharlatpur District. 
According to witness accounts, RAB officers arrested Khan at the 
Mahmudpur Bazaar, where they interrogated him about an alleged illegal 
arms cache and beat him with sticks, rifles, stones, and hammers. That 
night, police admitted Khan to Shariatpur Sadar Hospital, where he died 
the following day. According to Afzal's father, Afzal had a broken 
neck, wounds on his face and skull, an inflated stomach allegedly due 
to trampling, and cut veins in his legs.
    On April 13, according to Odhikar, police arrested Fakir Chan in 
Maulvibazar on charges of mugging. Chan's wife claimed that she did not 
have access to her husband while he was in custody and that a police 
officer told her that her husband would be released if she paid a 
50,000 taka ($735) bribe. On April 19, police alleged that Chan fell 
ill and died while in custody. According to a doctor at the Narayanganj 
Hospital, several plainclothes policemen dropped off Chan's body at the 
emergency division of the hospital and refused to answer questions 
about his identity. The doctor conducting the autopsy stated that he 
saw marks on Chan's wrists and other marks on the body suggesting Chan 
had been hanged by his wrists and beaten. Authorities removed 
Superintendent Saiful Islam, Assistant Superintendent of Police 
Jannatul Hasan, Mamunur Rashid, and Babul Akhtar from their duty 
stations. No additional legal action had been taken at year's end.
    According to human rights organizations, there were at least five 
recorded incidents of rape and sexual abuse by law enforcement 
personnel.
    For example, on July 2, according to Odhikar, RAB member Abdul 
Gaffur raped a 14-year-old girl in Sonargaon, Narayanganj. Local police 
arrested Gaffur, who was awaiting trial at year's end. On July 30, 
Police Sub-Inspector Rezaul Karim allegedly raped a young girl who had 
been collecting trash at a railway station in Kamlapur, Dhaka. The 
Government did not investigate the case.
    Authorities did not investigate the January 2007 torture of 
Shahidul Islam, director of the NGO Uttaran, or the June 2007 torture 
cases of Mohammad Jamal Uddin and Mohammad Kajol.
    There were no developments concerning the May 2007 rape case 
against Sub-Inspector Nuruzzaman of Karimgonj, nor the August 2007 rape 
case against Sub-Inspector Abdul Mannan of Mirpur.
    The 2006 case of Kishore Kumar Das remained pending at year's end.
    There were no developments in the 2006 death of Tajul Islam in 
Kurigram, and none in the case of AL official Asraf Hossain Khan, who 
was detained and allegedly beaten and threatened with crossfire by the 
RAB in Munshigonj in 2006.
    Vigilante killings increased during the year. Newspapers reported 
163 vigilante killings, although local human rights organizations said 
the reported cases were only a fraction of the total number of actual 
incidents. In 2007 there were 108 reported vigilante killings.
    According to press reports, on March 3, a mob killed a mugger, 
Babul, 35, and injured another when a gang of four tried to steal 
100,000 taka ($1,470) from a businessman at Nasirabad.
    On March 8, at Kaliakoir, near Dhaka, a mob beat two robbers, Kabir 
Mia, 30, and Anwar Hossain, 35, to death, and injured another. 
According to the police, the individuals had taken part in an attempted 
armed robbery of a local home at 3:00 a.m., and neighbors apprehended 
them.

    Prison and Detention Center Conditions.--The prison system remained 
abysmal due to overcrowding, inadequate facilities, and the lack of 
proper sanitation. Local human rights observers considered these 
conditions to be contributing factors to custodial deaths. According to 
international and local human rights organizations and eyewitness 
accounts, after the declaration of a state of emergency, security 
forces including the military held detainees in sub-standard ad hoc 
Joint Forces and military camps of the military intelligence agency, 
the Directorate General-Forces Intelligence (DGFI).
    According to Odhikar, 66 persons died in prison and 50 persons died 
in the custody of police and other security forces during the year. Of 
the total number who died, three died due to lack of proper care and 46 
died of unnatural causes.
    According to the Government, the existing prison population as of 
December 31 was 75,480, or more than 278 percent of its official 
capacity of 27,146. Of the entire prison population, approximately one-
third of the detainees had been convicted; the rest were either 
awaiting trial or detained for investigation. Due to the severe backlog 
of cases, individuals awaiting trial had often spent more time in jail 
than if they had been convicted and served a maximum sentence. In most 
cases, prisoners slept in shifts because of the overcrowding and did 
not have adequate bathroom facilities.
    In 2007 the inspector general of prisons (IGP) took several steps 
to improve the prison system, including updating the jail code, 
reducing corruption and drug trafficking in prisons, limiting the use 
of full shackles on prisoners for reasons other than discipline, 
improving the quality of food, creating more prisoner vocational 
training opportunities and literacy classes, and improving the morale 
of prison staff. The Government also opened its first jail for women in 
Gazipur. NGOs argued that these reforms were helpful, but that they 
were not adequately maintained and that the pace of reform during the 
year was slower than in previous years. These reforms included the 
construction of three new jails exclusively for women, the launch of 
several small-scale training programs for prisoners to assemble 
garments, and physical improvements such as the addition of television 
sets and fans. During the year the IGP tried to address prisoner morale 
by allowing low-level offenders to meet family and friends inside jail 
cells without any physical barriers between them.
    The law required juveniles to be detained separately from adults; 
in practice, many juveniles were incarcerated with adults. Media 
reports stated that approximately 380 children were imprisoned despite 
laws and court decisions prohibiting the imprisonment of minors. In 
some places, the figure was much higher, allegedly because there was no 
proper means of recording age in the criminal justice system. According 
to the International Center for Prison Studies, minors make up 0.4 
percent of the prison population.
    Although the law prohibits women in ``safe custody''--victims of 
rape, trafficking, and domestic violence--from being housed with 
criminals, in practice no separate facilities existed.
    In general the Government did not permit prison visits by 
independent human rights monitors, including the International 
Committee of the Red Cross. government-appointed committees of 
prominent private citizens in each prison locality monitored prisons 
monthly but did not release their findings. District judges 
occasionally visited prisons but rarely disclosed their findings.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, the law permits authorities to 
arrest and detain persons suspected of criminal activity without an 
order from a magistrate or a warrant. Following the declaration of a 
state of emergency in 2007, the Government promulgated the Emergency 
Power Rules that gave authorities further authority to detain citizens 
without filing formal charges or specific complaints. The Government 
relaxed the state of emergency in August and early December before 
fully lifting it on December 17.

    Role of the Police and Security Apparatus.--Police are organized 
nationally under the Ministry of Home Affairs (MOHA) and have a mandate 
to maintain internal security and law and order. Under recent 
governments, police were generally ineffective and reluctant to 
investigate persons affiliated with the ruling party. After the 
declaration of a state of emergency, the Government formed the Joint 
Forces, composed of police, the RAB, the military, and other security 
agencies, and gave the special new teams responsibility for enforcing 
the state of emergency. The DGFI, a military intelligence agency, 
assumed the lead in enforcing the state of emergency by investigating 
corruption charges and interrogating suspects.
    The RAB received human rights training through the UN Development 
Program; the UK government; and a local NGO, BSEHR. Although the RAB 
continued to commit serious human rights violations, the number of 
incidents involving the RAB dropped from the previous year.
    The Government took steps to address widespread police corruption 
and a severe lack of training and discipline. The Inspector General of 
Police continued to implement a new strategy, partially funded by 
international donors, for training police, addressing corruption, and 
creating a more responsive police force.
    There were no developments concerning the June 2007 beating case of 
Dhaka businessman Mahbub Alam Liton by army soldiers.
    There were no developments in the October 2006 National Shooting 
Federation Complex incident, in which police entered the Dhaka club and 
beat 25 members, including Asif Hossain Khan.
    There were no developments in the August 2006 incident in Phulbari, 
Dinajpur district, in which police and members of the BDR opened fire 
on a crowd, killing five persons and injuring 100.
    Plaintiffs rarely accused police in criminal cases due to lengthy 
trial procedures and the fear of retribution. Such reluctance to 
confront police continued a climate of impunity.

    Arrest and Detention.--The law provides for arrest without the use 
of warrants in certain cases. Section 54 of the Criminal Procedure Code 
and Section 86 of the Dhaka Metropolitan Police (DMP) Ordinance 
authorize detention of persons on suspicion of criminal activity 
without an order from a magistrate or a warrant, and the Government 
used such provisions regularly. The law also limits gatherings of more 
than four persons. The number of preventive and arbitrary detentions 
declined from the previous year, although the overall number of arrests 
remained much higher than it was prior to the state of emergency.
    Human rights groups reported that the Government arrested more than 
60,518 persons in special arrest drives during the year, including more 
than 30,000 in the month of June alone. This number decreased by 
approximately 80 percent from the previous year, although accurate 
figures were difficult to obtain because the Government stopped its 
practice of releasing arrest figures. In addition, Ain O-Shalish Kendra 
(ASK), a domestic human rights organization, estimated that more than 
2,000 routine arrests were made every day. The majority of those 
arrested were released within one or two days. Although many were 
released, figures from the Daily Star newspaper indicated that more 
than 150 former politicians, government officials, and business leaders 
were held on suspicion of corruption, extortion, or other abuses of 
power under the anticorruption drive, and more than 78 persons were 
arrested during the year. There were more than 222 individuals on the 
corruption suspects list. More than 97 individuals were convicted on 
corruption charges through October.
    Between May 28 and June 15, authorities arrested approximately 
32,000 persons reportedly to improve the law and order situation. 
Political parties and NGOs criticized the arrests as politically 
motivated and claimed that as many as 350 grassroots political 
activists and local officials were arrested along with extremists and 
criminals. According to government officials, many of those detained 
were arrested based on existing warrants and only 191 individuals were 
arrested under the EPR. Authorities also claimed that fewer than 100 of 
the detained individuals had ties to political parties. In most cases, 
authorities released the individuals shortly after their arrest.
    According to local human rights organizations, Joint Forces, led by 
the military, continued to hold suspects illegally at army camps, DGFI 
headquarters, and other unofficial places of detention, where they 
interrogated, often abused, and in some cases forced suspects to sign 
confessions before releasing or presenting them to a magistrate. In 
some cases the authorities released detainees after they agreed to file 
cases against other high-profile suspects.
    There were no new developments regarding the January 2007 arbitrary 
arrest and detention of Giasuddin Al-Mamun by Joint Forces.
    Under the Special Powers Act, the Government or a district 
magistrate may order a person detained for 30 days to prevent the 
commission of an act that could threaten national security; however, 
authorities held detainees for longer periods. The magistrate must 
inform the detainee of the grounds of detention, and an advisory board 
is required to examine the detainee's case after four months. Detainees 
had the right to appeal. Many detainees taken into custody during the 
anticorruption drive were held under this act, and the Government 
sought and received numerous detention extensions from advisory boards 
consisting of two judges and a government official.
    There was a functioning bail system in the regular courts, although 
persons prosecuted under the EPR were ineligible for bail from January 
through December 17. Family members of persons arrested under the EPR 
frequently were detained without bail on suspicion of abetting 
corruption. In April the Supreme Court's Appellate Division curtailed 
the authority of the High Court to hear bail petitions under the EPR, 
denying the court an opportunity to grant bail under these conditions. 
Human rights groups and some detainees' families alleged that in cases 
in which the High Court ordered high-profile detainees released on 
bail, the military pressured trial judges to delay the release of the 
detainee to give the Government time to file new charges against the 
detainee, starting a new appeals process and preventing release.
    Most criminal detainees charged with crimes were granted access to 
attorneys; however, detainees arrested under the Special Powers Act 
were not entitled to representation. The Government rarely provided 
detainees with state-funded defense attorneys, and there were few legal 
aid programs to offer such detainees financial assistance. Many persons 
arrested on charges of graft under the Special Powers Act typically 
would not have qualified for legal aid because of their relatively high 
incomes. The Government generally permitted lawyers to meet with their 
clients only after formal charges were filed in the courts, which in 
some cases occurred several weeks or months after the initial arrest. 
Arbitrary arrests were common, and the Government held persons in 
detention without specific charges, often to collect information about 
other suspects.
    It remained difficult to estimate the total number of persons 
detained for political reasons. Many high-level officials detained 
during the state of emergency were also widely suspected of corruption 
and had credible charges of corruption pending against them at year's 
end. Several high profile figures, including some members of the 
leadership of the BNP and AL, however, were held for months without any 
charges filed against them. International and domestic human rights 
organizations accused the Government of selective prosecution. For 
example, according to human rights organizations, several high-profile 
figures believed to be corrupt were omitted from lists of corruption 
suspects, allegedly because they agreed to ally themselves with the 
caretaker government and the military.
    In cases not affiliated with the state of emergency or 
anticorruption drive, arbitrary and lengthy pretrial detention remained 
a problem. The total number of pending civil and criminal cases was 
more than 1.8 million. Many persons who were arrested served longer in 
pretrial detention than they would have if given the maximum sentence 
for their alleged crimes. According to the International Centre for 
Prison Studies, nearly 70 percent of prison inmates remained in 
pretrial detention at year's end.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, in practice a longstanding temporary 
provision of the constitution placed the executive in charge of the 
lower courts, judicial appointments, and compensation for judicial 
officials. In November 2007 the caretaker government implemented 
legislation the previous government had developed separating the 
judiciary from the executive.
    By April the Appellate Division of the Supreme Court stopped its 
practice of overturning politically charged decisions by the High Court 
Division of the Supreme Court if those rulings went against the 
Government. Prior to the end of March, the Appellate Division 
overturned several decisions granting bail to high-level corruption 
suspects. The Appellate Division stopped this practice after the 
appointment of a new Chief Justice of the Appellate Division of the 
Supreme Court. High Court judges granted bail to thousands of political 
figures and common criminals from April through year's end. Corruption, 
judicial inefficiency, lack of resources, and a large case backlog 
remained serious problems.
    The court system has two levels: the lower courts and the Supreme 
Court. Both hear civil and criminal cases. After the separation of the 
judiciary from the executive, the Government appointed judicial 
magistrates to replace the executive magistrates who had presided over 
the lower courts. The Supreme Court is divided into two divisions, the 
High Court and the Appellate Division. The High Court Division hears 
original cases mostly dealing with constitutional issues, and reviews 
cases from the lower courts. The Appellate Division hears appeals of 
judgments, decrees, orders, or sentences of the High Court. Rulings of 
the Appellate Division are binding on all other courts.
    The EPR authorized the Government to create special speedy 
anticorruption courts to adjudicate cases prosecuted by the 
Anticorruption Commission (ACC). Sentences from these tribunals could 
also be appealed to the High Court.
    In 2005 a High Court panel rendered unconstitutional an amendment 
to the constitution that legitimized martial law in the 1980s. The 
prime minister's office arranged for a stay, still in effect at year's 
end, of the ruling because of its ramifications for the legacy of 
former President Ziaur Rahman, the late husband of the then prime 
minister.

    Trial Procedures.--The law provides accused persons with the right 
to be represented by counsel, to review accusatory material, to call or 
question witnesses, and to appeal verdicts. Cases are decided by judges 
rather than juries, and trials are public. In practice a public 
defender is rarely provided to defendants. Defendants are presumed 
innocent, have the right to appeal, the right to be present and to see 
the Government's evidence.
    Corruption and a substantial backlog of cases hindered the court 
system, and trials were typically marked by extended continuances, 
effectively preventing many from obtaining a fair trial due to witness 
tampering, victim intimidation, and missing evidence. Human rights 
observers contended that magistrates, attorneys, and court officials 
demanded bribes from defendants in a majority of the cases filed under 
the Special Powers Act.
    Alternative dispute resolution for civil cases allows citizens to 
present their cases for mediation. According to government sources, 
wider use of mediation in civil cases quickened the administration of 
justice, but there was no assessment of its fairness or impartiality. 
The Muslim Family Ordinance codifies traditional Islamic law concerning 
inheritance, marriage, and divorce for registered marriages for members 
of the Muslim community. There were similar sets of laws in place for 
the Hindu and Christian communities.

    Political Prisoners and Detainees.--The Government detained more 
than 150 high-ranking politicians, businessmen, and officials as part 
of its anticorruption campaign. The courts released most of these 
persons during the year. The Government held many individuals for 
several months under the Special Powers Act without filing charges 
against them.
    In 2007 the Government arrested on corruption charges both former 
prime ministers Sheikh Hasina and Khaleda Zia. In June the caretaker 
government released Sheikh Hasina on parole under executive order of 
the Government. In September the Supreme Court freed Khaleda Zia on 
bail.
    By year's end the ACC and the public prosecutor prosecuted 228 
cases against high-ranking political officials, ranging from extortion 
and money laundering to murder. Although the Government claimed these 
were legitimate charges, some were considered politically motivated.
    In connection with this, the 2007 cases against Law Minister Moudud 
Ahmed remained pending at year's end, although on September 9, the High 
Court released him on bail. Former Communications Minister Anwar 
Hossain Manju was convicted and sentenced in absentia to 13 years in 
jail and fined 100,000 taka ($14,500) after he left the country.
    The trial against journalist Salah Uddin Shoaib Choudhury, detained 
for his attempted 2003 travel to Israel, began in June. While the case 
remained ongoing, the Government allowed Choudhury to travel abroad.

    Civil Judicial Procedures and Remedies.--The Government did not 
interfere with civil judicial procedures.

    Property Restitution.--During the year the Government did not take 
any measures to implement the 2001 Vested Property Return Act providing 
for property restitution to persons, mostly Hindus, whose property the 
Government seized after the 1965 India-Pakistan war.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law allows intelligence and law enforcement 
agencies to monitor private communications with the permission of the 
chief executive of the MOHA. The ordinance also gives the Government, 
in the interest of national security, the authority to prevent 
telephone operators from delivering messages. The EPR strengthened the 
ability of the Government to monitor communications, including 
telephones, cell phones, text messages and e-mail. In case of national 
emergency, the Government can revoke any permit to provide 
communications services without providing compensation to the holder of 
the license, and in 2007 the Government ordered cell phone providers to 
shut down service intermittently. According to media reports, the 
Government established a national monitoring center made up of 
representatives from law enforcement and intelligence agencies to 
monitor and coordinate phone taps during the year.
    Even in cases not affiliated with the Special Powers Act, police 
rarely obtained warrants, and officers violating these procedures were 
not punished. Human rights organizations indicated that the Special 
Branch of the police, National Security Intelligence, and DGFI employed 
informers to conduct surveillance and report on citizens perceived to 
be critical of the Government.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and press; however, the Government used the EPR to 
curtail these rights. In September the Government approved the Right to 
Information Ordinance allowing journalists and the public greater 
access to information.
    Certain individuals were not able to criticize the Government 
publicly without fear of reprisal. Although public criticism of the 
Government was common, journalists regularly practiced self-censorship. 
The EPR had suspended indoor and outdoor political gatherings, allowed 
the Government to take legal action against critical editors and 
journalists, and allowed authorities to compel the broadcast or 
publication of stories supporting the Government, although in practice 
these rules were not always strictly enforced. On November 3, the 
Government rescinded the ban on political rallies and gatherings. The 
Government also revoked the clause of the EPR preventing the media from 
publishing or broadcasting reports on public meetings or rallies and 
banning so-called provocative stories, editorials, and shows. The 
Government lifted these restrictions on December 17.
    There were hundreds of daily and weekly independent publications. 
Newspapers that were critical of the Government, particularly of the 
military, came under strong pressure throughout the year. In addition 
to one official government-owned news service, there are two private 
news services.
    Newspaper ownership and content were sometimes subject to direct 
restriction by the military's Inter-Service Public Relations office and 
DGFI. Journalists reported being cautioned by DGFI against criticizing 
the Government or the military. In May editors from several media 
outlets expressed concern over the increased pressure on media freedom. 
According to Nurul Kabir, editor of the English language newspaper The 
New Age, an intelligence agency of the armed forces began giving 
instructions to editors of newspapers and television channels mandating 
that certain news should be published or broadcast and other news 
should not.
    The Government owned one radio and one television station.
    There were 10 private satellite television stations and three 
private radio stations in operation. There were two foreign-based and 
licensed satellite television stations that maintained domestic news 
operations. Cable operators generally functioned without government 
interference; however, cable operators were forced to drop several 
international channels, allegedly for nonpayment of taxes. The 
Government required all private stations to broadcast, without charge, 
selected government news programs and speeches by the chief advisor and 
the President.
    The 24-hour all news television station, CSB, which the Government 
shut down in September 2007 (purportedly for not having a proper 
license), remained closed at year's end.
    Attacks on journalists continued to be a problem. There was an 
increase in the number of journalists who were harassed, arrested, and 
assaulted by security personnel. According to Odhikar, at least 38 
journalists were injured, four were arrested, 25 were assaulted, 30 
were threatened, and six had cases filed against them. According to 
some journalists and some human rights NGOs, journalists engaged in 
self-censorship.
    Examples of abuse against journalists included:
    On March 28, according to the Committee to Protect Journalists, 
plainclothes police in Durgapur arrested and assaulted Rabiul Islam, 
reporter for the Daily Sunshine, a Rajshahi-based newspaper, after he 
wrote stories implicating the Durgapur police in alleged corruption 
cases. The Durgapur police held Rabiul for 12 hours, tortured him, and 
extracted a confession from him before finally releasing him.
    On May 24, according to Odhikar and Daily Star reports, prison 
guards beat Daily Star correspondent Mirza Shakil because he 
investigated allegations of corruption and harassment at a local 
prison. During a visit to the prison, Shakil took photos of guards 
trying to force visitors to pay bribes; shortly afterwards 12 guards 
attacked him and threw him out of the jail. Local journalists rushed to 
his aid and took him to a local hospital, where he was admitted with 
severe injuries to the chest, back, and neck.
    In May police tortured Iasinur Rahman, breaking his hands and his 
legs, because he had published a story accusing local police of sexual 
harassment and bribery. The Government did not take steps to hold 
police officers accountable.
    There were no developments regarding the August 2007 attack of 
journalists at Dhaka University; the January 2007 attack of Professor 
Anisur Rahmen; the 2006 torture of Focus Bangla journalist Shafiqul 
Islam; or the 2006 shooting death of S. Changma Sattyajit, President of 
the Panchhari Press Club and correspondent of Shamakol.
    According to journalists, editors, and other media personnel, 
intimidation and pressure on the media continued under the state of 
emergency. DGFI officials monitored the various media outlets and 
cautioned them about airing material deemed offensive to the Government 
or military. Numerous editors and journalists in Dhaka reported being 
summoned to DGFI headquarters for questioning, and encouragement to 
file positive stories about the Government and military.
    In January according to Odhikar and Amnesty International, the Home 
ministry at the urging of RAB instructed police to arrest Jahangir Alam 
Akash, a prominent local journalist and human rights activist, under 
the EPR on extortion charges, following his reports of extrajudicial 
killings by RAB units in Rajshahi. According to Akash, authorities 
tortured him during his month in jail before releasing him on bail in 
November.
    Also in July the editor of Jai Jai Din was fired because he 
published a cartoon critical of Army Chief General Moeen Uddin Ahmed.
    Tasneem Khalil, former Daily Star journalist and researcher for 
HRW, continued to live in exile in Sweden following his May 2007 
interrogation and torture by Joint Forces.
    The Government subjected foreign publications and films to review 
and censorship. A government-run film censor board reviewed local and 
foreign films and had the authority to censor or ban films on the 
grounds of state security, law and order, religious sentiment, 
obscenity, foreign relations, defamation, or plagiarism. Video rental 
libraries and DVD shops stocked a wide variety of films, and government 
efforts to enforce censorship on rentals were sporadic and ineffective.
    The Government exercised censorship in cases of immodest or obscene 
photographs, perceived misrepresentation or defamation of Islam, or 
objectionable comments regarding national leaders.
    There were no developments regarding the September 2007 banning of 
Alpin, the satirical weekly magazine of the newspaper Prothom Alo, due 
to alleged blasphemy against Islam.
    The Government used defamation charges to curb freedom of speech, 
although the number of cases decreased during the year.
    There were no developments in the defamation lawsuit filed by Mah 
Selim against Juganthor newspaper.

    Internet Freedom.--Although individuals and groups generally could 
engage in the peaceful expression of views via the Internet, local 
human rights organizations reported continued government monitoring of 
Internet communications. Reporters without Borders claimed police 
monitored journalists' e-mail. In addition, journalists and political 
figures detained by the Joint Forces reported they were forced to hand 
over their e-mail logons and passwords.

    Academic Freedom and Cultural Events.--The Government did not limit 
academic freedom or cultural events; however, authorities discouraged 
research on sensitive religious and political topics.

    b. Freedom of Peaceful Assembly and Association.--The EPR 
restricted freedom of assembly and freedom of association and 
prohibited indoor and outdoor political activities. On May 12, the 
Government relaxed some of the bans on indoor political activities 
throughout the country but limited the number of people who could 
attend and required parties to seek permission from the authorities to 
hold meetings. The Government also allowed meetings and processions 
with permission from authorities for two weeks in 11 cities prior to 
the August 4 municipal elections in those cities. In September the 
Government eased bans on indoor political gatherings in Dhaka but with 
limits on the number of people who could attend and a requirement for 
parties to seek permission from the home ministry to hold meetings. On 
November 3, the Government eased the ban further by permitting 
political gatherings and rallies ahead of the December parliamentary 
elections and fully lifted the state of emergency on December 17.
    The Government implemented the ban unevenly. For example, in April 
and May 2007 Ferdous Ahmed Quareshi publicly had meetings in support of 
a new progovernment party, the Progressive Democratic Party (PDP). 
Despite considerable press coverage of these events and media 
editorials questioning their legality under the state of emergency, the 
Government did nothing to stop them. On September 11, the Government 
released detained BNP chairperson Khaleda Zia on bail and allowed her 
to reopen the BNP central office.

    Freedom of Assembly.--During most of the year the EPR banned public 
demonstrations and political gatherings and the Government enforced the 
ban. There were, however, instances of street demonstrations by factory 
workers and political activists without prior notice.
    On August 21, Dhaka Metropolitan Police (DMP) banned a planned 
march by the BNP-led four-party coalition. The coalition had planned to 
march to the Chief Adviser's office in Dhaka to demand the release of 
BNP chairperson and former Prime Minister Khaleda Zia and her elder son 
Tarique Rahman. When coalition supporters gathered on the city's Manik 
Miah Avenue to join the march, police attempted to disperse the crowd 
using batons. On August 27, the coalition announced it would form human 
chains throughout the country to protest the police action. Police 
broke up the human chains at different points in Dhaka and other 
cities, occasionally clashing with the participants.

    Freedom of Association.--The law provides for the right of every 
citizen to form associations, subject to ``reasonable restrictions'' in 
the interest of morality or public order, and the Government generally 
respected this right. Individuals were free to join private groups. On 
September 7, the Government relaxed the ban imposed on trade union 
activities under the state of emergency in January 2007 and allowed 
labor rights organizations to conduct activities on a very limited 
scale to allow unions to carry out financial and administrative tasks. 
For example, the new rules permitted gatherings of no more than 500 and 
stipulated that such gatherings must be held indoors and focused solely 
on labor issues. Neither the ban nor its subsequent relaxation affected 
the Export Processing Zone (EPZ) which was covered under separate 
legislation, permitting only ``workers associations.'' During the year 
the number of workers associations increased. The full lifting of the 
state of emergency on December 17 enabled trade unions to resume their 
normal activities.

    c. Freedom of Religion.--The constitution establishes Islam as the 
state religion and also stipulates the right, subject to law, public 
order, and morality, to practice the religion of one's choice. The 
Government generally respected this right in practice. Although the 
Government was secular, religion shaped the platforms of certain 
political parties. Discrimination against members of religious 
minorities existed at both the Governmental and societal levels, and 
religious minorities were disadvantaged in practice in such areas as 
access to government jobs, political office, and justice.
    Shari'a (Islamic law) was not implemented formally and not imposed 
on non-Muslims, but it played an influential role in civil matters 
pertaining to the Muslim community. The Muslim Family Ordinance 
codifies issues such as inheritance, marriage, and divorce for 
registered marriages of members of the Muslim community. A Muslim man 
may marry as many as four wives; however, a Muslim man must get his 
first wife's signed permission before taking an additional wife. 
Society strongly discouraged polygamy and it was rarely practiced.
    Family laws concerning marriage, divorce, and adoption differed 
slightly depending on the religion of the persons involved. Each 
religion had its set of family laws. Under Hindu law, unlimited 
polygamy is permitted, and although there is no provision for divorce 
or legal separation, Hindu widows may legally remarry. There were no 
legal restrictions on marriage between members of different faiths.
    Government protection of Ahmadiyyas continued to improve, although 
social discrimination continued. The High Court continued to stay the 
Government ban on publishing Ahmadiyya literature, effectively allowing 
Ahmadiyyas to publish.
    As in previous years, the Government failed to prepare a list of 
property that the Government expropriated from Hindus following the 
1965 India-Pakistan War.
    The Government allowed foreign missionaries to work in the country, 
but their right to proselytize was not explicitly protected by the law. 
Some missionaries faced problems in obtaining visas or renewing visas. 
Some foreign missionaries reported that internal security forces 
closely monitored their activities. The Government allowed various 
religions to establish places of worship, train clergy, travel for 
religious purposes, and maintain links with coreligionists abroad. The 
law permitted citizens to proselytize.

    Societal Abuses and Discrimination.--Discrimination against 
Ahmadiyyas, Hindus, and Christians occurred during the year. However, 
there were no demonstrations by anti-Ahmadiyya groups during the year.
    On March 15 and March 21, the Special Branch of police in 
Brahmanbaria prevented groups of Ahamadiyyas from holding a religious 
convention. Due to intervention by officials at senior levels of the 
home ministry, both conventions were held.
    There were reports of attacks on members of minority communities, 
although many of these reports could not be independently verified and 
motives for such attacks-criminal, political, or religious-could not be 
ascertained.
    On April 2, according to ASK, RAB officers and police severely beat 
Biman Chandra Bosak, vice President of Joypurhat District Bar 
Association, at his village. According to ASK, the attack on Bosak 
occurred after he filed a case against a Muslim neighbor who tried to 
seize land dedicated to a Hindu deity.
    On April 12, according to Christian Life Bangladesh (CLB), members 
of an Islamist group attacked two Christian men at Rangunia as they 
were showing a film to build community awareness about arsenic 
pollution, child marriage, and other social problems.
    In contrast to previous years, there were no reports of the 
military attempting to evict 120 Hindu families from land in the Mirpur 
area of Dhaka abutting the military cantonment. The eviction, based on 
a 1961 land purchase agreement by the military, was challenged legally, 
and the case was pending at year's end.
    In April 2007 leaders of the Catholic Khasia community in 
Moulvibazar complained to the local government about harassment from 
Forestry Department officials who oversee the Monchhara Forest where 
many Khasia live. They stated several forestry officials filed false 
cases against their community and the head of the local Catholic 
mission to intimidate them. In February a meeting among Khasia 
community leaders, Forest Department officials, and Kulaura sub-
district officials resulted in a government promise that the Khasia 
would not be harassed if they refrained from occupying Forest 
Department land. The Forest Department subsequently filed new cases 
against some Khasia alleging that they had occupied government land. 
Local forestry officials also harassed the Garo community in Madhupur. 
In 2007 police arrested several forestry department officials allegedly 
involved in corruption. Although it decreased from previous years, 
harassment by forestry department officials persisted.
    Religious minorities were disadvantaged in seeking government jobs 
and political office. Selection boards for government services often 
lacked minority group representation.
    There was no Jewish community in the country and there were no 
reports of anti-Semitic acts against locals, but some newspapers 
occasionally printed anti-Semitic articles and commentary.
    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 these rights, 
and the Government respected these rights in practice with specific 
exceptions. The EPR gave the Government authority to curb freedom of 
movement. The Government prevented persons suspected of corruption from 
leaving the country. Law enforcement personnel prevented numerous 
persons from departing the country via Dhaka's international airport 
because they had been placed on lists of corruption suspects.
    The law does not provide for exile, which was not practiced. The 
country's passports were invalid for travel to Israel.

    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 continued to deny asylum to Rohingyas newly arriving 
from Burma. The Government categorized these refugees as illegal 
economic migrants and turned back as many persons as possible at the 
border, although to a great extent the border was porous, and attempts 
to stem the tide of migration proved unsuccessful. According to the UN 
High Commissioner for Refugees (UNHCR), some individuals the Government 
returned were likely entitled to refugee status. Some unregistered 
persons in UNHCR camps returned illegally after their official 
repatriation to Burma, sharing food and lodging with relatives who 
received rations as registered members of the camps. On a number of 
occasions, local police picked up unregistered persons outside the 
camps and imprisoned them under the Foreigners Act. There were 88 
Rohingya refugees in local prisons in the Cox's Bazaar area at year's 
end. Of these persons, four were sentenced and 84 remained detained. A 
total of 385 refugees remained on bail at the end of the year. 
According to UNHCR, this figure may be too low given the number of 
unregistered Rohingyas and those in other jails that have not reported 
their detention.
    Working with UNHCR, the Government provided temporary protection to 
approximately 28,000 registered Rohingya refugees at two official 
refugee camps and to individual asylum seekers whom UNHCR interviewed 
and recognized as refugees on a case-by-case basis. According to 
international aid organizations active in the area, there were 200,000 
to 500,000 Rohingyas not officially recognized as refugees living among 
the local population in the surrounding area of Teknaf and Cox's 
Bazaar, including approximately 10,000 at an unofficial site. There 
were no repatriations of Rohingyas.
    Working with UNHCR, the Government continued to improve conditions 
in the refugee camps following findings in recent years that 
sanitation, nutrition, and shelter conditions had fallen below minimum 
international standards. The Government permitted the UNHCR to build 
replacements for shelters and latrines and permitted more NGOs to work 
in the camps on skills training, education, and health.
    According to UNHCR, there were still cases of abuse against 
refugees, including rape, assault, domestic abuse, deprivation of food, 
arbitrary detention, and documentation problems. However, there were 
fewer such incidents reported during the year.
    As in previous years, the Government continued to ignore UNHCR 
requests to allow Rohingya refugees who were unable to return to Burma 
to work locally, get medical care, or attend school. The Government 
insisted that all Rohingya refugees remain in camps until their return 
to Burma. The Government claimed Rohingyans were not allowed to possess 
money and that money in their possession could be confiscated. In 
practice, however, enforcement of these rules remained sporadic. For 
example, many refugees worked illegally as manual laborers or rickshaw 
pullers in the unregulated economy and small numbers of students 
studied with the assistance of private tutors and participated in 
countrywide school exams.
    The Government repeatedly rejected a UNHCR proposal to grant 
refugees rights for temporary stay and freedom of movement under a 
self-reliance program.

    Stateless Persons.--On May 18, the High Court ruled that Biharis 
living in the country were citizens. Approximately 160,000-200,000 non-
Bengali Bihari Muslims who immigrated to the former East Pakistan 
during the 1947 partition and who supported Pakistan during the 1971 
war continued to live in camps throughout the country. According to 
Refugees International, many of these persons lived in unsanitary 
conditions with little access to education and medical resources. Some 
Biharis declined citizenship in 1972, and a minority was awaiting 
repatriation to Pakistan, where the Government was reluctant to accept 
them. Many of the stranded Biharis born after 1971 assimilated into the 
mainstream Bengali-speaking environment.
    In September 2007 the Election Commission (EC) announced it would 
permit Biharis who meet citizenship requirements to register to vote in 
the December 2008 elections. Approximately 80 percent of all adult 
Biharis, or 184,000, were subsequently registered.
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 elections held on the basis of universal suffrage, 
albeit with significant instances of violence.
    In January 2007 the head of state and head of the caretaker 
government, President Iajuddin Ahmed, declared a state of emergency and 
postponed elections in response to political violence and allegations 
of flaws in the preparation for national elections scheduled for 
January 22, 2007. With military support, he appointed Fakhruddin Ahmed, 
a former central bank governor, to head a new caretaker government. The 
caretaker appointed new election commissioners, whose mandate was to 
initiate electoral reform and prepare a new, unbiased voter registry. 
The EC started registration of approximately 81 million voters with 
photographs in June 2007 and completed the field level work by July 9.
    In a May 22 ruling, a High Court panel of the Supreme Court 
concluded that the EC violated the constitution because it had not held 
parliamentary elections within 90 days of dissolution of the 
parliament. The court, however, accepted the commission's decision to 
hold the election by December.
    On August 19, the Government published the Representation of the 
People (Amendment) Ordinance 2008, which significantly changed the 
electoral law that had been in place since 1972, in an attempt to 
address corruption in politics. The major political parties considered 
some of the new provisions undemocratic, such as the abolition of 
students' and women's wings and foreign chapters of the parties. Under 
the amended ordinance, candidates must reveal information about their 
education, wealth, and criminal records when they file to run for 
parliament. Political parties must submit statements to the EC 
outlining expenditures and sources of funds.
    The parliament has 345 members, 300 of whom are directly elected. 
The remaining 45 seats are reserved for women nominated by the 
political parties, based on their proportional representation within 
the 300-member group of directly elected members of parliament. Party 
leaders appoint candidates for elections, and there were allegations 
that wealthy candidates could purchase nominations from party leaders 
with campaign contributions or personal gifts.

    Elections and Political Participation.--Khaleda Zia, leader of the 
BNP, stepped down as prime minister in 2006. She had become prime 
minister following parliamentary elections in 2001, which international 
and domestic observers deemed free and fair. The 2001 elections, 
supervised by a nonparty caretaker government, took place in a climate 
of sporadic violence and isolated irregularities. The BNP formed a 
four-party coalition government with the Jamaat-e-Islami, Bangladesh 
Jatiya Party, and the Islami Oikko Jote; however, the BNP and the 
opposition AL dominated the political scene. At year's end Zia and 
former Prime Minister Sheikh Hasina Wazed of the AL had been released 
from prison but each was still facing corruption charges. In an address 
to the nation on September 20, Chief Adviser Fakhruddin Ahmed announced 
that the next national parliamentary elections would be held on 
December 18 and the upazila (sub-district) elections would be held on 
December 24 and 28. On November 2, the Chief Elections Commissioner 
amended the schedule by declaring that upazila elections would only be 
held on December 28. On December 3, in a compromise move, the EC agreed 
to hold national elections on December 29 and upazila elections on 
January 22, 2009.
    Seven women were directly elected to the last parliament. Three 
women had the status of minister: Khaleda Zia, her sister (since 
deceased, she was the Minister for Women and Children's Affairs) and 
Sheikh Hasina. Sheikh Hasina, as the leader of the opposition party, 
enjoyed the status of a cabinet minister. Three of the 67 judges of the 
Supreme Court were women.
    There was no provision for providing parliamentary seats for 
minorities. Members of minority groups constituted approximately 10.3 
percent of the population but held fewer than 3 percent of 
parliamentary seats in the parliament.

    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. Following the declaration of a state 
of emergency, the caretaker government and military took several 
significant steps to address government corruption. It appointed a 
retired chief of army staff (the country's senior defense official) as 
the new chairman of the ACC, formed a National Coordination Committee 
to help coordinate government and security forces' efforts regarding 
graft investigations, and set up several task forces to help the 
committee with its work.
    During the year the courts released 158 of the approximately 200 
high-profile graft suspects security forces detained in 2007. Among 
those detained were former prime ministers Sheikh Hasina and Khaleda 
Zia, both of whom were charged in bribery cases related to their 
government tenures. On June 11, the Government released Hasina by 
executive order to facilitate her medical treatment abroad. On 
September 11, the Supreme Court granted Zia bail.
    Using the Special Powers Act that allows preventive detention, the 
Government detained prominent business leaders. Most of those persons 
were then tried under existing anticorruption legislation. Most high-
profile cases were handled under the Emergency Power Rules and 
therefore initially denied suspects both the right to bail and the 
right to appeal their cases during the course of the trial. The Supreme 
Court, however, restored some of its bail jurisdiction through a ruling 
and exercised the authority to consider bail petitions.
    The release of many of the corruption suspects drew criticism from 
some members of civil society who stated the Government was not serious 
about fighting corruption. Government leaders argued that the 
Government and the ACC would continue to pursue corruption cases 
despite release of some suspects on bail.
    On September 1, the Government issued a gazette notification 
enforcing the establishment of the National Human Rights Commission 
Ordinance, and later formed a six-member selection committee headed by 
a Supreme Court judge to recommend names for appointment to the three-
member commission. On November 19, the President named Justice Amirul 
Kabir Chowdhury, a retired former judge of the Supreme Court, as 
chairman of the commission. He also appointed two other members of the 
Commission.
    On September 20, the Council of Advisers approved the Right to 
Information Ordinance. This replaced the Official Secrets Act which had 
helped to protect corrupt government officials.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated independently and without government restriction, 
investigating and publishing their findings on human rights cases. 
Although human rights groups were often sharply critical of the 
Government, they also practiced self-censorship.
    The Government required all NGOs, including religious 
organizations, to register with the Ministry of Social Welfare. After 
the Government declared the state of emergency, NGOs came under 
heightened scrutiny by the caretaker government and the military. 
Transparency International Bangladesh alleged that some local NGOs were 
guilty of corruption.
    According to Odhikar, on November 3, a major from RAB 3 battalion 
called to request a meeting with the Odhikar director for unspecified 
reasons. Odhikar agreed to meet the major at his office but he never 
arrived and provided no explanation for his absence afterward.
    The NGO Affairs Bureau, the office within the Prime Minister's (and 
now Chief Adviser's) Office that approves NGO projects, delayed 
approval of NGO proposals related to elections and human rights. 
Odhikar's registration was still pending with the NGO Affairs Bureau at 
year's end.
    At year's end Asudullah Al-Galib had been released on bail while 
awaiting trial for the 2005 attack on several offices of leading NGOs, 
including the Grameen Bank and the Bangladesh Rural Advancement 
Committee (BRAC). In 2005 authorities charged Al-Galib, the leader of 
Ahle Hadith, a local Islamic group, with bombing the Grameen and BRAC 
offices and targeting a series of cultural events and organizations. 
The case was still pending at year's end, although the police dropped 
charges in four out of 10 cases.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination; however, the Government did not 
strongly enforce laws aimed at eliminating discrimination. Women, 
children, minority groups, and persons with disabilities often 
confronted social and economic disadvantages.

    Women.--Laws specifically prohibit certain forms of discrimination 
against women, provide special procedures for persons accused of 
violence against women and children, call for harsher penalties, 
provide compensation to victims, and require action against 
investigating officers for negligence or willful failure of duty; 
however, enforcement of these laws was weak. In 2003 parliament passed 
an amendment to the current law, weakening provisions for dowry crimes 
and addressing the issue of suicide committed by female victims of acts 
of dishonor.
    The law prohibits rape and physical spousal abuse but makes no 
specific provision for spousal rape. According to Odhikar, there were 
454 reported incidents of rape during the year, including 202 against 
women and 252 against children. According to human rights monitors, the 
actual number of rape cases was higher because many rape victims did 
not report the incidents due to social stigma. Prosecution of rapists 
was not consistent.
    Domestic violence was widespread, although violence against women 
was difficult to quantify. Research showed that as many as 50 percent 
of women experienced domestic violence at least once in their lives. 
The Bangladesh National Women Lawyers' Association (BNWLA) reported 622 
incidents of domestic violence. Some of the reported violence against 
women was related to disputes over dowries. There was an increase in 
the number of dowry-related killings during the year. Odhikar reported 
188 dowry-related killings although other NGOs place the figure much 
higher, at 300 to 500. Domestic violence is not criminalized.
    There were no developments in the case of Tajul Islam, a 
businessman accused in 2006 of raping a 12-year-old girl who was 
working in his home. Islam fled the village when neighbors filed a case 
against him, and was at large at year's end.
    Female prostitution was legal. Male prostitution was illegal, 
although local NGOs claimed it was common in the major cities. The 
authorities generally ignored the minimum age of 18, often circumvented 
by false statements of age, for legal female prostitution. The 
Government rarely prosecuted procurers of minors, and large numbers of 
underage girls in prostitution worked in brothels. Local NGOs estimated 
the total number of female prostitutes was as many as 100,000. The UN 
Children's Fund (UNICEF) estimated in 2004 that there were 10,000 
underage girls used in commercial sexual exploitation in the country, 
but other estimates placed the figure as high as 29,000. Trafficking of 
women internally and internationally remained a problem.
    NGOs such as BNWLA ran facilities to provide shelter to destitute 
persons and distressed women and children. According to BSEHR, persons 
in safe custody were no longer housed in prisons. Courts sent most of 
them to shelter homes. In a few cases they were sent to prison as a 
transit for short periods.
    A High Court ruling in 2001 banned fatwas. Islamic tradition 
dictated that only those muftis (religious scholars) who have expertise 
in Islamic law are authorized to declare a fatwa. Despite these 
restrictions, village religious leaders sometimes made such a 
declaration in an individual case and called the declaration a fatwa. 
Such declarations could result in extrajudicial punishments, often 
against women for alleged moral transgressions.
    Incidents of vigilantism against women-sometimes led by religious 
leaders by means of fatwas-occurred. According to ASK, 20 incidents of 
vigilante justice against women occurred during the year. The 
punishments included whipping, hilla or forced marriage, exclusion from 
the community, and other forms of physical and mental repression. Acid 
attacks remained a serious problem. Assailants threw acid in the faces 
of women and sometimes men, leaving victims disfigured and often blind. 
The acid attacks often related to allegations of spousal infidelity. 
During the year, according to Odhikar, 133 persons were attacked with 
acid. Of these, 73 of the victims were women, 34 were men, and 26 were 
children.
    According to press accounts documented by ASK and BSEHR, on 
September 11, Mahmuda, a mother of two children in South Kalikapur, was 
verbally divorced by her husband during a quarrel. After the couple 
reconciled, several local influential persons, including a madrassah 
teacher, issued an edict stating that Mahmuda was divorced from her 
husband and was required to marry another person and divorce him after 
physical consummation to be eligible to remarry her original husband. 
As Mahmuda refused to undergo this ritual known as ``hilla,'' the local 
community shunned her and her family and threatened to drive them out 
of the village.
    The law provides for speedier prosecutions of acid-throwing cases 
in special tribunals and generally does not allow bail. The Women and 
Child Repression Control Act (2000) also seeks to control the 
availability of acid and reduce acid violence directed toward women, 
but lack of awareness of the law and poor enforcement limited its 
effect. Although the special tribunals were not entirely effective, 
according to the Acid Survivors Foundation, tribunals convicted 444 
persons for acid attacks since 2002, including 216 during the year.
    Women remained in a subordinate position in society, and the 
Government did not act effectively to protect their basic rights. 
Employment opportunities increased at a greater rate for women than for 
men in the last decade, largely due to the growth of the export garment 
industry. Women constituted approximately 80 percent of garment factory 
workers. Pay was generally comparable for men and women.
    On March 8, the head of the caretaker government announced a 
women's development policy that included reservation of approximately 
one-third of parliamentary seats for women, with direct election, and 
new laws to provide women with greater access to property. However, 
several Islamist groups argued that the policy sought to give men and 
women equal inheritance rights, contravening Shari'a and the existing 
Muslim Family Law. Although government advisers publicly refuted the 
claim, the Government formed a committee of Islamic scholars to review 
the policy. The committee, headed by the senior religious leader at the 
national mosque, recommended changes to the policy. Government 
officials reported, however, that elements of the women's development 
policy were implemented through other mechanisms, such as the poverty 
reduction policy.

    Children.--The Government, with the assistance of local and foreign 
NGOS, worked to improve children's rights and welfare, enabling the 
country to make significant progress in improving children's health, 
nutrition, and education. Despite the progress, according to UNICEF 
slightly fewer than half of all children remained chronically 
malnourished.
    Primary education was free and compulsory, but the implementation 
of compulsory education fell short, in part because parents kept 
children out of school to work for money or help with household chores. 
Government incentives to families sending children to school 
contributed significantly to the rise in primary school enrollments in 
recent years. Despite these efforts and contrary to established 
policies, public schools imposed fees that were burdensome to poor 
families and created a disincentive to attend school.
    There were a few government hospitals designated exclusively for 
children. Boys and girls had equal access to medical care in government 
hospitals.
    Although the legal age of marriage is 18 for girls and 21 for boys, 
underage marriage was a widespread problem. Reliable statistics 
concerning underage marriage were difficult to find because marriage 
registrations were sporadic and birth registrations to verify a 
person's age were available to approximately 10 percent of the 
population. One local human rights NGO, Mass Line Media, concluded from 
a survey in 2004 that an estimated 40 percent of all marriages could be 
considered child marriages. In an effort to reduce child marriage, the 
Government offered stipends for girls' school expenses if parents 
promised to delay their daughters' marriage until at least age 18.
    According to the Bangladesh Child Rights Forum, 47 children were 
abducted, 154 were murdered, 388 were injured in various forms of 
violence, 115 were raped, 15 were victims of acid attacks, and 394 
others were missing.
    According to human rights monitors, child abandonment, kidnapping, 
and trafficking continued to be serious and widespread problems. 
Despite advances, including the creation of a monitoring cell in the 
home ministry, trafficking of children continued to be a problem.
    Child labor remained a problem in certain industries; it frequently 
resulted in the abuse of children, mainly through mistreatment by 
employers during domestic service, and occasionally included servitude 
and trafficking for commercial sexual exploitation abroad. According to 
a 2006 study by the Bangladesh Institute of Labor Studies, attacks on 
children constituted more than 50 percent of the deaths, injuries, and 
sexual assaults reported among domestic workers during the year.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking remained a serious problem affecting men, women, 
and children. Trafficking in children for ``immoral or illegal 
purposes'' carries the death penalty or life imprisonment, and the 
Government took measures for the expeditious prosecution of 
traffickers. During the year special courts dealing with incidents of 
repression against women and children adjudicated 30 cases. Courts 
convicted 32 persons and ordered life sentences for 22 convicted 
traffickers.
    Trafficked women and children went to India, Pakistan, Bahrain, the 
United Arab Emirates, Kuwait, and destinations within the country. Men 
seeking work abroad as expatriate labor in countries such as Malaysia 
and the Middle East occasionally found themselves in exploitative 
situations of forced labor, with conditions including restrictions on 
movement, threats, and physical assault. Some women and children were 
trafficked internally for commercial sexual exploitation. Some children 
faced forced labor in the fishing industry, and entire families were 
subject to bonded labor throughout the country.
    According to government sources, law enforcement personnel rescued 
164 victims of trafficking during the year. Some of the rescued victims 
remained in government homes or at NGO-run shelters and received social 
and vocational skills training while NGOs attempted to locate their 
families.
    BNWLA rescued 232 trafficking victims from within the country and 
repatriated 545 others during the year. The actual number of persons 
arrested for trafficking was difficult to assess, as charges against 
traffickers were sometimes for lesser crimes, such as crossing borders 
without proper documents. According to the Centre for Women and Child 
Services, most trafficked boys were younger than 10 years of age, while 
most trafficked girls were between 11 and 16 years of age.
    The exact number of women and children trafficked was unknown. Most 
trafficked persons were lured by promises of jobs or marriage, and some 
were forced into involuntary servitude outside and within the country. 
Parents sometimes willingly sent their children away to escape poverty. 
Unwed mothers, orphans, and others outside the normal family support 
system were also vulnerable. For example, traffickers living abroad 
often married women and deserted them upon arrival in the destination 
country, where they would be sold into bonded labor, menial jobs, or 
commercial sexual exploitation. International criminal gangs conducted 
some of the trafficking. The border with India was loosely controlled, 
especially around Jessore and Benapole, which continued to make illegal 
border crossings easy.
    As many as 10,000 children were used in brothels for commercial 
sexual exploitation, and procurers of minors were rarely prosecuted.
    Government corruption greatly facilitated the process of 
trafficking. Police and local government officials often ignored 
trafficking in women and children for commercial sexual exploitation 
and were easily bribed by brothel owners and pimps.
    Because the number of workers traveling to Southeast Asia and the 
Middle East increased, the expatriate labor market remained lucrative. 
Labor recruiters sometimes offered nonexistent jobs or conditions that 
left migrant workers stranded upon arrival in the receiving country. 
Recruiters also often charged exorbitant fees that made workers 
extremely vulnerable to forced labor and debt bondage. Some women were 
subjected to forced prostitution upon arriving in the receiving 
country. During the year the Government closed 11 expatriate labor 
recruitment agencies because the agencies had allegedly defrauded 
workers. Former members of parliament and other senior political 
figures allegedly owned several of the agencies. The Government 
suspended the activities of seven recruiting agencies and ordered six 
to forfeit their security deposits due to fraudulent activities and 
breach of contract. In 2007 the Government agreed to eliminate the role 
of recruitment agencies and to have the Ministry of Expatriate Welfare 
recruit workers directly as part of negotiations to send expatriate 
workers to South Korea. In October 2007 the Government of Malaysia 
announced it would suspend the import of Bangladeshi expatriate 
laborers after persistent problems with recruitment agencies.
    Although a lack of resources hindered investigations, the 
Government maintained antitrafficking police units in all 64 districts 
to encourage victims to testify against their traffickers and to 
compile data on trafficking. In response to inadequately trained police 
and prosecutors, the Government worked with legal experts to provide 
specialized training to prosecutors and with the International 
Organization on Migration (IOM) to develop an anti-trafficking course 
for the National Police Academy.
    The Government continued its efforts to combat trafficking in 
persons through intensive case tracking by the trafficking monitoring 
cell at police headquarters and holding monthly interministerial 
committee meetings headed by the MOHA. The cell monitored police 
activities and assisted in prosecuting relevant cases. The Government 
had district monitoring committees headed by the deputy commissioners 
in all 64 districts in the country. These committees transmitted to 
Dhaka daily progress reports on arrests, convictions, acquittals, and 
repatriation of trafficked victims.
    The ministries of Foreign Affairs, Expatriate Welfare, and Home 
Affairs worked closely with foreign donors to develop an action plan to 
combat labor trafficking and migration issues. In 2007 the Foreign 
Ministry issued new instructions to all consular staff worldwide on how 
to handle trafficking cases abroad and introduced training courses for 
director-level Foreign Ministry officials in labor trafficking issues. 
During the year 25 foreign ministry officials received training to 
enhance their capacity to protect the victims of human trafficking. In 
addition, 12 labor attaches received training on ensuring migrant 
workers' rights and monitoring the compliance of contractual agreements 
in destination countries.
    During the year the MOHA arrested 178 persons on trafficking 
charges and disposed of 37 trafficking cases. Of those cases, 43 
persons were convicted, 32 of whom were sentenced to life imprisonment. 
Although the death sentence exists for convicted human traffickers, no 
death sentences were handed down during the year. The Government's 
efforts remained focused primarily on the trafficking of women and 
children. Government projects included conducting awareness campaigns, 
research, lobbying, and rescue and rehabilitation programs.
    The MOHA secretary continued to meet monthly with NGOs working on 
antitrafficking issues to facilitate coordination and cooperation 
between the Government and civil society. The MOHA continued awareness 
and motivation campaigns to combat trafficking in persons. During the 
year, MOHA, in consultation with NGOs and other stakeholders, enhanced 
its information campaign policy by incorporating definitions of 
trafficking in persons that referenced special courts dealing with 
incidents of repression against women and children and applicable 
national and international legal provisions. MOHA also formed a 
committee to adopt a national plan of action to combat human 
trafficking in the country.
    Since 2005 a cooperative effort among NGOs, the Government, and the 
UAE resulted in the repatriation of 199 camel jockeys, 198 of whom were 
reunited with their biological parents. Authorities from the Government 
and the NGO community continued to monitor the repatriation, 
rehabilitation, and social integration of the former camel jockeys. All 
camel jockeys received 104,000 taka ($1,500) as compensation. The 
Government, with assistance from UNICEF, initiated the second phase of 
the camel jockey rehabilitation project to focus on ensuring the 
sustainability of community care groups and livelihood options for 
victims.
    Many NGOs, community-based organizations, and local government 
leaders worked on trafficking through prevention, research, data 
collection, documentation, advocacy, awareness creation, and 
networking, cross-border collaboration, legal enforcement, rescue, 
rehabilitation, and legislative reform. Despite constraints such as 
lack of birth and marriage records at the village level, trafficking 
cases were prosecuted. There was limited success in increasing shelter 
capacity and developing rehabilitation programs, including skills and 
vocational training, to facilitate sustainable social reintegration of 
the survivors.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law provides for equal treatment 
and freedom from discrimination for persons with disabilities; in 
practice, persons with disabilities faced social and economic 
discrimination. The law focuses on prevention of disability, treatment, 
education, rehabilitation and employment, transport accessibility, and 
advocacy.
    The Ministry of Social Welfare, the Department of Social Services, 
and the National Foundation for the Development of the Disabled were 
the Government agencies responsible for protecting the rights of 
persons with disabilities.
    Government facilities for treating persons with mental handicaps 
were inadequate. Several private initiatives existed for medical and 
vocational rehabilitation, as well as for employment of persons with 
disabilities.

    Indigenous People.--Tribal people had marginal ability to influence 
decisions concerning the use of their lands. There was little progress 
in the implementation of the 1997 Chittagong Hill Tracks Peace Accord. 
The Government refused to cede responsibility for key functions such as 
land use and natural resources to local authorities, as the accord 
called for. Law and order problems and alleged human rights violations 
continued, as did dissatisfaction with the implementation of the Peace 
Accord.
    The Government allowed some mobile phone and Internet coverage to 
the three Hill Tract districts. Although the Government cited security 
concerns as the reason for limiting coverage, human rights groups and 
local officials claimed that lack of coverage was also aimed at 
stunting the development of the region. The Land Commission dealing 
with land disputes between tribal individuals and Bengali settlers did 
not function effectively in addressing critical land disputes. Tribal 
leaders remained disappointed with the lack of assistance to those who 
left the area during the insurgency. Local human rights organizations 
alleged that security forces took advantage of the state of emergency 
to increase human rights abuses, including arbitrary arrests, against 
indigenous people.
    In February 2007 the Government withdrew 16 temporary camps of 
security forces in the Rangamati area of the Hill Tracts. Since the 
signing of the 1997 Peace Agreement, the Government has withdrawn 212 
camps, leaving approximately 270 camps. The Government did not conduct 
further withdrawals in the region.
    The conflict continued between the Parbattya Chattagram Jono 
Sanghati Samity (PCJSS), which signed the 1997 Peace Agreement with the 
Government, and the United Peoples' Democratic Front (UPDF), which is 
opposed to the Peace Agreement. There were no further updates regarding 
the 2007 killing of PCJSS activist Vinku Kumar Chakma.
    Tribal organizations continued to allege that security forces 
abused the indigenous population of the Hill Tracts. There were no 
updates to the 2007 land dispute in Mahalchari in Khagrachari district.
    The PCJSS and indigenous leaders alleged that Joint Forces 
personnel led by the army took advantage of the state of emergency to 
step up ``suppressive actions'' against indigenous people, including 
arrests and filing of false cases. According to their report, 
individuals could not protest due to the state of emergency.
    There were no developments in the March 2007 arrest of UPDF members 
Bimol Bikash Chakma and Milon Bihari Chakma.
    Tribal people in other areas continued to report loss of land to 
Bengali Muslims. The Government continued work on national park 
projects on land traditionally owned by indigenous communities in the 
Moulvibazar and Modhupur forest areas. In addition, indigenous 
communities, local human rights organizations, and churches in the area 
continued to claim that the Government had yet to withdraw thousands of 
false charges the Forestry Department filed against indigenous 
residents.

    Other Societal Abuses and Discrimination.--Homosexual acts remained 
illegal; in practice the law is rarely invoked.
    There were some informal support networks for homosexual men, but 
organizations to assist lesbians were rare.
    Attacks on homosexuals were known to occur but difficult to track 
because victims desired confidentiality; there was a social stigma 
surrounding homosexuality; and local human rights groups did not 
monitor the problem. There were few studies on homosexuality in the 
country.
    There were no reported cases of violence or discrimination against 
HIV/AIDS patients. NGOs believed this was partly a function of the 
refusal of victims to self-identify and an absence of research given 
the relatively low rate of HIV/AIDS in the country.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
join unions and, with government approval, the right to form a union; 
Export Processing Zones (EPZs) have a separate set of labor laws. In 
practice the Government did not consistently respect the right of 
association. After the Government enforced the EPR, the right of labor 
unions to meet lawfully, conduct activities, or hold public 
demonstrations was suspended. Additionally, during the year several 
labor leaders and organizations reported intimidation and scrutiny by 
security forces. In September the Government relaxed portions of the 
EPR to allow for some union and labor activities, and when the state of 
emergency was fully lifted all activities resumed. The measure had 
little practical impact on the constraints on forming and registering 
unions and did not affect the Workers Representation and Welfare 
Committees that are allowed in the EPZs.
    The total labor force was approximately 50 million, of whom 
approximately 1.9 million belonged to unions, many of which were 
affiliated with political parties. There were no reliable labor 
statistics for the large informal sector in which the majority (nearly 
80 percent) of citizens worked.
    Overall implementation of labor regulations in the EPZs was 
inconsistent. EPZ-specific labor laws allowed workers to organize into 
``workers associations,'' which have collective bargaining rights. 
These laws allowed the formation of workers representation and welfare 
committees starting in 2006, followed by the workers association in a 
two-stage process with the ultimate aim of achieving full rights of 
association, namely workers unions. Many workers associations were not 
formally registered. According to labor groups, approximately 60 
percent of factories in the EPZs had workers associations in place.
    Workers filed legal cases against EPZ factories that did not follow 
the Bangladesh Labor Act of 2006 (BLA), and the courts made no 
decisions on this point. According to the law a workplace cannot have 
more than three trade unions operating at the same time. On May 4, 
through an amendment of the BLA, the Government declared that no trade 
union office can be established inside or within 200 meters of any 
industrial institution or group of institutions. Therefore, any trade 
union offices within these limits must be moved within three months of 
the date that the amendment was implemented.
    The BLA consolidated laws from 25 separate acts into one 
comprehensive law. The Director of Labor is responsible for the 
registration and abolition of unions. During the year some unions were 
deregistered, primarily for labor law violations. The law afforded 
unions the right of appeal in the case of abolition or denial of 
registration.
    The law recognized the right to strike if 75 percent of union 
membership consented to strike. In practice few strikes followed legal 
requirements; often, strikes or walkouts occurred based on the 
spontaneous decisions of workers, sometimes prompted by rumors.
    The law established mechanisms for conciliation, arbitration, and 
labor court dispute resolution. The law enhanced and facilitated the 
process of dispute resolution. Workers have the right to strike in the 
event of a failure to reach settlement. If a strike lasts 30 days or 
longer (less in cases of public safety or national interest), the 
Government can curtail or prohibit the strike and refer the dispute to 
the labor court for adjudication. However, because most strikes were 
conducted outside the legal provisions for conducting a strike, the 
Government did not exercise its authority to curtail them. The 
Government did file cases against some striking labor leaders and 
workers for destruction of property, blocking roads, or violation of 
EPR provisions. In some cases, the appeals courts subsequently 
acquitted strikers.
    A separate law, the EPZ Workers' Association and Industrial 
Relations Act (EWAIRA) specified association rights in EPZs, although 
EPZ authorities did not recognize the broader applicability of the BLA, 
which covered workers' rights beyond the freedom of association.
    Under EWAIRA, starting in 2006, workers were permitted to form 
workers' associations that would have the legal right to strike. A 
special provision prohibited striking until the end of the current 
year, however, and instead required mandatory arbitration. Other 
provisions of EWAIRA allowed collective bargaining but did not permit 
affiliation with labor organizations outside the EPZ.
    Unions were highly politicized and were strongest in state-owned 
enterprises, including jute mills, textile mills, chemical industries, 
and the government-run Port of Chittagong.
    Civil service and security force employees were legally prohibited 
from forming unions. Teachers in the public and private sector had 
previously been banned from forming trade unions. However, in practice, 
many teachers and professors formed long-standing professional 
associations without the rights of a union. In 2006 new categories of 
workers, including teachers and NGO workers, were permitted to form 
unions. Due to the broad limitations on union organizing during the 
state of emergency, these regulations were not formally instituted. The 
BLA also has specific provisions allowing workers in specialized fields 
in civil aviation and on ocean-going vessels to form trade unions.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the rights of workers to organize and bargain collectively 
without interference, but that right was not always effectively 
enforced. The BLA includes provisions protecting unions from employer 
interference in organizing activities. Implementation of these 
provisions was uneven, and many private sector employers discouraged 
union activity. Some employers fired workers suspected of organizing or 
sympathizing with unions, placed informants in work areas, and 
intimidated workers with threats of violence.
    The Director of Labor ruled on union-organizing discrimination 
complaints outside the EPZs. Throughout the year the labor court 
ordered reinstatement of workers who had been fired for union 
activities, but a large backlog of unresolved cases remained. Most 
workers in such cases, however, sought financial compensation rather 
than reinstatement. Of the 329 cases lodged during the year, only 10 to 
15 sought reinstatement with the employer. Increasingly, labor disputes 
were settled informally prior to scheduled hearing dates in the labor 
court.
    Under the BLA, legally registered unions are entitled to bargain 
collectively with employers. The BLA simplified and clarified the 
procedure for selecting a collective bargaining agent and specified 
time limits for steps in the process. Labor organizations reported that 
in some companies, workers feared reprisals and did not exercise their 
collective bargaining rights.
    EPZ officials interpreted their regulations and applicable laws 
narrowly, and claimed they were exempt from the broader labor law. 
Labor groups challenged this claim. For example, the EPZ did not permit 
Worker Representation and Welfare Committee (WRWC) members to meet with 
WRWC members in other factories. Some factory managers strongly 
discouraged workers from meeting outside labor groups and sometimes 
terminated workers who disregarded these warnings. The challenges to 
EPZ officials were ongoing at year's end.
    Pursuant to the law, individual factory owners received prior 
authorization from the Bangladesh Export Processing Zone Authority 
(BEPZA) Executive Chairman to terminate WRWC employees for no cause, or 
to dismiss them for cause. In cases where the grounds for termination 
were believed to be the worker's labor organization activities, 
workers' groups protested the decision to the BEPZA Executive Chairman. 
The chairman claimed his office held every employer personally 
accountable for termination, though workers' groups reported that this 
was not fully enforced.
    Federations of workers associations within the EPZ were permitted. 
As in previous years, the Government did not establish an EPZ labor 
tribunal or an EPZ labor appellate tribunal as required by EWAIRA. 
Workers in EPZs began filing complaints in the national labor courts to 
enforce broader legal rights in the EPZs, in addition to provisions of 
the EWAIRA.
    Throughout the year labor organizers reported acts of intimidation 
and abuse as well as increased scrutiny by security forces and the 
National Security Intelligence Agency. Sporadic labor unrest occurred 
throughout the country. In the wake of unrest, labor organizers 
reported frequent acts of intimidation and abuse, arbitrarily locked 
out employees, firing of workers, and increased scrutiny by security 
forces.
    Authorities sometimes arrested labor organizers in what some NGOs 
considered a crackdown on labor rights activists. For example, on 
January 24, authorities arrested Mehedi Hasan of the Worker's Rights 
Consortium because he had investigated the worker protests. NGOs 
alleged that the Government arrested him in an attempt to intimidate 
labor organizers from launching similar protests. Largely due to 
significant international pressure, authorities released Hasan on 
February 3.
    Similarly, on January 18, according to media reports and Odhikar, 
police arrested 11 labor workers due to their involvement in labor 
protests in Mirpur and Kachukhet. During the protests, police used 
clubs and tear gas to disperse the crowd, injuring approximately 100 
protesters. Among others, four of the labor organizers were arrested on 
charges of violating the Emergency Powers Rules; in addition, one was 
charged with assault of an officer, and the others were charged with 
vandalizing garment factories and vehicles. Two of the charges remained 
pending at year's end.

    c. Prohibition of Forced or Compulsory Labor.--The BLA prohibits 
forced or bonded labor and labor by children younger than 14, although 
in some occupations children between 12 to 14 years of age may legally 
work. The Government has not enforced these prohibitions effectively. 
The BLA created inspection mechanisms to strengthen laws against forced 
labor, but these laws were not enforced.
    The Government succeeded in eliminating some bonded and forced 
labor from large-scale industries. However, in some industries, such as 
tanning hides, ship breaking, shrimp processing, restaurants, and 
domestic servitude, labor groups, NGOs and newspapers reported child 
labor.
    There continued to be numerous reports of violence against domestic 
workers. The Government continued to bring criminal charges against 
employers who abused domestic servants. Many impoverished families 
chose to settle for financial compensation. Trafficking of women and 
children remained a problem.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
BLA regulates child employment depending on the type of work and the 
child's age. Because of widespread poverty many children began to work 
at a young age. In 2006 the International Labor Organization (ILO) 
released a 2005 Baseline Survey for Determining Hazardous Child Labor 
Sectors, which estimated that of the 2.2 million workers in 45 targeted 
hazardous sectors, 532,000 child workers age five to 17 did hazardous 
labor. According to the survey, no children worked in ship breaking, 
manufacture of cigarettes, manufacture of pesticides, or fireworks 
manufacture during the survey period. According to the study, child 
labor prevailed in hazardous establishments such as saw milling, 
battery recharging, welding, metal works, and carpentry. In addition, 
the report concluded that children were verbally and physically abused.
    During the year the Government, with ILO support, established a 
child labor unit at the Ministry of Labor and Employment to coordinate 
planning and execution of all child-related labor interventions.
    Children routinely performed domestic work. The Government 
occasionally brought criminal charges against employers who abused 
domestic servants. Under the law every child must attend school through 
grade five or the age of 10 years, but there is no effective legal 
mechanism to enforce this provision.
    There was little enforcement of child labor legislation outside the 
export garment sector. The BLA specifies penalties for child labor 
violations, typically nominal fines of less than 5,000 taka ($80). 
Agriculture and other informal sectors that had no government oversight 
employed large numbers of children.

    e. Acceptable Conditions of Work.--The National Minimum Wage Board 
(NMWB) announced a new national minimum wage in 2007 for all economic 
sectors not covered by industry-specific wages at 1,800 taka a month 
($26.50). Given the low standard for minimum wages and high inflation, 
worker advocacy groups stated that none of the set minimum wages were 
sufficient for a decent standard of living. The NMWB convenes every 
five years in a tripartite forum to set wages and benefits industry by 
industry, using a skill-level range. In the garment industry, wages 
were sometimes higher than the minimum required wages, due to skilled 
labor shortages. Wages in the EPZs were considerably higher than 
general national wage levels. It was also common practice for garment 
factories to force workers to work overtime, delay their pay, and deny 
full leave benefits.
    The Bangladesh Garment Manufacturers and Exporters Association 
(BGMEA) reported implementation of the minimum wage at nearly 99 
percent compliance in the factories surveyed. BGMEA identified 32 
noncompliant garment factories as subcontracting operations. Workers 
groups contested BGMEA's sampling methods.
    The BLA established occupational health and safety standards. 
Workers groups stated that legally established standards were 
sufficient, but they were rarely implemented. Workers may resort to 
legal action for enforcement of the law's provisions, but few cases 
were prosecuted. Enforcement by the Labor Ministry's industrial 
inspectors was weak, due to the low number of labor inspectors and 
endemic corruption and inefficiency among inspectors. Because of a high 
unemployment rate and inadequate enforcement of the laws, workers 
demanding correction of dangerous working conditions or refusing to 
work under hazardous conditions risked losing their jobs. A work day is 
eight hours; however, a worker may work 10 hours a day in certain 
instances. Overtime is permitted but the employer must pay double the 
basic wage and other allowances and ad hoc or interim wage for the 
overtime work.
    A standard work week is 48 hours but can be extended up to 60 
hours, subject to the payment of overtime allowances. However, annually 
the average weekly working hours should not exceed 56 hours. Workers 
must get one hour of rest if they work for more than six hours a day, 
one-half hour of rest if the worker needs to work more than five hours 
a day, and one hour's rest at intervals for more than eight hours' work 
in a day. Factory workers receive one day off every week. Shopworkers 
receive one and one-half days off per week.

                               __________

                                 BHUTAN

    Bhutan is a democratic, constitutional monarchy with a population 
of approximately 700,000. During the year the country completed its 
transition from a hereditary monarchy. On July 18, the parliament 
formally adopted the constitution, originally drafted in 2003 and 
published in 2005. On March 24, citizens elected a national assembly of 
the new bicameral parliament, while elections in December 2007 
installed the national council. The current King. Jigme Khesar Namgyel 
Wangchuck, is the head of state, and executive power is vested in the 
cabinet, headed by the prime minister. The civilian authorities 
generally maintained effective control of the security forces.
    The transition to a parliamentary democracy helped the human rights 
situation to improve considerably; however, there were continued 
difficulties with the regulation of religion, and some discrimination 
against the ethnic Nepalese minority.
    In January and February several bomb blasts hit the country's 
southern districts prior to the March 24 elections. The Government 
blamed the blasts on Maoists and ethnic Nepalese rebels. A human rights 
group alleged that the Government unlawfully detained 50 suspected 
Maoists in connection with the blasts, but there was no specific 
evidence to support this charge. On December 30, United Revolutionary 
Front of Bhutan (URFB) rebels attacked a group of forest workers, 
killing four 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 
or other disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, however, in contrast to 
previous years, some human rights groups alleged that the army 
mistreated arrested cadres of the Bhutan Communist Party o- Marxist 
Leninist Maoist (BCP-MLM) after a string of bomb blasts prior to the 
March elections. The South Asia Human Rights Documentation Centre 
(SAHRDC) received anecdotal information from Indian border towns that 
the Government detained Maoist leaders and denied them food and medical 
treatment. There was no confirmation of these allegations.

    Prison and Detention Center Conditions.--Prison conditions were 
reportedly satisfactory, and buildings and installations remained in 
fairly good condition. In November 2007 the International Committee of 
the Red Cross (ICRC) visited the Lodrai sub-district jail and Chamgang 
central jail. In both locations authorities kept prisoners incarcerated 
for politically motivated crimes in areas separate from common 
criminals. The Government extended the ICRC prison visits program for 
an additional year, as it had done annually since the Government and 
the ICRC signed a five year Memorandum of Understanding (MOU) in 1998. 
Authorities have been cooperative and allowed the ICRC unhindered 
access. The MOU is routinely renewed every year for the following year. 
The latest one is valid for one year starting October 20. However, the 
ICRC did not make their annual visit to the country due to the King's 
coronation celebration but planned to come in early 2009.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. However, a human rights group reported that 50 CPM-MLM 
cadres arrested in connection with the bomb blasts in January and 
February continued to be detained, although no information was 
available regarding their whereabouts or whether they had been charged.

    Role of the Police and Security Apparatus.--The Royal Bhutan 
Police, under the control of the Ministry of Home and Cultural Affairs, 
was responsible for internal security. The Royal Bhutan Army was 
responsible for external threats but also some internal security 
responsibilities, such as guarding forests, providing security for 
important persons, and conducting counterinsurgency operations. The 
army and police both have internal investigative procedures, and a 
court of inquiry undertakes the investigation of any allegation of 
inappropriate conduct. If a case arises, the King or another senior 
official makes the final decision. In corruption cases, the Anti-
Corruption Commission (ACC) is authorized to investigate.

    Arrest and Detention.--Under the law police may not arrest a person 
without a warrant, and in practice the police generally respected the 
law, which requires an immediate statement of the charge and a 
reasonable effort to inform the person's family. The authorities are 
required to bring an arrested person before a court within 24 hours, 
exclusive of travel time from place of arrest. Bail is available 
depending on the severity of charges, the suspect's past criminal 
record, likelihood of flight, and potential threat to the public. 
Unlike previous years, no ethnic-Nepalese or Bhutanese attempted to 
return to the country through camps in Nepal. There were no attempts to 
hold demonstrations on the border during the year. ICRC and the Nepal 
Red Cross Society continued to partially reimburse the travel fare for 
the families of detainees living in camps administered by the United 
Nations High Commissioner for Refugees (UNHCR) in Nepal wishing to 
visit their relatives detained in Chamgang. ICRC authorities offered 
families living in neighboring countries assistance to visit relatives 
held in the country. In addition, the ICRC relayed Red Cross messages 
between detainees and their families.

    e. Denial of Fair Public Trial.--In January 2007 the Government 
passed the Judiciary Services Act (JSA), establishing the formal 
separation of the judiciary from the executive. The act established 
conduct standards for judges and other judicial service personnel. In 
practice the judiciary generally enforced the right to a fair trial. 
The judiciary is overseen by the National Judicial Commission (NJC).
    The JSA created a Supreme Court that has the responsibility of 
overseeing the interpretation and application of the constitution. The 
judicial system consists of subdivisional courts, district courts, and 
a high court. The NJC nominates and the King confirms judges to the 
High Court and 20 district court justices. Judges may be removed, 
suspended, or censured by the King only at the request of the NJC. The 
chief justice of the High Court, using recommendations of the Judicial 
Service Council, makes judicial appointments to the subdivisional 
courts.
    The Office of Legal Affairs (OLA) is the judicial support 
department of the Government and conducts state prosecutions, drafts 
and reviews legislation, and renders legal counsel. The OLA consists of 
a legal services division with domestic, international, and human 
rights sections, and a prosecution division with both a criminal and 
civil section.
    Village headmen, who have the power to arbitrate disputes, 
constituted the bottom rung of the judicial system. Magistrates with 
responsibility for a block of villages reviewed the decisions of 
village headmen. Magistrates' decisions could be appealed to district 
judges; there was one for each of the country's 20 districts.

    Trial Procedures.--The law stipulates that defendants receive a 
fair and speedy trial, as long as it does not limit the ability of the 
accused to prepare an adequate defense, and the Government generally 
respected these conditions in practice. A preliminary hearing must be 
convened within 10 days of registration with the appropriate court. 
Before any guilty or no contest plea is registered, the court must 
determine whether the accused is mentally sound and understands the 
consequences of such action. Defendants enjoy a presumption of 
innocence, and cases must be proved beyond a reasonable doubt. Juries 
were not used. Punishments included imprisonment, probation, fines, or 
restitution. Defendants have the right to appeal to the High Court and 
may make a final appeal to the King. who traditionally delegated the 
decision to the Royal Advisory Council. Trials were conducted publicly, 
except for family law and cases involving juveniles.
    Citizens generally had the right to a fair trial. Courts tried 
criminal and civil cases under both customary law and the legal code. 
State appointed OLA prosecutors filed charges and prosecuted cases for 
offenses against the state. In other cases the relevant organizations 
and departments of government filed charges and conducted the 
prosecution. Defendants and their attorneys had access to government-
held evidence.
    The law provides for the right to representation in criminal cases, 
including state provision of counsel pro bono when the defendant cannot 
afford to pay. However, in practice there are no instances of the 
Government providing free legal counsel to political opponents, and 
many citizens who were unable to afford representation did not receive 
professional legal assistance. Defendants may choose legal 
representation from a list of government licensed advocates. The 
Government stressed the utility of judiciary Web sites for legal 
information as a means of self-help. The OLA stated that most 
defendants sought legal assistance only in serious criminal cases.

    Political Prisoners and Detainees.--During the year the Human 
Rights Organization of Bhutan estimated that the Government released 
four or five individuals who had been imprisoned for violence 
associated with political dissidence from 1991 to 1992. No ICRC visits 
took place during the year. However, in 2007 the Government permitted 
ICRC regular access to 37 detainees and the ICRC monitored 41 newly 
registered cases, visiting 78 detainees in total. The ICRC facilitated 
the distribution of 120 Red Cross messages from family members to 
detainees.
    Several nongovernmental organizations (NGOs) asserted that while 
some of the detainees were sentenced to life in prison, other sentences 
varied and most ranged from three months to three years.

    Civil Judicial Procedures and Remedies.--Criminal matters and most 
civil matters are resolved by application of the 17th century legal 
code as revised in 1957 and 2001. Precedence is not used in the 
delivery of justice. Questions of family law are governed by 
traditional Buddhist or Hindu law. Minor offenses are adjudicated by 
village headmen.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions.
    Human rights groups claimed that the Government interfered with 
individual rights by requiring all citizens, including minorities, to 
wear the traditional dress of the ethnic majority in public places. The 
Government strictly enforced the law only for Buddhist religious 
buildings, government offices, schools, official functions, and public 
ceremonies. Increasingly, younger citizens flouted this regulation.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
In January and February a series of five explosions occurred, including 
one in the capital, Thimphu, which injured 11 persons. The Government 
blamed the attacks on Maoists and ethnic Nepalese rebels, including the 
BCP-MLM, the Bhutan Tiger Force, and the URFB. Security forces on both 
sides of the border suggested that the Maoist groups frequently crossed 
into India to purchase weapons and explosives; consequently, during the 
year, both countries fortified the 250-mile border.
    Ethnic Nepalese political organizations, such as the HUROB, claimed 
that security forces harassed persons in the southern part of the 
country.
    On January 16, a Royal Bhutan Army (RBA) patrol exchanged fire with 
a group of militants in Lower Dhanessey, in Tsirang. RBA reported that 
the militants came from the refugee camps in Nepal.
    On January 20, four bomb explosions occurred in four districts: 
Samste, Thimphu, Chukha, and Dagana. The URFB claimed responsibility.
    On February 3, police reported that a bomb exploded behind the 
Renewal Natural Resources office in Ghmauney. There were no casualties. 
Near the scene of the explosion, police allegedly found BCP-MLM 
pamphlets threatening to disrupt the national assembly elections.
    In March police reported that they raided two small Maoist camps in 
the jungles of the southern districts and arrested eight rebels, 
including a Maoist ``commander.'' Police also claimed that they killed 
at least five suspected Maoists during several operations in the same 
month.
    On March 13, police reported that Bik Bahadur Subba died while 
handling an explosive device at his house. Police claim that Subba was 
a member of BCP-MLM and was one of four militants responsible for 
planting two bombs in Dagapela on January 20.
    On March 15, two blasts destroyed the base of an electric tower in 
Ahley village of the Chukha district. The tower transports hydropower 
from the Tala project to India. The URFB allegedly left pamphlets 
claiming responsibility.
    On December 30, URFB rebels attacked a group of forest workers in 
the Sarpang district in southern part of the country. The rebels had 
planted an improvised explosive device on the road and opened fire on 
the workers after the explosion. The attack killed four forest workers 
and injured two others.
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 attempted 
occasionally to impede criticism and monitor political meetings.
    Individuals were able to criticize the Government publicly.
    Several independent newspapers operated freely and published 
stories critical of the Government. Foreign newspapers and magazines 
were available. In May 2007 the Government proposed controls on 
advertising; after many unfavorable newspaper editorials, the 
Government withdrew the proposal.
    The Government allowed foreign broadcasts. Private radio and 
television stations were active and expressed a variety of views, 
although the Government may have limited the number of television 
channels available. In April 2007 a private radio station, Radio Valley 
FM, began operations in English and Dzongkha. International 
organizations maintained that the operational costs were often more 
prohibitive than government restrictions. The Government did not censor 
content.

    Internet Freedom.--Individuals and groups could generally engage in 
peaceful expression of views via the Internet, although there were some 
reports of government restrictions. The Government blocked access to 
two news sites, bhutantimes.com and bhutannews.com. Government 
officials said forum discussions on bhutantimes.com were too critical 
of Minister Sangey Nidup, maternal uncle of the King. In August 2007 
bhutantimes.com reported that the Government lifted its block on 
service within the country. Bhutannews.com was no longer operational at 
year's end. The Government continued to monitor material on the 
Internet and blocked what it deemed pornographic.

    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 to freedom of 
peaceful assembly and freedom of association, with the caveat that 
membership to associations that are ``harmful to the peace and unity of 
the country'' are excluded. In January 2007, according to SAHRDC, a 
group of ethnic Nepalese staged a protest in Phuntsholing as part of 
their continuing effort to pressure the Government to resolve the 
Bhutanese refugee problem in Nepal. Police arrested the demonstrators 
and handed them to the Jaigaon police of West Bengal in India.
    NGOs that work on overtly political issues were not allowed to 
operate inside the country. In December 2007 the Samtse District Court 
in the southwest sentenced 30 members of the BPB-MLM, based in Nepal, 
for alleged acts of sedition. In recent years, security forces arrested 
citizens for taking part in peaceful prodemocracy demonstrations. They 
also arrested and deported Southern Bhutanese refugees living in Nepal 
who entered and demonstrated inside the country for the right to return 
home.

    Freedom of Association.--The law provided for freedom of 
association, and the Government permitted the registration of some 
political parties and organizations. However, the Government did not 
permit political parties organized by ethnic Nepalese citizens. 
According to international NGOs, local civil society organizations 
attempted to balance criticism of the Government to foster a mutually 
comfortable working relationship.

    c. Freedom of Religion.--Mahayana Buddhism is the state religion; 
however, the law provides for freedom of religion. There were 
allegations that the Government restricted this right in practice.
    The Government favored the Drukpa Kagyupa and Ningmapa Buddhist 
groups through subsidization of monasteries and shrines, as well as aid 
for monks. The Government stated its actions were in accordance with a 
1956 agreement following its seizure of Buddhist land for 
redistribution to landless citizens. Societal pressure to practice 
Buddhism was not apparent. Major Buddhist holy days are state holidays. 
The King declared one major Hindu festival a national holiday, with 
royal family participation.
    NGOs reported that the Government required permission to build 
religious temples but rarely granted it for non-Buddhist buildings. 
Followers of religions other than Buddhism and Hinduism were free to 
worship in private homes but could not erect religious buildings or 
congregate in public. International Christian relief organizations and 
Jesuit priests were active in education and humanitarian activities. 
Proselytism and forced conversion are barred under the National 
Security Act, which prohibits speech that promotes ``enmity or hatred'' 
between religious groups. Violation of the law is punishable with up to 
three years' imprisonment, although government enforcement of this 
provision was unclear.

    Societal Abuses and Discrimination.--According to dissidents living 
outside the country, the Government permitted only Drukpa Kagyupa and 
Ningmapa Buddhist religious teaching in schools. Some dissidents 
claimed that Buddhist prayer was compulsory in all government-run 
schools; however, the Government contended that Buddhist teaching was 
permitted only in monastic schools and that religious teaching was 
forbidden in other schools. Local NGOs confirmed that although students 
took part in a prayer session each morning, it was nondenominational 
and noncompulsory. Government authorities occasionally asked applicants 
to state their religion before rendering public services. The 
Government required all civil servants to take an oath of allegiance 
that did not have religious content but was administered by a Buddhist 
Lama. There were no reports of Hindus and Christians in government 
service being denied promotions.
    The country does not have a Jewish population, and there were no 
reports of anti-Semitic acts.
    The formal practice of Hinduism is permitted.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for these rights, 
but the Government limited them in practice. In districts along the 
Chinese and Indian borders, the Government administered highway 
checkpoints and required travelers to show their citizenship identity 
cards.
    The law does not address forced exile. Although the Government 
officially does not use formal exile, there were over 100,000 ethnic 
Nepalese Bhutanese living in refugee camps in Nepal and India after a 
government campaign in the 1980s forced them out of the country. While 
the Government has agreed, in principle, to accept many into the 
country, they have declined requests to visit the refugee camps. In 
previous years many political dissidents freed under government amnesty 
stated they were released on the condition that they depart the 
country. The Government denied this assertion. Many of those released 
subsequently registered at refugee camps in Nepal, while some relocated 
to India.
    The Government restricted emigration and prohibited the return of 
citizens who left the country. The country's citizenship laws state 
that persons who have left the country of their own accord, without the 
knowledge or permission of the Government, or whose names are not 
recorded in the citizenship register maintained in the Ministry of Home 
Affairs (MHA), would not be considered citizens of the country. Some 
dissidents and human rights groups claimed that the Government wrote 
the law specifically to deny citizenship to ethnic-Nepalese Bhutanese. 
Human rights groups also alleged that some ethnic Nepalese with 
relatives in the camps faced insurmountable bureaucratic challenges and 
were denied identification cards for procedural reasons. As a result, 
these individuals were unable to participate in the election process.

    Protection of Refugees.--The law does not provide for granting 
asylum 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.
    From 1990 to 1993 more than 80,000 ethnic-Nepalese Bhutanese 
entered Nepal. Approximately 15,000 additional refugees fled Nepal to 
India, but UNHCR did not accord them refugee status. According to Human 
Rights Watch (HRW), there were between 25,000 and 45,000 unregistered 
ethnic-Nepalese Bhutanese refugees living outside refugee camps in 
India and Nepal who also did not have Bhutanese citizenship, rendering 
these persons stateless. The Government has stated its commitment to 
receiving ``genuine'' refugees wishing to return voluntarily from the 
camps but maintains that only a small number of persons in the Nepali 
camps are genuine Bhutanese.

    Stateless Persons.--Implementation of a government conducted 
nationwide census in 1985 resulted in the denationalization of many 
ethnic-Nepalese Bhutanese. The census was redone in 1988-1989 in the 
southern districts. At that time persons were required to present land 
ownership documents from 1958. Those who then lost citizenship under 
the 1985 law were permitted to re-apply for citizenship provided that 
certain conditions were met. The Government considered those who could 
not meet the harsher citizenship requirements as illegal immigrants. 
Beginning in 1988 the Government expelled large numbers of ethnic-
Nepalese Bhutanese under the 1985 citizenship law.
    The law provides for the revocation of the citizenship of any 
naturalized citizen who ``has shown by act or speech to be disloyal in 
any manner whatsoever to the King. country, and people of Bhutan.'' The 
MHA later declared that any nationals leaving the country to assist 
``antinationals,'' and the families of such persons, would forfeit 
their citizenship. The law permits re-application for citizenship after 
a two-year probationary period. The Government re-issued citizenship 
upon successful completion of the probation period and a finding that 
the person in question is not responsible for any act against the 
Government.
    There were allegations that the Government sponsored discrimination 
targeted at the remaining ethnic-Nepalese Bhutanese living in the 
country through restrictive citizenship laws. Ethnic-Nepalese Bhutanese 
must meet very strict criteria to be considered ``genuine'' Bhutanese 
and obtain citizenship and security clearances in the form of No 
Objection Certificates (NOCs). Without citizenship they are stateless 
and face discrimination with regard to education, employment, and land 
ownership.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The country completed its successful transition from a hereditary 
monarchy to a constitutional monarchy, marking the final step in the 
transition to a parliamentary democracy. National Assembly elections 
took place in March, and on July 18, the constitution was adopted. The 
constitution stipulates limited rights to change the Government, a 
separation of powers, and protection of human rights.

    Elections and Political Participation.--In March 2007 the 
Government began allowing political parties to register for the first 
time under terms of the draft constitution. Three parties registered 
with the Election Commission of Bhutan (ECB). In November 2007 the ECB 
disqualified the Bhutan People's United Party, for ``failing to prove 
its credibility'' as a national political party because its candidates 
did not meet the education requirements. There was no action on its 
appeal. Activists reportedly were arrested in mid-2007 for putting up 
posters and other campaign materials for unregistered political 
parties. The Government regarded political parties organized by ethnic-
Nepalese Bhutanese living in Nepalese refugee camps as illegal, 
terrorist, and antinational. These parties, which sought the 
repatriation of refugees and democratic reforms, were unable to conduct 
activities inside the country.
    The new constitution stipulates a bicameral parliament, and the 
Election Act specifies that a candidate must have at least a bachelor's 
degree to contest the parliamentary election. On March 24, voters 
elected the 47-member National Assembly, the lower house. The Druk 
Phensum Tshogpa won 44 out of 47 seats in which 80 percent of the 
320,000 voters cast a ballot. HRW reported that the Government excluded 
13 percent of the population from voting because, as ethnic-Nepalis, 
they were considered ``non-nationals'' in the 2005 census. Nonetheless, 
nine Nepali speaking candidates were elected.
    There are 25 members of the National Council, or upper house of 
parliament; the King appoints five members and the remaining members 
are elected. In December 2007 elections for the National Council, 
voters elected three women, two Nepali speakers and one Hindu, and one 
Christian. International monitors judged the elections free and fair.
    Women constituted 26 percent of civil service employees and held 
more than 30 percent of positions at the Ministry of Foreign Affairs. 
There were no women on the high court, although there was one female 
judge in a district court. There was no provision for allocating a set 
number or percentage of parliamentary seats for women or members of 
minority groups.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. The Government took an active role 
in addressing the issue through the public accounts committee in the 
National Assembly and the Royal Audit Authority, which monitored the 
use of government funds. The anticorruption fraud alert system allowed 
citizens to post information on its Web site regarding corrupt 
practices. During 2007 the ACC received 283 complaints, mostly by civil 
servants, with 18 investigations underway.During the year the ACC 
received 1,576 complaints and investigated 34 cases involving 196 
persons.
    A 2007 Corruption Perception Survey underlined that 43 percent of 
the responding citizens perceived a rise in corruption during the past 
five years.
    There is no law providing public access to government information; 
however, NGOs reported that the Government regularly provided 
unclassified information upon request.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no legal human rights organizations in the country. The 
Government regarded human rights groups established by ethnic-Nepalese 
Bhutanese as political organizations and did not permit them to operate 
in the country. The ICRC was the only human rights monitoring group 
officially operating in the country. However, various civil society 
organizations function locally and informally. Several international 
NGOs recently started operations in the country.
    In July the Government condemned UNHCR for its failure to screen 
individuals entering camps in Nepal in the early 1990s to determine if 
they were genuine citizens and refugees. The demarche charged that 
individuals who entered the camps before screening and registration 
mechanisms were established are not citizens and are, with UNHCR's 
protection, using the camps as a base for terrorist activities against 
the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination on the basis of race, 
sex, disability, language, or social status.

    Women.--The law mandates that the Government should take 
appropriate measures to eliminate all forms of discrimination and 
exploitation of women, including trafficking, prostitution, abuse, 
violence, harassment, and intimidation both at work and at home, and 
generally the law is enforced. NGOS reported that women faced little 
overt discrimination and had equal access to health care, education, 
and public services. While there was no evidence that rape or spousal 
abuse were extensive problems, NGOs reported that many women did not 
report rape because of cultural taboos or because they were unaware of 
their rights.
    The law contains a clear definition of criminal sexual assault and 
specifies penalties. In cases of rape involving minors, sentences range 
from five to 17 years in prison. In extreme cases a rapist may be 
imprisoned for life. Spousal rape is illegal. There were few reported 
instances of sexual harassment.
    Women were accorded respect in the traditions of most ethnic groups 
and participated freely in the social and economic life of the country. 
Inheritance law provides for equal inheritance among all sons and 
daughters, but traditional inheritance practices, which vary among 
ethnic groups, may be observed if the heirs choose to forego legal 
challenges. For example, traditional inheritance laws for the majority 
of Buddhists stipulate that daughters inherit family land. As a result, 
60 percent of rural women held land registration titles, accounting for 
the large number of women who owned shops and businesses. Tradition 
dictates that the most capable member of the family runs the household, 
which often resulted in the mother or eldest daughter holding this 
position. Within the household men and women were relatively equal. 
Employers generally paid women in unskilled jobs slightly less than men 
in the same positions. In 2004 women constituted approximately 30 
percent of the formal work force. Dowries were not customary, even 
among ethnic Nepalese Hindus.
    Prostitution took place on a limited scale, mostly in border towns.
    The law covers questions related to family issues, including 
divorce, child custody, and inheritance. The minimum age of marriage 
for women is 18 years. The law provides for equal treatment for men and 
women. Polygamy is allowed provided the first wife gives her 
permission. Polyandry is permitted but rare. Marriages may be arranged 
by the marriage partners themselves as well as by their parents. The 
law requires that all marriages be registered.
    The National Women's Association of Bhutan tried to encourage women 
to improve their living standards and socio-economic status. A National 
Commission for Women and Children (NCWC) actively defended the rights 
of women and children during the year. Respect, Educate, Nurture and 
Empower Women, a new organization operating with funding and direction 
from the Queen, focused on HIV/AIDS and other health issues to improve 
the lives of underprivileged and marginalized women. In April 2007, the 
Government established the Women and Child Protection Unit, run by 
female police officers in collaboration with the NCWC. The unit 
provides a setting for women to voice problems freely and works to 
ensure that victims receive appropriate care.

    Children.--The law provides for children's rights, and the 
Government's policies generally supported these provisions. Child abuse 
was rare. Terrain and settlement patterns prevent all births from being 
registered. NGOs assert that children of nonregistered ethnic-Nepalese 
Bhutanese may not have their births registered. The failure of timely 
birth registration has negative consequences, as children may find it 
more difficult to obtain citizenship cards.
    The Government provides 11 years of universal, free education. 
According to the United Nations Development Program's 2007 report, the 
primary school net enrollment rate was 82.1 percent. The Ministry of 
Education reported that enrollment of girls at every level of general 
education has slowly, but steadily increased since 2002. Girls 
comprised 49 percent of the enrollment in schools and, in several 
districts, the average surpassed 50 percent. Approximately 33 percent 
of university students were female and only 18 percent of the students 
receiving study abroad scholarships were also female.
    There is no law barring ethnic-Nepalese Bhutanese children from 
attending school. However, the Government denied NOCs to children of 
ethnic-Nepalese Bhutanese whom the Government claimed were 
antinationals, thus denying them higher education. Exile groups claimed 
that the Government discriminated against ethnic-Nepalese Bhutanese 
secondary-level students in distribution of educational advantages and 
benefits, particularly if they were related to prominent dissidents or 
refugees. The Government refuted this claim, stating that all 
scholarships were merit based.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and reliable sources indicated that low numbers of individuals were 
trafficked both to and from the country, although exact numbers were 
difficult to ascertain due to a lack of NGOs and government officials 
working on this issue. There were no reported cases of trafficking 
within the country.

    Persons With Disabilities.--The law does not protect specifically 
the rights of citizens with disabilities; however, it directs the 
Government to try to provide security in the ``event of sickness and 
disability.'' There was no evidence of official discrimination against 
persons with disabilities in matters of employment, education, access 
to health care, or in the provision of other state services. The law 
stipulates that new buildings must be constructed to allow access for 
persons with disabilities; however, the Government did not enforce the 
law consistently. Under the Disability Prevention and Rehabilitation 
Program, the Government seeks to provide medical and vocational 
rehabilitation for persons with all types of disabilities, promote 
integration of children with disabilities into normal schools, and 
foster community awareness and social integration.
    There are special educational institutes for students with 
disabilities. The National Institute for the Disabled in Khaling 
educates visually impaired children, and there is a deaf education 
resource unit in Paro. There are special education facilities in 
Thimphu to meet the needs of children with physical and mental 
disabilities. While there were no government sponsored social welfare 
services available for persons with disabilities, the National Pension 
and Provident Fund grants benefits to persons with disabilities.

    National/Racial/Ethnic Minorities.--An estimated 100,000 ethnic-
Nepalese Bhutanese left the country in the early 1990s, although the 
Government asserted that a substantially smaller number departed. 
Ethnic-Nepalese Bhutanese claimed they were subject to discrimination 
and prejudice in employment, while the Government insisted they were 
proportionally represented in civil service and government jobs. Human 
rights groups outside the country contended that the Government's 
employment claims are based on intentionally inaccurate numbers.
    The Government resettled Drukpa Bhutanese in the southern part of 
the country on land vacated by the ethnic-Nepalese Bhutanese. Human 
rights groups maintained that this prejudiced any eventual outcome of 
negotiations over the return of the refugees to the country. The 
Government maintained that it occasionally resettled Lhotsampa from the 
south on more fertile land in other parts of the country. In the same 
fashion, the Government's one-time only policy on the forced retirement 
of refugee family members in government service, and the resettlement 
of Drukpa on land vacated by expelled ethnic-Nepalese Bhutanese in the 
south, reinforced prejudice against the ethnic-Nepalese Bhutanese. The 
Government argued that the resettlement scheme was part of a nationwide 
program to discourage migration to urban centers and reduce the 
dependence of landless persons of migrant farming.
    The law requires that the national dress be worn for official 
occasions and as a school uniform, and that the Dzongkha language be 
taught as a second language in all schools. No instruction in Nepali as 
a second language was required or offered. Discriminatory measures with 
regard to ethnic minority communities continued.

    Other Societal Abuses and Discrimination.--Homosexuality is illegal 
in the country and punishable as a petty misdemeanor with a prison 
sentence ranging from one month to one year. There were no reported 
cases of such charges.
    There is no mention of HIV/AIDS or language referring to 
discrimination based on illnesses in the constitution. However, these 
topics were not considered taboo in the country and the World Bank 
reported that the Government discussed sexual health issues openly and 
positively.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form 
workers' associations; however, there were no associations operating in 
the country during the year.

    b. The Right to Organize and Bargain Collectively.--The law does 
not authorize collective bargaining. The Labor and Employment Act of 
2007 grants workers the right to litigate. Workers do not have the 
right to strike.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred. The Government 
required community service to build local roads, schools, and 
hospitals. NGOs reported that in southern areas of the country, where 
Drukpas were resettled following the move of ethnic-Nepalese Bhutanese, 
remaining ethnic-Nepalese Bhutanese were required to perform a 
disproportionate amount of compulsory labor. The Government and NGOs 
stated that rural workers often volunteered to work on national 
projects and were paid slightly above the minimum wage.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children; however, child labor was 
prevalent. There is no minimum age for employment. The Labor and 
Employment Act of 2007 allows for employment of children between the 
ages of 13 and 17 in environments that would not damage their health. 
Children under 18 often performed agricultural work and chores on 
family farms and shops after school and during holidays. Girls are 
occasionally employed as domestic workers, where they are vulnerable to 
abuse and exploitation. NGOs estimated that there were approximately 
45,000 persons under 18 who were working. Labor inspectors operating 
under the Ministry of Labor and Human Resources enforced child labor 
laws sporadically.

    e. Acceptable Conditions of Work.--The law addresses issues such as 
minimum wage, sexual harassment, workers' associations, acceptable 
forms of child labor, and labor inspection regulations. In 2007 
parliament passed a Labor Act which allows employees to form an 
association in one office if at least 12 employees join the 
association. The law was first tested on September 24, when Bhutan 
Telecom employees decided to form an association after they accused 
management and the Government of discriminatory behavior in promotions. 
There have been no subsequent updates on the formation of the 
association. The law does not allow for the formation of unions or for 
strikes.
    The national minimum wage of 99.44 ngultrums (approximately $2.50) 
per day plus various allowances paid in cash or kind provided a decent 
standard of living for a worker and family. In June the Ministry of 
Labor announced that it planned to form a committee that will examine 
the minimum wage in terms of employers' ability to afford the wage, 
employee productivity, type of work, and cost of living. The committee 
had not released its findings by year's end. The workday is defined as 
eight hours with a one-hour lunch break, and employers must grant 
regular days of leisure. Work in excess of this must be paid at one and 
one-half times the normal rates.
    All citizens are entitled to free medical care. The Government 
transported persons who could not receive adequate care within the 
country to other countries (usually India) for treatment. Workers are 
eligible for compensation in the case of partial or total disability, 
and in the event of death, their families are entitled to compensation. 
Existing labor regulations do not grant workers the right to remove 
themselves from work situations that endanger health and safety without 
jeopardizing their continued employment.

                               __________

                                 INDIA

    India is a multiparty, federal, parliamentary democracy with a 
bicameral parliament and a population of approximately 1.1 billion with 
an active civil society. Manmohan Singh became prime minister following 
his Congress Party-led coalition's victory in the 2004 general 
elections, which were considered free and fair, despite scattered 
instances of violence. Serious internal conflicts affected the states 
of Jammu and Kashmir, as well as several states in the north and east. 
While civilian authorities generally maintained effective control of 
the security forces, security forces occasionally acted independently 
of government authority during incidents of communal tensions in states 
such as Karnataka.
    The Government generally respected the rights of its citizens; 
however, serious problems remained. Major problems included 
extrajudicial killings of persons in custody, disappearances, and 
torture and rape by police and other security forces. Investigations 
into individual abuses and legal punishment for perpetrators occurred, 
but for the majority of abuses, the lack of accountability created an 
atmosphere of impunity. Poor prison conditions and lengthy detentions 
during both pretrial and trial proceedings remained significant 
problems. Officials used special antiterrorism legislation to justify 
the excessive use of force. Corruption existed at all levels of 
government and police. The Government applied restrictions to the 
travel and activities of visiting experts and scholars. Significant 
restrictions remained on the funding and activities of NGOs. Increasing 
attacks against religious minorities and the promulgation of 
antireligious conversion laws were concerns. Violence associated with 
caste-based discrimination occurred. Domestic violence, child marriage, 
dowry-related deaths, honor crimes, female infanticide and feticide 
remain serious problems. Trafficking in persons and exploitation of 
indentured, bonded, and child labor were continuing problems.
    Separatist guerrillas and terrorists in Kashmir, the Northeast, and 
the Naxalite belt committed numerous serious abuses, including killing 
armed forces personnel, police, government officials, judges, and 
civilians. Insurgents engaged in widespread torture, rape, beheadings, 
kidnapping, and extortion; however, the number of incidents declined 
compared to the previous year.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were credible 
reports that the Government and its agents committed arbitrary or 
unlawful killings, including extrajudicial killings of suspected 
criminals and insurgents. A high rate of encounter killings occurred in 
the Northeast, particularly in the states of Assam and Manipur. Sources 
also reported encounter killings in Jammu and Kashmir, Maharashtra, and 
Chhattisgarh. Custodial deaths remained a serious problem, and 
authorities often delayed prosecutions.
    Despite the National Human Rights Commission's (NHRC) 
recommendations that all police encounter deaths be investigated by the 
Criminal Investigations Department (CID), many states conducted 
internal reviews only at the discretion of senior officers. For 
example, between January and July, Mumbai police killed 12 alleged 
criminals in nine separate encounters. There was no investigation of 
these incidents despite NHRC recommendations to do so. On August 31, 
police dismissed senior inspector Pradeep Sharma of the Mumbai police 
after he was implicated in numerous encounter deaths. He is alleged to 
have killed more than 112 persons over 25 years.
    On July 4, according to Human Rights Alert, Manipur Police arrested 
L. Bimolchandra in Imphal, Manipur, on suspicion of armed activities 
against police. His death in police custody at Changangei prompted a 
July 6 general strike by civil society organizations; the inquiry into 
his death continued at year's end.
    On September 19, police killed two suspected terrorists for 
involvement in the September 13 Delhi serial blasts during an encounter 
at Batla House, Delhi. Police Inspector MC Sharma was killed. Media and 
human rights groups alleged that Delhi police staged the encounter, 
including the shooting of Inspector Sharma. After the NGO Real Cause 
filed a petition to investigate the shooting, the court directed an 
inquiry according to NHRC guidelines. The investigation continued at 
year's end.
    On October 27, Rahul Raj, who had taken passengers hostage on a 
public bus, was shot by police in Mumbai. The case was under 
investigation at year's end.
    There were no updates on several high profile killings. These 
included the March 2007 killings of seven villagers near Santoshpur 
village in Dantewara district of Chhattisgarh by ``unknown uniformed 
persons.'' No investigation occurred in the April 2007 killings of two 
boys, Asif Iqbal and Sahin Sk, allegedly by Border Security Forces 
(BSF) in Murshidabad district. No developments occurred in the October 
2007 arrest of Mohammed Tariq for the alleged torture and encounter 
killing of schoolteacher Abdur Rashid Mir in Jammu.
    In February a civil court in Srinagar charged seven policemen, 
including Hans Raj Parihar, Senior Superintendent of Police, for the 
2006 encounter killing of Abdur Rahman Padder. A trial continued at 
year's end.
    There were no developments in the following 2006 cases: the killing 
of Fayaz Ahmad Bhat, the killing of Abu Osama, or the encounter killing 
of two suspected Lashkar-e-Tayyiba (LeT) terrorists in Delhi. The 2006 
death of Captain Sumit Kohli in Kupwara, Jammu and Kashmir, remained 
unresolved, with the army claiming he committed suicide but the family 
alleging that he was killed because he was scheduled to testify against 
another officer.
    The 2006 Ram Narayan Gupta case before the Mumbai High Court 
continued after investigators introduced evidence in September that 
Gupta had been killed while in police custody.
    Deaths while in police and judicial custody remained a significant 
problem. According to the Home Ministry, the NHRC reported 1,459 deaths 
nationally in police and judicial custody between April and December 
2007. The Asian Center for Human Rights (ACHR) alleged that custodial 
deaths were a severe problem and reported that 7,468 persons died in 
prison or police custody since 2002.
    According the NHRC, several states had significant numbers of 
reported deaths in custody. In Jammu and Kashmir, 3,575 persons died in 
custody during the past six years. The NHRC noted that deaths in 
custody declined in both Andhra Pradesh and Tamil Nadu due to measures 
undertaken to improve prison conditions. In 2007, 25 persons died in 
custody in Maharashtra compared to 21 in 2006. Beginning in June 2007, 
according to a media report, the Government of Maharashtra stopped 
automatic CID probes into custodial deaths to avoid ``demoralizing the 
police force.'' According to the Kerala State Human Rights Commission 
(KSHRC), 46 persons died in state custody in 2007, but the commission 
found no evidence that any of the deaths were the result of police 
torture as alleged by human rights groups.
    NGOs reported other cases of deaths in custody. For example, on 
March 30, Kadir Shaikh died in the custody of the Navi Mumbai police. 
On May 3, Mohammad Yusuf died in Arthur Road jail in Mumbai. While NGOs 
asserted that he died from beatings, prison officials claimed he died 
from narcotics withdrawal. On May 25, Mainabai Naitam died while in the 
custody of Gadchiroli district police. In these cases, the Government 
of Maharashtra ordered a CID enquiry, all of which continued at year's 
end.
    There was no further progress on 2007 cases, such as the death of 
Krishnapada Das in the Pathor Pratima police station in West Bengal or 
the beating death of Hayat Seikh during a one-week detention at the 
Beldanga police station for which one policeman had been suspended.
    On March 11, authorities arrested Subinspector Narayan Tamuli, 
assistant subinspector Pramode Ranjan Nath, and Constable Ramjan 
Hossain for the custodial death of Matahar Ali Talukdar in 2007.
    There were no developments in the 2006 custodial deaths of Gurmail 
Singh, Madan Lal, or Premnath Janardan Rao.
    As a result of an army inquiry into the 2006 killing of eight 
civilians during protests of the custodial death of Ajit Mahanta, a 
military court suspended soldier Nishant Sharma for one year and 
imprisoned soldier Sudip Gurung for two months. The army paid 100,000 
rupees (approximately $2,066) in compensation and agreed to pay for the 
education and basic needs of Ajit Mahanta's two children. The Assam 
government paid 500,000 rupees ($10,330) to Mahanta's widow and 300,000 
rupees ($6,198) each to the families of those who died in the firing.
    There were no updates following the July 2007 judicial inquiry 
commission report into 15 custodial deaths in Kerala in 2006. It was 
not known whether compensation promised by the Kerala home minister had 
been paid to the families of nine victims.
    In July Justice Basant ordered a Central Bureau of Investigation 
examination into the 2005 custodial death of Udayakumar in Kerala. 
Authorities had arrested three police constables and charged two with 
murder and in 2007, a Division Bench of the Kerala High Court directed 
the CBI to investigate the case. A pending appeal against the High 
Court's Division Bench order at the Supreme Court of India has 
prevented the investigation.
    Government agencies funded and directed combat operations of former 
separatist guerrillas who surrendered to the Jammu and Kashmir 
government and who used their own weapons as part of police auxiliary 
units. According to NGOs, these units also used children both as 
soldiers and in logistical and tactical support. There were credible 
allegations that Naxalites (Maoist militants) in eastern and central 
parts of the country who surrendered retained their weapons and worked 
for the police as ``anti-People's War Group (PWG) officers'' to kill 
other Naxalites and human rights activists with Maoist links. Police 
denied the charges, attributing such killings to feuds within the PWG.
    On February 5, police fired 30 rounds into a group of Forward Bloc 
supporters in Dinhata, killing five persons. On February 11, the West 
Bengal Chief Minister ordered a judicial probe into the incident, which 
was pending at year's end.
    A magisterial inquiry into the July 2007 killing by members of the 
Anti-Naxal Special Police Force of five persons at Ammadlu village in 
Chikmagalur district found that two of those killed were Naxalites, 
while three were relatives of one of the militants. The inquiry 
absolved the state police.
    Unlawful killings due to societal violence, including vigilante 
action, continued. For example, in September 2007, villagers in Bihar 
beat to death a group of 10 suspected robbers. There were no updates in 
this case during the year. Credible sources estimated that nearly 1,100 
persons, including 726 civilians, have been killed by Maoists since 
2004.
    In November 2007 a key witness in a 1984 anti-Sikh riots case 
involving senior Congress leader Jagdish Tytler reappeared. A Delhi 
court ordered the CBI to reinvestigate the 1984 case and file a fresh 
report. The case accused Tytler of encouraging Congress party workers, 
police, and mobs in Delhi to kill Sikhs and destroy their property in 
retribution for the assassination of former Prime Minister Indira 
Gandhi. The case continued at year's end. Additional court action on 
the 1984 anti-Sikh riots occurred on August 27 when the Delhi High 
Court sentenced four persons to life imprisonment and imposed a fine of 
21,000 rupees (approximately $477). The court found them guilty of 
rioting, murder, and conspiracy.
    Allegations of witchcraft resulted in several deaths. In June 
crowds of villagers in Sonitpur district of Assam killed four members 
of a family for allegations of witchcraft. In October three members of 
another family were killed in another village in Assam. There were no 
further developments during the year concerning the 2006 killing in 
Sonitpur of five family members.

    b. Disappearance.--As in the previous year, there were credible 
reports that police throughout the country failed to file required 
arrest reports for detained persons, resulting in hundreds of 
unresolved disappearances. Police usually denied these claims.
    While the Government maintained that state government screening 
committees provided information about the detainees to their families, 
other sources indicated that families often needed to bribe prison 
guards to confirm detention of their relatives. The screening committee 
for Jammu and Kashmir has not met for the past two years, although in 
2006 the committee released 140 persons detained under the state Public 
Safety Act (PSA).
    On June 23, the Jammu and Kashmir police exhumed the body of 
Mohammed Ashraf Shiekh, who disappeared on June 3. Police arrested 
Reyaz Ahmed Chechi (alias Regan) and Tahir Ahmed Pathan of Shiek Muqam 
Aloosa. Regan and Pathan alleged that Indian Army troops of the 3rd 
Jammu and Kashmir Light Infantry Regiment (JAKLI) killed Ashraf in 
their presence. The case continued at year's end.
    There were no developments during the year in the 2006 case filed 
by Paramjit Kaur Khalra, the widow of human rights activist Jaswant 
Singh Khalra, against former police chief K.P.S. Gill, or in the case 
of Ghulam Nabi Mir, who disappeared in Pulwama, Jammu and Kashmir, 
after Rashtriya Rifle officers allegedly raided his home.
    Despite a special investigatory commission, the Government made 
little progress during the year in holding hundreds of police and 
security officials accountable for disappearances committed during the 
Punjab counterinsurgency and the Delhi anti-Sikh riots of 1984-94. On 
February 25, the NHRC criticized the Justice Bhalla Commission for its 
inability to identify 657 victims still unaccounted for during the 
Punjab counterinsurgency. The Government initially had investigated 
2,097 cases of death and cremation during that period.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and generally did not allow for 
confessions extracted by force to be admissible in court; however, 
allegations were made that authorities used torture to extort money, as 
summary punishment, and to obtain confessions. In some instances, these 
confessions subsequently were used as evidentiary support for a death 
sentence.
    Methods of torture and abuse reportedly included beating; electric 
shock; denial of food and water; rape; stripping; pins under nails; 
chili pepper inserted in body cavities; denial of medical treatment; 
and threats to harm children. Armed groups have used torture methods 
such as severing of the ears and nose, rape, abduction, and beating.
    According to the ACHR, prison authorities and armed forces were the 
main perpetrators of torture, and the practice was considered routine 
in police detentions and antiterrorist operations. Alleged reasons for 
torture included obtaining bribes, extracting information, preventing a 
complaint that may lead to a criminal inquiry, and compelling 
confessions.
    Because many alleged torture victims died in custody, and other 
victims were afraid to speak out, there were few firsthand accounts. 
Marks of what appeared to be torture were found on deceased detainees. 
Police and jailers allegedly assaulted new prisoners or threatened 
violence in exchange for money, favors, and personal articles. Although 
police were subject to prosecution for such offenses, the Government 
often failed to hold them accountable. According to Amnesty 
International (AI), torture was ``endemic'' to the justice system and 
often used against individuals ``on the basis of their caste, religion, 
socioeconomic, and sexual identity.''
    NGOs asserted that custodial torture was common in Tamil Nadu, and 
credible sources claimed that police stations in Punjab, Andhra 
Pradesh, Haryana, and Chandigarh used torture to obtain desired 
testimony. The AHRC claimed that police used torture and assault in 
Kerala as a means of criminal investigation. According to the AHRC, 
Gujarat interrogation centers also used torture as part of questioning.
    Between February 12 and 16, according to AHRC, officers at the 
Bally police station in the Howrah district of West Bengal tortured 
Ajay Yadav Kumar, when they found a body suspected of being Kumar's 
missing wife, who disappeared in December 2006. At year's end Ajay 
Yadav remained in jail, and the Government had not investigated the 
case.
    On April 3, the Jammu and Kashmir State Human Rights Commission 
directed the state police to reopen a 2003 rape case of an unnamed 
victim involving army troops in the Kathua district. There were no 
developments at year's end.
    Several 2007 cases continued at year's end. The case against 
Deganga Police Inspector Julfikaqr Ali Mollah for allegedly burning 
Giasuddin Mando with acid was reported by the West Bengal Human Rights 
Commission, and the CID began an investigation. On August 13, the local 
magistrate ordered Mando released and hospitalized. The 2007 case of 
Syed Aliin Vadapalani who died in Chennai police custody remained 
unsolved at year's end, although the Tamil Nadu government ordered an 
inquiry into allegations that the death resulted from police torture.
    There were no developments in the 2006 torture and death of Saju, a 
private bus driver. According to the AHRC, police tortured him when he 
refused to pay a bribe, and he subsequently died in police custody.
    On June 11, the NHRC asked the Jammu and Kashmir government to pay 
300,000 rupees (approximately $6,818) in compensation to the next of 
kin of Banarsi Das Sharma. He and his two sons were arrested in 2000, 
and Sharma subsequently died. NHRC alleges that Army Intelligence 
tortured Sharma and requested a report from the state government.
    In Jammu and Kashmir, torture victims and relatives reportedly had 
difficulty opening cases because local police were waiting for 
permission from higher authorities. Concerns were raised about the 
Jammu and Kashmir Armed Forces Special Powers Act (AFSPA) of 1990, 
which states that no ``prosecution, suit, or other legal proceeding 
shall be instituted against any person'' without the approval of the 
central government. The act allows security forces to shoot suspects 
and destroy structures suspected of harboring violent separatists or 
containing weapons. Human rights organizations claimed this provision 
allowed security forces to act with impunity.
    NGOs asserted that rape by police, including custodial rape, was 
more common than NHRC figures indicated. A higher incidence of abuse 
appeared credible, given other evidence of abusive behavior by police, 
and the likelihood that many rapes went unreported due to the victims' 
shame and fear of retribution. However, legal limits placed on the 
arrest, search, and police custody of women appeared to reduce the 
frequency of rape in custody. There were no recent NHRC data available 
on the extent of custodial rape.
    There was a pattern of rape by paramilitary personnel in Jammu and 
Kashmir and the Northeast as a means of instilling fear among 
noncombatants in insurgency-affected areas, but these incidents were 
not included in NHRC statistics, as the NHRC does not have direct 
investigative authority over the military.
    On February 21, Chandigarh police detained two commandos belonging 
to the Haryana police on charges of rape. Authorities ordered a First 
Information Report (FIR) registered and a medical examination 
conducted. The case continued at year's end.
    During the year the CBI's Ambala, Haryana, court continued its 
investigation into the 2007 rape and suicide of a woman, Savita, at the 
Haryana police headquarters in Panchkula.

    Prison and Detention Center Conditions.--Prison conditions were 
life threatening and did not meet international standards. Prisons were 
severely overcrowded, and food and medical care were inadequate. On 
April 16, the Ministry of Home Affairs stated that since 2007, 38,366 
cases of human rights violations were registered in prisons throughout 
the country. A 2006 NHRC report, the latest available, indicated that 
the country's prisons were overcrowded on average by 38.5 percent, 
according to each prison's capacity. According to the NHRC report, the 
country's prisons held 324,852 persons, with an authorized capacity of 
234,462.
    The legal system was overburdened. On September 7, Chief Justice KG 
Balakrishnan reported that 610,000 cases were pending in the lower 
courts, while the Delhi High Court records showed 330,000 pending 
cases. During the year 48,000 cases were pending in the Supreme Court 
and 3,800,000 cases were pending in high courts throughout the country. 
Balakrishnan stated that the country needs at least 5,000 more courts, 
1,539 more High Court judges, and 18,479 subordinate court judges to 
clear the backlog of cases. On September 8, the Dwarka districts courts 
complex in New Delhi opened with 79 courtrooms and 344 lawyers' 
chambers to address this issue.
    In September 2007 NHRC notified Uttar Pradesh's director general of 
police (DGP) that the conditions in Mirzapur prison for female inmates 
were in extremely poor condition and lacked medical facilities. Minor 
girls were also lodged in the prison instead of government homes for 
children, in violation of the law. NHRC asked the DGP for a detailed 
report, which was pending at year's end.
    The NHRC requested high court chief justices to resolve the problem 
of overcrowded prisons. In 2006 the Government introduced a plea 
bargain option to reduce the pending time of cases in trial courts and 
overcrowded prisons. The Government set up 1,562 Fast Track Courts 
during the year, but there was no information on the numbers of cases 
pending or resolved.
    According to the 2006 NHRC report, a large proportion of the deaths 
in judicial custody were from natural causes such as tuberculosis and 
HIV/AIDS, which were aggravated by poor prison conditions. The NHRC 
assigned a special rapporteur to ensure that state prison authorities 
performed medical checkups on all inmates. Authorities released no 
information on the number of such deaths.
    While local authorities appeared to hide custodial deaths, the NHRC 
and the courts investigated and prosecuted some perpetrators. While the 
courts awarded monetary compensation of 17,600-97,000 rupees 
(approximately $400-$2,200) to the next of kin, NGO sources claimed 
that relatives often had to pay bribes to receive the compensation or 
never received it at all.
    There were no developments in the Maharashtra State Human Rights 
Commission's investigation into the 2006 allegations that officials in 
the Arthur Road Jail in Mumbai ignored a prisoner who died after 
suffering from chest pains.
    By law, juveniles must be detained in rehabilitative facilities, 
although at times they were detained in prison, especially in rural 
areas. Pretrial detainees were not separated from convicted prisoners.
    The Government allowed some NGOs to work in prisons, within 
specific guidelines, but their findings often remained confidential due 
to agreements with the Government. Increased press reporting and 
parliamentary questioning provided evidence of growing public awareness 
of custodial abuse. The NHRC identified torture and deaths in detention 
as one of its priority concerns.
    According to the Home Ministry, the International Committee of the 
Red Cross (ICRC) conducted 832 visits since 2005 to 67 detention 
centers, including all 25 acknowledged detention centers in Jammu and 
Kashmir and all facilities where Kashmiris were held elsewhere in the 
country. The ICRC was not authorized to visit interrogation or transit 
centers, nor did it have regular access to detention centers in the 
northeastern states. Surprise visits to state prisons by the NHRC were 
authorized by 2006 amendments to the 1993 Protection of Human Rights 
Act (PHRA).

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but both occurred during the year. In May 2007, 
authorities arrested Manipur human rights activist Irom Sharmila on 
charges of attempted suicide. She has conducted an intermittent six-
year hunger strike against the AFSPA and was force-fed in government 
custody.
    On May 29, the NHRC asked the Uttar Pradesh government to pay 
50,000 rupees (approximately $1,136) in compensation to Naveen Upadhyay 
for illegal detention in 1999. The state government had not submitted 
the incident report that the NHRC requested by year's end.

    Role of the Police and Security Apparatus.--The central government 
provides guidance and support for the 28 states and seven union 
territories that have primary responsibility for maintaining law and 
order. The Ministry for Home Affairs controls most paramilitary forces, 
the internal intelligence bureaus, and the nationwide police service, 
and provides training for senior police officers of the state-organized 
police forces.
    Corruption in the police force was pervasive and acknowledged by 
many government officials. Officers at all levels acted with impunity 
and were rarely held accountable for illegal actions. When officers 
were found guilty of a crime, the punishment was often a transfer. 
Human rights activists and NGOs reported that bribery was often 
necessary to receive police services.
    According to the 2007-08 Ministry of Home Affairs Annual Report, 
1,158 complaints of human rights violations were reported between 1994 
and 2007 against army and Central Military Forces personnel. Of these, 
1,118 were investigated, 1,085 were found false, and 33 were judged as 
genuine. The military imposed penalties on 62 personnel and, in six 
cases, awarded compensation. On May 16, the army announced that it had 
punished 80 personnel for human rights violations in Jammu and Kashmir 
during the past 19 years. Punishments ranged from dismissal to 10 
years' imprisonment.

    Arrest and Detention.--The law requires that detainees be informed 
of the grounds for their arrest, be represented by legal counsel, and, 
unless held under a preventive detention law, arraigned within 24 hours 
of arrest, at which time the accused must either be remanded for 
further investigation or released. However, in practice thousands of 
criminal suspects were detained without charge, adding to already 
overcrowded prisons.
    The law provides arrested persons the right to released on bail and 
prompt access to a lawyer; however, those arrested under special 
security legislation often received neither. Court approval of a bail 
application is mandatory if police do not file charges within 60 to 90 
days of arrest. In most cases, bail was set between 485 rupees 
(approximately $11) and 198,000 rupees ($4,500).
    By law detainees should be provided an attorney and allowed access 
to family members. In practice this was rarely implemented.
    In 2004 the Government repealed the Prevention of Terrorism Act 
(POTA) and replaced it with the Unlawful Activities Prevention Act 
(UAPA). The revised UAPA provides broader protection for human rights. 
For example, coerced confessions are no longer admitted as evidence in 
court.
    The South Asia Human Rights Documentation Centre (SAHRDC) reported 
that more than 1,000 persons remained in detention under POTA and that 
cases opened under POTA continued through the judicial system. In 
December Union Minister Kapil Sibal announced that there were between 
90 and 100 POTA cases.
    On July 20, the Mumbai High Court reversed a POTA court decision 
and directed that the credibility of two prime witnesses in the August 
2003 terror blasts be examined and the case expedited.
    On October 21, the Supreme Court followed the recommendations of 
the Central POTA Review Committee and directed that 134 persons charged 
under POTA for the 2002 Godhra (Gujarat) train burning incident be 
charged under the Penal Code. The court also ordered persons accused 
under POTA in various states to receive bail if the central POTA review 
committee has so determined. However, not all state governments had 
complied as of year's end.
    In 2003 the Supreme Court stayed nine high profile cases, including 
the Godhra train arson case, while it considered transferring the cases 
outside Gujarat. In March the court instituted a Special Investigation 
Team (SIT) to reinvestigate these cases. The SIT began its work in May, 
and in November, arrested 11 individuals allegedly connected with three 
incidents from 2002 relating to the train burning and resulting 
communal riots in which 138 persons were killed. Three of those 
arrested were local leaders of the Bharatiya Janata Party (BJP) and the 
Vishwa Hindu Parishad (VHP).
    The UAPA is used to hold persons without bail for extended periods 
prior to the filing of formal charges. In 2007 Mumbai police arrested 
and held under UAPA Arun Ferreira Sridhar Srinivasan (alias Vishnu), 
Murli Ashok Reddy, and Vernon Gonsalves for allegations of involvement 
in Naxalite violence. In December 2007 the Mumbai High Court intervened 
and, citing concerns of possible abuse in police custody, ordered 
Gonsalves and Srinivasan transferred to a Mumbai jail under the court's 
jurisdiction. The court also compelled the police to provide medical 
care to Reddy. As of year's end, trials had not commenced, as 
prosecutors had not been appointed. The defendants commenced a habeas 
corpus proceeding in the Mumbai High Court.
    The Terrorist and Disruptive Activities (TADA) Act, which was 
annulled in 1995, curtailed legal protections for cases that were filed 
under the Act. For example, in TADA courts, defense counsel was not 
permitted to see prosecution witnesses, and confessions extracted under 
duress were admissible as evidence. On April 30, the Ministry of Home 
Affairs reported that 142 persons were in detention under TADA. On 
October 6, a TADA court in Jalandhar, Punjab acquitted ex-militant 
Mohinder Singh Titu for a case which was registered 18 years ago under 
the Penal code and TADA Act.
    Maharashtra police utilized preventive arrests to curb public 
unrest. For example, on August 28, police arrested over 1,000 activists 
of the Maharashtra Navnirman Sena (MNS) political party after MNS 
activists damaged some stores.
    The National Security Act (NSA) permits police to detain persons 
considered security risks anywhere in the country, except Jammu and 
Kashmir, without charge or trial for as long as one year. State 
governments must confirm the detention order, which is then reviewed by 
an advisory board of three high court judges within seven weeks of the 
arrest. Family members and lawyers are allowed to visit NSA detainees, 
who must be informed of the grounds of their detention within five days 
(10 to 15 days in exceptional circumstances).
    Human rights groups expressed concerns that the NSA would allow 
authorities to order preventive detention after only a cursory review 
by an advisory board and that no court would overturn such a decision.
    The PSA, which applies only in Jammu and Kashmir, permits state 
authorities to detain persons without charge and judicial review for up 
to two years. During this time detainees do not have access to family 
members or legal counsel. According to press reports, in the past five 
years, 2,700 Kashmiris had been arrested under the PSA. From January to 
May, 117 cases of detention under PSA were reported.
    The 2005 NHRC set guidelines regarding arrest, which included 
establishing reasonable belief of guilt; avoiding detention if bail is 
an option; protecting the dignity of those arrested; refusing public 
display or parading; and allowing access to a lawyer during 
interrogation.
    In practice police routinely employed arbitrary and incommunicado 
detention and denied detainees, particularly the destitute, access to 
lawyers and medical attention to extract confessions. Lower-caste 
individuals were more likely to be illegally detained than others. The 
Government appeared to avoid prosecuting security officers by providing 
financial compensation to victims' families in lieu of punishment. In 
some instances victims or their families who distrusted the military 
judicial system petitioned to have their cases transferred to a civil 
court. The NHRC has no jurisdiction over any courts, including military 
courts.
    In 2006 the Chhattisgarh state government enacted the Special 
Public Security Act (SPSA), which allows up to three years' detention 
for loosely defined unlawful activities. NGOs criticized the law for 
being overly broad. For example, Dr. Binayak Sen, a human rights 
activist and a leader of the People's Union for Civil Liberties (PUCL), 
was arrested in May 2007, denied bail in December 2007, and held in 
solitary confinement for three weeks. His trial began in May and 
continued at year's end. Concerns were raised that the law criminalizes 
any support given to Naxalites, even with evidence of duress.
    The PUCL filed a petition against the SPSA in the Supreme Court in 
May, but the court refused to hear the case, ruling that any challenge 
to a state law must first be brought before the high court of that 
state. The PUCL petition identified 52 citizens illegally detained 
under the law. The petition was filed with the state court and was 
pending at year's end.
    The AFSPA remained in effect in Nagaland, Manipur, Assam, and parts 
of Tripura, and a version of the law was in effect in Jammu and 
Kashmir. Under AFSPA the Government can declare any state or union 
territory a ``disturbed area.'' This allows the security forces to fire 
on any person to ``maintain law and order'' and to arrest any person 
``against whom reasonable suspicion exists'' without informing the 
detainee of the grounds. Security forces are also granted immunity from 
prosecution for acts committed under AFSPA.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision; however, serious problems remained. In Jammu and Kashmir, 
members of the judiciary were subject to threats and intimidation by 
insurgents and terrorists.
    The judicial system is headed by the Supreme Court, which has 
jurisdiction over constitutional issues, and includes state high 
courts, state lower courts, and special tribunals. Lower courts hear 
criminal and civil cases, and appeals go to state high courts. The 
President appoints judges, who may serve until the age of 62 on state 
high courts and 65 on the Supreme Court.

    Trial Procedures.--The Criminal Procedure Code provides that trials 
be conducted publicly, except in proceedings involving official 
secrets, trials in which statements prejudicial to the safety of the 
state might be made, or under provisions of special security 
legislation. Defendants are presumed innocent and can choose their 
counsel. Sentences must be announced publicly, and there are effective 
channels for appeal at most levels of the judicial system. The state 
provides free legal counsel to indigent defendants. The law allows 
defendants access to relevant government-held evidence in most civil 
and criminal cases; however, the Government reserved the right to 
withhold information and did so in cases it considered sensitive.
    The Supreme Court continued efforts to find those responsible for 
the 2002 violence following the train burning in Godhra in which 59 
men, women, and children died. In June 2007, after the Supreme Court 
asked Gujarat police to review the closure of 1,600 complaints from 
2002 without investigation, the Gujarat police concluded in January 
that a majority of these cases could not be reinvestigated due to lack 
of witnesses. The Supreme Court instituted a Special Investigation Team 
(SIT) to reinvestigate nine high profile cases. The SIT was scheduled 
to submit its report to the Supreme Court by the end of the year.
    In 2006 Human Rights Watch (HRW) reported that Hindu extremists 
threatened and intimidated victims, witnesses, and human rights 
activists attempting to investigate the Gujarat riots. HRW claimed the 
Gujarat government launched selective tax probes against Islamic 
organizations to pressure Muslim witnesses to withdraw murder and arson 
charges. AI's 2007 annual human rights report noted that ``justice 
continued to evade'' victims and survivors of the riots. Muslim victims 
faced difficulty obtaining housing and access to public resources. 
However, 41 police were being tried for their alleged roles in the 
violence.
    During the year the Gujarat High Court continued to conduct DNA 
analysis on remains recovered in mass graves discovered in 2005 and 
2006 in Kidiad town and near Lunawada town that seemed to be from the 
2002 violence. According to government figures, 223 individuals, mainly 
Muslims, remained missing after the 2002 violence.
    In January a Mumbai special court sentenced 11 Hindu rioters and 
one policeman in the 2002 gang rape of Bilkis Bano and the killing of 
several members of her family.
    Since 1993, central and state governments have jointly funded Fast 
Track Courts, which concentrate on a specific type of case, allowing 
judges to develop expertise in a given area. Preference was given to 
cases pending for extended periods, and fees were generally lower since 
trials were shorter. Most Fast Track cases were civil.
    As in previous years, courts were regularly in session in Jammu and 
Kashmir. Nevertheless, the judicial system was hindered because of 
judicial tolerance of abuses committed as part of the Government's 
counterinsurgency campaign and the frequent refusal by security forces 
to obey court orders.
    Due in part to intimidation by insurgents and terrorists, courts in 
Jammu and Kashmir often were reluctant to hear cases involving 
insurgent and terrorist crimes and failed to act expeditiously, if at 
all, on habeas corpus cases.

    Political Prisoners and Detainees.--Political prisoners were 
reported in Jammu and Kashmir, and the Government temporarily detained 
hundreds of persons characterized as terrorists, insurgents, and 
separatists. The All Parties Hurriyat Conference (APHC) estimated the 
number of political prisoners at 500, while human rights activists 
based in the state identified 150 such prisoners.
    On August 26, leaders of the APHC and the Jammu and Kashmir 
Liberation Front were among 100 activists arrested and released in 
connection with the Amarnath shrine controversy and subsequent 
protests, except for Shabir Shah and Asiya Andrabi, who were detained 
under the PSA.
    The Government permitted international humanitarian organizations, 
such as the ICRC, access to such persons on a regular basis.
    There was no update in the 2007 case of 34 Burmese nationals who 
spent nine years in detention for allegedly being members of the 
National United Party of Arakan and Karen National Union. The trial 
continued at year's end.

    Civil Judicial Procedures and Remedies.--There are different 
personal status laws for the various minority religious communities, 
and the legal system accommodates religion-specific laws in matters of 
marriage, divorce, adoption, and inheritance. Muslim personal status 
law governs many noncriminal matters, including family law and 
inheritance.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice; however, at times 
the authorities infringed upon the right to privacy. Police must obtain 
warrants to conduct searches and seizures, except in cases where such 
actions would cause undue delay. Police must justify such warrantless 
searches in writing to the nearest magistrate with jurisdiction over 
the offense. In Jammu and Kashmir, Punjab, and Manipur, authorities 
have special powers to search and arrest without a warrant.
    On July 6, Jammu residents accused the Rapid Action Force (RAF) of 
using excessive force and illegal entry into their homes during a 
peaceful protest. No action was taken on the allegations by year's end.
    The Information Technology Act allows police under certain 
circumstances to search premises and arrest individuals without a 
warrant. The act specifies a one-year sentence for persons who fail to 
provide information to the Government on request and a five-year 
sentence for transmitting ``lascivious'' material.
    The Indian Telegraph Act authorizes the surveillance of 
communications, including monitoring telephone conversations and 
intercepting personal mail in cases of public emergency or ``in the 
interest of the public safety or tranquility.'' The central government 
and state governments used these surveillance techniques during the 
year.
    Although the Telegraph Act gives police the power to intercept 
telephonic conversations, such evidence is inadmissible in court. The 
UAPA allows use of evidence obtained from intercepted communications in 
terrorist cases. While legal safeguards to prevent police from 
encroaching on personal privacy existed, there were no such protections 
in terrorist cases.
    Laws favoring families that have no more than two children remained 
in place in seven states. The laws, lightly enforced, provide 
government jobs and subsidies to those who have no more than two 
children and reduced subsidies and access to health care for those who 
have more than two. National health officials noted that the central 
government was unable to regulate state decisions on population issues.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Terrorist and insurgent groups killed members of rival factions, 
government security forces, government officials, and civilians in 
Jammu and Kashmir, several northeastern states, and in the Naxalite 
belt in the eastern part of the country.

    Killings.--Security forces allegedly staged encounter killings to 
cover up the deaths of captured non-Kashmiri insurgents and terrorists 
from Pakistan or other countries. Human rights groups claimed that 
police officials refused to turn over bodies in cases of suspected 
staged encounters. The bodies were often cremated before their families 
could view them. Most police stations failed to comply with a 2002 
Supreme Court order requiring the central government and local 
authorities to conduct regular checks on police stations to monitor 
custodial violence.
    According to human rights groups, security forces in Jammu and 
Kashmir targeted suspected terrorists, insurgents, and their 
supporters, but there were no widely accepted data on the magnitude of 
extrajudicial killings and custodial deaths. The Justice Makhan Lal 
Kaul Commission of Inquiry, which investigated alleged custodial 
killings and encounters in Jammu and Kashmir, received only five 
complaints and was extended by two months on April 10. The commission 
asked for another extension, as it had not been able to complete its 
investigations.
    On March 25, the Jammu and Kashmir Police stated that civilian 
deaths by terrorists had declined by 50 percent. The security forces 
often claimed that insurgents or civilians died in crossfire. According 
to the South Asia Terrorism Portal (SATP) in 2007, 164 civilians, 121 
security force personnel, and 492 terrorists were killed as a result of 
terrorist violence. According to local NGOs based in Jammu and Kashmir, 
124 security forces and 233 militants were killed through August. 
According to media reports, two civilians were killed by security 
forces during the year.
    Human rights groups maintained that, in Jammu and Kashmir and in 
the northeastern states, the military and paramilitary forces continued 
to hold numerous persons. Human rights activists feared that many of 
these unacknowledged prisoners were subjected to torture and that some 
may have been killed.
    Civilians were reportedly killed in crossfire in Jammu and Kashmir 
during the year. According to JKCSS based in Jammu and Kashmir, 55 
persons were killed and 1,500 injured in a mass uprising in the state 
during the year. After an October 9 hearing into the 2006 deaths of 
four youths, the army expressed regret and offered to compensate the 
victims' families.
    On May 13, eight blasts took place in Jaipur, Rajasthan, killing 80 
and injuring 150. Authorities suspected that the Students Islamic 
Movement of India (SIMI) was responsible. On July 26, 17 blasts took 
place in different parts of Ahmedabad, Gujarat, killing 53 persons and 
injuring 145. The SIMI was suspected in the attack.
    On July 25, eight low intensity blasts killed one person and 
injured seven in Bangalore. The organization behind the blasts was not 
identified.
    On September 13, five synchronized bombs blasts exploded throughout 
New Delhi, killing 30 persons and injuring over 100 persons. The 
Islamist ``Indian Mujahideen'' claimed responsibility in an email to 
major television channels. Police arrested several suspects.
    From November 26 to 29, 10 terrorists carried out coordinated 
attacks across Mumbai, targeting luxury hotels, restaurants, the 
railway station, a hospital, and the Nariman House. The attackers 
killed 173 persons and injured at least 308 persons. Mohammed Ajmal 
Amir Kasab, the only terrorist captured alive, disclosed that the 
attackers belong to LeT. Investigations continued at year's end.
    In the Northeast, violence persisted despite talks between 
separatist groups and state government officials and a 1997 government 
ceasefire. In August 2007 the Government and the National Socialist 
Council of Nagaland Isak-Muivah (NSCN-IM) extended the ceasefire 
indefinitely. Factional violence between the NSCN-IM and the National 
Socialist Council of Nagaland Khaplang (NSCN-K) resulted in numerous 
deaths. The Institute for Conflict Management indicated that of the 108 
persons killed in 2007, 88 died due to intrafactional fighting. In 
April the central government extended the ceasefire with the NSCN-K for 
one year.
    During the year SATP reported 373 deaths related to insurgency in 
Assam, where the United Liberation Front of Asom (ULFA) continued its 
violent campaign against Hindi-speakers from the northern part of the 
country. In 2007 ULFA militants killed more than 110 persons in bomb 
attacks in the Dibrugarh, Tinsukia, and Sivsagar districts of Assam.
    SATP reported the following deaths as a result of insurgency-
related violence in the seven northeast states during the year: 402 
civilians, 36 security forces, and 599 militants. For Jammu and 
Kashmir, SATP reported that 69 civilians, 90 security forces, and 382 
militants were killed.
    There was no progress in the complaint filed by family members in 
the August 2007 killing of Md. Ramesh and Md. Isir by the Assam Rifles 
(AR). The AR claimed the dead were members of the People's United 
Liberation Front; the victims' families denied this.
    In February Maoist attacks in Nayagarh and Daspalla in Orissa 
killed 15 persons. On June 29, the Maoists killed 33 special forces of 
the Andhra Pradesh police in the Malkangiri district of Orissa. On July 
9, Maoists killed a former minister and sitting legislator, Ramesh 
Singh Mundu. The attack also killed three bodyguards and one student. 
On July 16, Maoist insurgents killed at least 21 persons, including 17 
policemen, in the Malkangiri district of Orissa. In August Chhattisgarh 
police raided a Naxalite camp and killed four Maoists in two incidents 
in Dantewara district.
    On March 12, four persons were killed and four injured when police 
opened fire in Bengtol in Assam to combat what the police claimed was a 
camp set up by the militant group National Democratic Front of Bodoland 
(NDFB). On March 13, police killed three persons and injured 10 who 
were protesting the dismantling of the NDFB camp.
    On March 15, the United National Liberation Front (UNLF) attacked 
an AR post at T. Minnou village near the Burma border. While the UNLF 
claimed to have killed 10 soldiers, the AR stated that one trooper died 
and four others were wounded. The AR claimed soldiers killed two 
militants and wounded five others. On May 1, two AR personnel were 
killed and four others injured in the New Somtal area of Chandel 
district.
    In March and June, many encounters between ULFA and security forces 
occurred. For example, on March 15, four persons died and 54 others 
were injured when suspected ULFA militants set off a grenade in Jonai, 
Dhemaji. On June 10, security forces killed three ULFA militants during 
an encounter in the Dibrugarh district. On June 14, ULFA militant 
Prabin Gogoi was killed in Dibrugarh district of Assam.
    According to the Home Affairs Annual Report, 76 districts in the 
nine states of Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Orissa, 
Maharashtra, Madhya Pradesh, Uttar Pradesh, and West Bengal were 
affected by Naxalite violence.
    In 2005 officials in Chhattisgarh organized the Salwa Judum 
movement to counter Naxalite groups in Dantewada district. The Naxalite 
response resulted in violent civil conflict and a large number of 
civilian deaths. Many villagers fled to makeshift refugee camps near 
towns. The Chhattisgarh government commissioned some Salwa Judum 
members in the camps as Special Police Officers (SPOs) and used them in 
anti-Naxalite operations. The Peoples Union for Civil Liberties (PUCL) 
and HRW claimed that the Salwa Judum had become part of a state-
sponsored counterinsurgency effort that committed atrocities against 
the tribal persons of southern Chhattisgarh, including killing, arson, 
rape, assaults, and forcing villagers from their homes into internally 
displaced persons (IDP) camps. In April the Supreme Court ordered the 
NHRC to investigate the Salwa Judum. In October the NHRC found some 
allegations false, could not confirm other allegations, and concluded 
that many abuses, including extrajudicial killings, could not be 
specifically attributed to Salwa Judum, SPOs, state security forces, or 
Naxalites and called for further investigation.
    In 2007 the SATP found 619 deaths related to Naxalite attacks on 
internally displaced persons (IDP) camps, government installations, 
police patrols, and remote villages, and in police-Naxalite skirmishes. 
Of the 336 individuals killed in Chhattisgarh, 93 were civilians, 170 
were police personnel (regular forces, as well as SOPs), and 73 were 
alleged Naxalites. According to the Andhra Pradesh police, incidents of 
Maoist violence declined 42 percent in 2007. Maoists killed 211 
civilians in 2005, 40 in 2007, and 26 through August. Police operations 
resulted in the death of 124 Maoists in 2005, 43 in 2007, and 25 
through August.
    On February 8, the Kolkata High Court directed the West Bengal 
state government to provide compensation to the victims of the 
Nandigram violence, which included 14 persons killed and 45 injured by 
police. In November 2007, Communist Party Marxist (CPM) members, whom 
human rights groups claimed had state government support, conducted a 
violent campaign to regain control over the Nandigram area from the 
Bhumi Uchhed Protirodh Committee (BUPC). News reports and eyewitness 
accounts noted that CPM cadres fired on BUPC supporters and local 
villagers, raped villagers, and burned houses. Journalists later 
discovered mass graves in the area. The CID responded by launching an 
inquiry into the identity of the bodies; the case was pending at year's 
end.

    Abductions.--Human rights groups maintained that, in Jammu and 
Kashmir and in the northeastern states, numerous persons continued to 
be held by military and paramilitary forces. Human rights activists 
feared that many of these unacknowledged prisoners were tortured and 
that some may have been killed.
    There were no reliable figures for disappearances in Jammu and 
Kashmir during the year. While the Association of Parents of 
Disappeared Persons (APDP) and other NGOs reported a decrease in 
disappearances, estimates on the number of disappearances varied 
widely. For example, the Jammu and Kashmir government stated in 2003 
that 3,931 persons had disappeared since 1990, compared with an APDP 
estimate of between 8,000 to 10,000 persons. ACHR reported in 2005 that 
more than 6,000 cases of disappearances remained unresolved in the 
state. According to JKCCS, based in Jammu and Kashmir, 38 cases of 
disappearances were reported during the year. In May the Chief Minister 
reported that there had been no cases of custodial disappearances in 
the state in the past two years.
    On July 6, the People's Revolutionary Party of Kangleipak (PREPAK) 
reported that it abducted and then released two boys from their 
neighborhood in the Imphal West district. On July 8, PREPAK reportedly 
abducted two other schoolchildren in the Thoubal district and claimed 
the children had voluntarily joined PREPAK.
    On December 31, the United Liberation Front of Barak Valley 
insurgents along the Assam-Mizoram border kidnapped three persons, 
including the son of a Congress Party leader, and demanded a ransom of 
approximately 1,000,000 rupees (approximately $25,000).

    Physical Abuse.--Raj Thackeray, Chief of the Mahrashtra Navnirman 
Sena (MNS), repeatedly verbally attacked north Indians settled in 
Maharashtra. On February 3, MNS members assaulted and injured 10 
persons attending a rally in Mumbai. Attacks by MNS members continued 
over the next several days in Mumbai, Pune, and Nasik. While the police 
did not stop the attacks, they later arrested over 60 MNS members and 
ordered a probe into Thackeray's remarks. MNS activists were alleged to 
have threatened north Indians in Nasik and Pune, causing many laborers 
to flee the state. MNS activists allegedly hit one person with stones, 
who later died of his injuries. Police charged Thackeray with inciting 
the violence, and twice briefly arrested him. On February 22, the 
Supreme Court condemned Thackeray's inflammatory remarks against north 
Indians. The investigation of the February incidents continued at 
year's end.
    In October MNS activists assaulted and injured dozens of north 
Indian candidates who came to Mumbai for an Indian Railways recruitment 
examination, preventing many from taking the exam. Mumbai police 
arrested Thackeray for instigating the violence, and MNS members rioted 
and caused considerable damage. Police arrested more than 2,000 
rioters. Multiple cases continued against Thackeray in various Mumbai 
courts and in the Jharkhand High Court at year's end. He and most MNS 
activists arrested in October remained out on bail.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press
    The constitution provides for freedom of speech and expression; 
however, freedom of the press is not explicitly mentioned. 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. Under the 
1923 Official Secrets Act, the Government may prosecute any person who 
publishes or communicates information that could be harmful to the 
state. However, no such cases were reported during the year.
    The Press Council is a statutory body of journalists, publishers, 
academics, and politicians, with a government-appointed chairman, that 
investigates what it believes is irresponsible journalism and sets a 
code of conduct for publishers. This code includes injunctions against 
publishing stories that might incite caste or communal violence. The 
council publicly criticized those it believed had broken the code of 
conduct.
    Independent newspapers and magazines regularly published and 
television channels broadcast investigative reports, including 
allegations of government wrongdoing, and the press generally promoted 
human rights and criticized perceived government lapses. Most print 
media and 80 percent of television channels were privately owned.
    After filmmaker Ajay TG was arrested in May under the SPSA and held 
for two months with no charges filed, journalists in Raipur reportedly 
feared being arrested and were reluctant to report critically on the 
state's actions to address the Naxalite problem. The PUCL identified TG 
and 53 others arrested under the Chhattisgarh Special Public Security 
Act in its petition challenging the law.
    With the exception of radio, foreign media generally were allowed 
to operate freely. Private satellite television distributed widely 
provided competition for Doordarshan, the government-owned television 
network. While there were allegations that the Government network 
manipulated the news, some privately owned satellite channels often 
promoted the platforms of political parties their owners supported. On 
September 19, the Union Indian Cabinet approved foreign news magazines 
to print local editions of their publications. Previously only 
scientific, technical, and specialty periodicals were allowed to be 
printed by foreign magazines.
    The Government often held foreign satellite broadcasters, rather 
than domestic cable operators, liable under civil law for what it 
deemed objectionable content on satellite channels-notably, tobacco and 
alcohol advertisements and adult content.
    AM radio broadcasting remained a government monopoly. Private FM 
radio station ownership was legal, but licenses only authorized 
entertainment and educational content. Local editions of foreign press 
were prohibited; however, the Government allowed country-specific 
editions published by a local company, with no more than a 26 percent 
foreign partnership.
    The authorities generally allowed foreign journalists to travel 
freely, including in Jammu and Kashmir, where they regularly met with 
separatist leaders and filed reports on a range of issues, including 
government abuses.
    In Jammu and Kashmir, the Newspapers Incitements to Offenses Act 
allows a district magistrate to prohibit publication of material likely 
to incite violence. Newspapers in Srinagar were able to report in 
detail on alleged human rights abuses by the Government, and separatist 
Kashmiri groups regularly published press releases. However, due to the 
threat of violence by terrorist groups, many journalists self-censored 
their articles. Smaller media outlets also self-censored for fear of 
losing state government advertising revenue.
    On August 3, the Jammu District Magistrate prohibited the 
transmission of JK channel and Take-1 news channel for violating the 
Cable Television Networks (Regulation) Act 1995 during the Amarnath 
shrine dispute. The order was revoked, and transmission resumed of what 
many observers felt was coverage aimed at inciting communal hatred.
    On August 24, security personnel belonging to the Central Reserve 
Police Force (CRPF) beat 13 media personnel and damaged their vehicles 
in Srinagar. The following day, the security personnel beat six more 
journalists, and local television channels remained off the air in 
protest. Local English and Urdu dailies also protested by not 
publishing on August 25. During this period the local government banned 
cellular phone text messaging service for fear of its role in inciting 
communal tension. The authorities also took off the air from August 24 
to September 2 local television channels in Jammu and Kashmir for 
broadcasting protests.
    There were several attacks against journalists for allegedly 
inciting attacks. These included an August 25 attack by CRPF soldiers 
against Asif Qureshi of Star News at Hyderpora, Jammu and Kashmir, and 
an August 29 attack by army soldiers against Hakeem Irfan, a 
correspondent with Rising Kashmir.
    In August the Kangleipak Communist Party (Military Council)'s L. 
Khuman faction in Manipur imposed a ban on the newspaper Poknapham 
after it failed to publish a story on the front page. On August 5, 
Manipur media called a strike in sympathy with the newspaper.
    Some attacks on the media were apparently intended to harass or 
inhibit the free expression of opinions. On January 20, Hindu Samrajay 
Sena members attacked the office of NDTV in Bhopal, Madhya Pradesh, to 
protest the television channel's broadcast in support of a state award 
for controversial painter M.F. Hussein.
    On April 2, activists of the Hindu Garjana Pratishthan damaged the 
Communist Party of India (Marxist) (CPI(M)) office in Pune and 
assaulted three party workers. Police detained and released 12 persons 
but issued no formal charges. In June the MTV office in Mumbai was 
vandalized for an allegedly negative portrayal of a Sikh in a publicity 
campaign. On June 5, Shiv Sangram Sena activists damaged the house of 
Mumbai journalist Kumar Ketkar to protest an article written by him. 
Police registered a complaint and arrested the alleged attackers.
    On October 16, the Jammu and Kashmir State Human Rights Commission 
(SHRC) responded to the 2007 attack and torture of Naseer Ahmad Khora, 
a journalist and human rights activist, by directing the state 
administration to pay 70,000 rupees (approximately $1,489) in 
compensation. The SHRC noted that such acts pose a threat to the 
freedoms of press and expression.
    There were no developments stemming from the May 2007 fire that 
killed three persons at the Dinakaran newspaper office in Madurai. 
Police were present but did not stop a faction of Tamil Nadu's ruling 
party from entering the compound.
    There were no developments from the August 2007 assault allegedly 
by CPI(M) workers against three journalists of the Malayala Manorama 
Group during a demonstration at Kannur.
    There were no developments in the 2006 killing of Arun Narayan 
Dekate, a rural correspondent for Marathi daily Tarun Bharat.
    The Government maintained a list of banned books that may not be 
imported or sold in the country for fear of aggravating communal 
tensions. In July religious and opposition party members accused the 
ruling CPI(M) government in Kerala of promoting communist ideology in 
seventh grade social science books.
    On November 13, the Maharasthra government banned the showing of 
the film Deshdrohi due to police concerns it might incite violence 
between North Indians and ethnic Marathis. The Film Censor Board had 
cleared the movie for distribution throughout the country.
    In 2007 three legislators of the All India Majlis-e-Ittehadul 
Muslimeen in Hyderabad attacked Bangladeshi writer Taslima Nasreen for 
alleged anti-Muslim remarks. In November she self-censored her 
autobiography after a series of protests in West Bengal in which 43 
persons were injured. She was granted asylum in New Delhi, but she left 
the country for Sweden. She briefly returned to the country but was not 
allowed to visit Kolkata, and left the country in October.
    In 2006 the Government of Rajasthan banned Haqeeqat (Reality), a 
Hindi translation of a controversial anti-Hindu book by Kerala-based 
evangelist M.G. Mathew.
    The Government's Film Censor Board reviewed films before licensing 
them for distribution, censoring material it deemed offensive to public 
morals or communal sentiment.

    Internet Freedom.--The Informational Technology Act provides for 
censoring the Internet on public morality grounds and defines 
``unauthorized access to certain types of electronic information'' as a 
crime. The Government retained the right to limit access to the 
Internet, specifically information deemed detrimental to national 
security. The act requires Internet cafes to monitor Internet use and 
inform the authorities of offenses.

    Academic Freedom and Cultural Events.--The Government continued to 
apply restrictions to the travel and activities of visiting experts and 
scholars. During the year the Ministry of Home Affairs denied visas to 
three scholars. In 2003 the Ministry of Human Resources Development 
(MHRD) passed academic guidelines requiring all central universities to 
obtain HRD permission before organizing ``all forms of foreign 
collaborations and other international academic exchange activities,'' 
including seminars, conferences, workshops, guest lectures, and 
research. While the restrictions remained in force, in most cases, the 
MHRD permitted the international academic exchanges to take place after 
bureaucratic delays.

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

    Freedom of Assembly.--The authorities normally required permits and 
notification prior to holding parades or demonstrations, and local 
governments ordinarily respected the right to protest peacefully, 
except in Jammu and Kashmir, where the local government sometimes 
denied permits to separatist parties for public gatherings and detained 
separatists engaged in peaceful protest. During periods of civil 
tension, the authorities may ban public assemblies or impose a curfew 
under the Criminal Procedure Code.
    On some occasions, security forces either claimed harsh tactics 
were warranted or failed to protect demonstrators from violence during 
demonstrations. On February 6, during a strike, police killed five 
activists from the All India Forward Bloc party and injured 25 in 
Dinhata, West Bengal.
    In May 41 persons were killed in clashes between the police and 
members of the Gujjar tribe in Rajasthan. Twenty-six persons were 
killed in similar clashes in 2007. A six-member team from the NHRC 
visited the state to investigate.
    According to media reports, on August 11, security forces killed 
five persons, including Hurriyat Party leader Shiekh Abdul Aziz, and 
injured 230 when security forces opened fire during a protest in 
Kashmir. On August 12, security forces killed an additional 15 persons 
across Jammu and Kashmir during additional protests. Media and NGOs 
reported that on August 25, 59 persons were killed and 200 injured when 
the CRPF and the army fired upon protesters who defied curfew and 
staged demonstrations in Jammu and Kashmir. No official figures were 
available at year's end.
    On August 13, police killed two persons and injured 45 in Noida, 
Uttar Pradesh, during a demonstration.
    In 2007 Andhra Pradesh police shot and killed six villagers in 
Mudigonda in the Khammam district after a two-month protest demanding 
free land for the poor. The Government announced compensation of 
491,000 rupees (approximately $12,500) and a government job for one 
family member of each person killed, as well as two acres of 
agricultural land and education for victims' children.

    Freedom of Association.--The law provides for the freedom of 
association, and the Government generally respected this right in 
practice.
    NGOs must secure approval from the Ministry of Home Affairs before 
organizing international conferences. Human rights groups contended 
that this provided the Government with political control over the work 
of NGOs and restricted their freedom of assembly and association. NGOs 
alleged that some members from abroad were denied visas arbitrarily.

    c. Freedom of Religion.--The law provides for secular government 
and the protection of religious freedom, and the central government 
generally respected these provisions in practice. While the law 
generally provides remedy for violations of religious freedom, it was 
not enforced rigorously or effectively in many cases of religiously 
oriented violence. Some Hindu hardliners interpreted ineffective 
investigation and prosecution of their attacks on religious minorities, 
particularly at the state and local levels, as evidence that they could 
commit such violence with impunity. The country's federal political 
system accords state governments exclusive jurisdiction over 
maintenance of law and order, which limits the national government's 
capacity to deal directly with state-level abuses, including abuses of 
religious freedom.
    Legally mandated benefits were assigned to certain groups, 
including some defined by their religion. For example, the Government 
allowed educational institutions administered by minority religions to 
reserve seats for their coreligionists even when they received 
government funding. Article 17 of the constitution outlawed 
untouchability; however, members of lower castes remained in a 
disadvantageous position. A quota system reserved government jobs and 
places in higher education institutions for Scheduled Castes (SC) and 
Scheduled Tribes (ST) members belonging to the Hindu, Sikh, and 
Buddhist religious groups, but not for Christians or Muslims. Christian 
groups filed a court case demanding that SC converts to Christianity 
and Islam enjoy the same access to ``reservations'' as other SC groups. 
The case was appealed to the Supreme Court, which had not ruled by the 
end of the reporting period.
    The Religious Institutions (Prevention of Misuse) Act of 1988 
criminalizes the use of all religious sites for political purposes or 
the use of temples to harbor persons accused or convicted of crimes. 
The Religious Buildings and Places Act requires a state government 
permit before construction of any religious building. The act's 
supporters claimed that its aim is to curb the use of Muslim 
institutions by Islamist extremist groups, but the measure became a 
controversial political issue among Muslims.
    The states of Gujarat, Himachal Pradesh, Chhattisgarh, Madhya 
Pradesh, and Orissa have laws against conversion by force, enticement, 
or coercion. Arunachal Pradesh has a similar law that has not been 
implemented. On March 20, the Government of Rajasthan passed a law that 
restricts and regulates religious proselytism. On April 1, the state of 
Gujarat published the rules and regulations necessary to activate its 
``Freedom of Religion Law,'' which was adopted by the legislature in 
2003.
    In May 2007 the Andhra Pradesh government enacted a law that 
sharply limits the ``propagation of other religion in places of worship 
or prayer.'' The law forbids the distribution of literature of one 
religion within the vicinity of designated places of worship of a 
different religion. The Andhra Pradesh assembly passed an act modeled 
on this ordinance in July 2007.
    Faith-based NGOs and media reported that under the Penal Code, the 
Criminal Procedure Code, and state anti-conversion laws, there were 17 
arrests in Andhra Pradesh, six in Chhattisgarh, 25 in Madhya Pradesh, 
and two in Uttar Pradesh through October 14. In most cases police 
released on bail those arrested after a night in jail. Faith-based NGOs 
alleged that this was a systematic strategy to discourage Christian 
prayer meetings.
    There is no national law barring a person from professing or 
propagating his or her religious beliefs; however, the law prohibits 
international visitors on tourist visas from engaging in religious 
proselytizing without prior permission from the Ministry of Home 
Affairs. Travel by any foreigner to some of the northeastern states is 
granted on a case-by-case basis due to political instability and 
security concerns in the region. Missionaries and religious 
organizations must comply with the Foreign Contribution (Regulation) 
Act (FCRA) of 1976, which restricts funding from abroad. The Government 
can ban a religious organization that violates the FCRA, provokes 
intercommunity friction, or has been involved in terrorism or sedition.
    The legal system accommodates minority religions' personal status 
laws by providing for different personal laws for different religious 
communities. Religion-specific laws are paramount in matters of 
marriage, divorce, adoption, and inheritance. The personal status laws 
of the religious communities sometimes discriminated against women.
    The law limits inheritance, alimony payments, and property 
ownership of persons from interfaith marriages and prohibits the use of 
churches to celebrate marriage ceremonies in which one party is a non-
Christian. Clergymen who break the law could face up to 10 years' 
imprisonment. However, the act does not bar interfaith marriages.
    Two significant episodes of communal violence erupted in the 
Kandhamal district of Orissa, on Christmas Day 2007 and again in August 
2008. The December 2007 violence was triggered by desecration of 
Christmas holiday displays and an attempt on the life of Hindu 
religious leader Laxmanananda Saraswati. Five persons were killed and a 
number of homes, businesses, and churches were damaged.
    On August 23, unidentified individuals killed Laxmanananda 
Saraswati and four other religious leaders. Their deaths caused revenge 
killings, assaults, and property destruction in the district, with a 
few incidents located in surrounding districts. According to government 
statistics, 40 persons died and 134 were injured, including tribal 
Kandhas and ethnic Panas, Christians, and Hindus, although more than 80 
percent of the attacks were against Christians. Property disputes and 
social tensions also played a role in the violence. The extent of the 
violence attracted worldwide media attention, including the alleged 
August 25 rape of a Christian nun.
    The majority of attacks occurred within the first week of violence 
when local police were unable to control the situation. Attacks 
continued until mid-October. The police arrested more than 1,200 
persons and opened almost 1,000 criminal cases, although the killers of 
the Hindu religious leaders had not been identified by year's end. An 
estimated 9,500 individuals remained in temporary camps in Kandhamal 
and Gajapati at year's end, wary of returning. Government sources 
calculated that at least 4,215 houses had been damaged or destroyed and 
that potentially 252 prayer halls and religious places had been 
damaged. The Government allocated funds to compensate next of kin and 
repair damaged houses, businesses, and places of worship. A government 
commission was established to investigate the killing of Laxmanananda 
and the resulting violence.
    On September 14 and 15, militant Hindu activists attacked Christian 
churches in and around Mangalore in Karnataka. Three Christians were 
critically injured and more than a dozen others were assaulted. 
Mahendra Kumar, the local leader of the Hindu Bajrang Dal organization, 
claimed responsibility, stating the attacks were in response to 
``forced conversions'' and insults towards Hindu deities. Media and 
Christian groups reported that some police refused to intervene to 
protect Christians and suppress the violence. There were also reports 
that police entered and damaged at least three churches. The central 
government threatened to invoke emergency provisions if the state 
government failed to take action. On September 18, police arrested 
Kumar, which sparked additional vandalism against churches in the 
state. While the state government increased security around churches, 
occasional acts of vandalism against churches and assaults on persons 
occurred sporadically in Karnataka. The state initiated a judicial 
inquiry into the September 14-15 attacks, which continued at year's 
end.
    On July 3, Hindus and Muslims clashed in Indore, Madhya Pradesh 
when protests called by Hindu nationalist parties BJP and VHP turned 
violent. The parties called the protests in response to the 
Government's revocation of its decision to transfer land in the Muslim-
occupied area of Kashmir to the Amarnath Shrine, a Hindu religious 
site.
    On August 6, the Supreme Court extended the ban on the Students 
Islamic Movement of India (SIMI) for six weeks. The Delhi High Court 
had removed the ban after an appeal by SIMI.
    On August 15, MNS activists damaged a school in Pune for allegedly 
failing to celebrate Independence Day. In August MNS activists damaged 
several shop fronts in Mumbai for not having signs in the local 
language, Marathi. In both these incidents, the police arrested MNS 
activists for vandalism.
    On April 16, the Ministry of Home Affairs testified to the 
parliament that 4,356 victims' claims connected to the 1984 anti-Sikh 
riots following the assassination of former Prime Minister Indira 
Gandhi were pending with the various state governments. So far, 27,916 
claims had been settled. On August 27, the Delhi High Court sentenced 
four persons to life imprisonment for their involvement in the 1984 
anti-Sikh riots. A fine of 21,000 rupees (approximately $477) was 
imposed on Lal Bahadur, Ram Lal, Virender, and Surinder Pal Singh after 
finding them guilty of rioting, murder, and conspiracy. The verdict 
came 18 years after a trial court acquitted the four due to lack of 
evidence.
    On October 5, 10 persons were killed, 383 persons injured, 1,157 
homes damaged, and 400 homes destroyed during Hindu-Muslim violence in 
Dhule, Maharashtra.
    At year's end Harkat-ul-Jehad-i-Islami activist Mohammed Abdul 
Sahed (alias Bilal) remained the key suspect in the May 2007 bomb 
explosion in the Mecca Masjid in Hyderabad, which killed nine persons 
and injured more than 50.
    Two Catholic nuns, arrested in July 2007 in Mayurbhanj, Orissa, for 
allegedly forcibly converting and torturing students in their school, 
were released on bail days after their arrest.
    On July 8, a special riot court in Mumbai sentenced Madhukar 
Sarpotdar, Shiv Sena leader and former member of parliament, to one 
year in prison in connection with the 1993 Mumbai riots. The court 
sentenced two others to similar punishments and a fine of 5,000 rupees 
(approximately $113).
    In May the central government announced (approximately $80 million) 
in compensation for victims of the 2002 post-Godhra riots in Gujarat. 
Approximately 1000 relatives of those killed have received 
compensation, but property loss claims had not been paid by year's end.
    On September 18, the Gujarat state-organized Nanavati-Mehta 
Commission published the first part of its report on the February 2002 
Godhra train burning and subsequent violence that killed more than one 
thousand persons, the majority of whom were Muslims. The commission 
differed from other investigations in both exonerating Chief Minister 
Narendra Modi for instigating anti-Muslim violence and finding the 
Godhra incident to be premeditated and not accidental. The Government 
of Gujarat granted a one-year extension, to December 31, 2009, to the 
commission.

    Societal Abuses and Discrimination.--On May 9, the Ministry of Home 
Affairs testified to the parliament that 761 cases of communal violence 
occurred in 2007, in which 77 persons were killed and 2,227 were 
injured. These attacks occurred against several different communities 
including Christian, Hindu, and Muslim.
    According to the NCRB, 75,027 persons were arrested for atrocities 
against STs and SCs in 2006 and 2007. In 2007, 35,563 incidents were 
reported against STs and SCs. In 2007 the average conviction rate for 
SCs was 27.6 percent and for STs, 28 percent. In 2006 the Ministry, 
citing NCRB records, found that 13,449 persons faced conviction for 
crimes against persons belonging to the SC/STs. The NCRB had not 
released updated conviction rates by year's end.
    Several human rights and religious freedom NGOs continued to 
express concern over anti-Christian violence in several states governed 
by the BJP and claimed that some attackers had affiliations with the 
Hindu extremist group Rashtriya Swayamsevak Sangh (RSS).
    During October 3-6, communal violence broke out between migrant 
Muslim settlers and Bodos, killing 47 persons and leaving 86,000 
persons homeless in two districts in Assam. Twenty-two persons were 
killed by police fire.
    NGOs reported that attacks against Christians occurred in many 
urban areas. On September 5, two nuns and children in their care were 
removed from a train in Chhattisgarh by alleged VHP and Bajrang Dal 
activists, who claimed that the nuns were forcibly converting the 
orphans. All were released after the local bishop interceded and spoke 
to the governor.
    In April a lawsuit seeking compensation for Muslim youths who were 
allegedly tortured by police was filed in Hyderabad city civil court. 
Police detained a youth on suspicion of involvement in the 2007 
Hyderabad attacks. Hyderabad-based Muslim organizations alleged that 
police detained innocent Muslim youths to link them to terrorist 
activities in the state.
    Muslims in some Hindu-dominated areas continued to experience 
intimidation and reported poor government attention to their concerns, 
resulting in a lack of access to work, residency, or education. In some 
areas, primarily in Gujarat, Hindutva groups displayed signs stating 
``Hindus only'' and ``Muslim-free area.'' Hindutva is the ideology that 
espouses politicized inculcation of Hindu religious and cultural norms 
above other religious norms. There were also allegations of 
prohibitions on the Muslim call to prayer.
    Hindu organizations frequently alleged that Christian missionaries 
forced or lured Hindus, particularly those of lower castes, to convert 
to Christianity. In Christian majority areas, Christians reportedly 
harassed members of other communities.
    From April to July, Hindu groups such as the Hindu Aikya Vedi 
organized violent marches against Christian organizations and churches 
in Kerala. In April in Thiruvalla, Pathanamthitta District, marchers 
threw stones at Christian buildings and in July, protesters prevented 
Christians in Kottayam from meeting by throwing stones. No serious 
injuries were reported.
    Hearings in the 2007 Rizwanur Rehman killing case continued at 
Kolkata High Court. The body of Rehman, a Muslim who had married the 
daughter of a Hindu businessman, was discovered in 2007. While a CBI 
report had indicated ``suicide prompted by circumstances'' was the 
cause of death, on October 1, three officers of the Kolkata City Police 
were among seven persons charged by the CBI and sent to judicial 
custody for Rehman's death. On October 28, the CBI raided the house of 
Ashok Todi, father-in-law of Rehman. In December police arrested Todi 
and his brother.
    Most Indian Jews emigrated to Israel in 1948. There are believed to 
be only 13 Indian-born Jews from seven families still living in Kochi 
and approximately 40 Jews living in Delhi. Small but active communities 
remain in Mumbai, estimated at around 1,500. Most Mumbai Jews are known 
as Baghdadi Jews who came from Iraq, Iran, Syria, and Afghanistan 
possibly 250 years ago. In Northeastern India, an estimated 9,000 
Indians started practicing Judaism in the 1970s, saying they were a 
lost tribe and descendants of the tribe of Manasseh. In recent years 
over 1,400 members of the community emigrated to Israel. During the 
November 26 attacks in Mumbai, terrorists allegedly belonging to LeT 
attacked the Jewish Chabad-Lubavitch center located at the Nariman 
House, as part of several coordinated attacks on high profile civilian 
targets in the city. The attackers killed six Jewish persons of United 
States, Israeli, and Mexican nationality before being killed by 
security forces.
    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, and the Government generally respected this in practice; 
however, in certain border areas the Government required special 
permits.
    Security forces often searched and questioned occupants at vehicle 
checkpoints, mostly in troubled areas in the Kashmir Valley or after 
major terrorist attacks. The Government also completed construction 
(except in areas of difficult terrain) of a 330-mile security fence 
along the Line of Control in Jammu and Kashmir, causing difficulties as 
it cut through some villages and agricultural lands. The Government 
asserted that a decline in insurgent crossings during the year was due 
in part to the fence.
    Under the Passports Act of 1967, the Government may deny a passport 
to any applicant who may engage in activities outside of the country 
``prejudicial to the sovereignty and integrity of the nation.'' The 
Government prohibited foreign travel by some government critics, 
especially those advocating Sikh independence, and members of the 
separatist movement in Jammu and Kashmir.
    Unlike in previous years, there were no reports of the Government 
using the issuance of passports or travel documents to restrict travel 
of separatist leaders in Jammu and Kashmir. However, citizens from 
Jammu and Kashmir continued to face extended delays, often up to two 
years, before the Ministry of External Affairs would issue or renew 
their passports. Government officials demanded bribes for applicants 
from Jammu and Kashmir who required special clearances. Applicants born 
in Jammu and Kashmir-even the children of serving military officers 
born during their parents' deployment in the state-were subjected to 
additional scrutiny, requests for bribes, and police clearances prior 
to passport issuance.
    There was no law banning forced exile and no reports of its use 
during the year.

    Internally Displaced Persons (IDPs).--According to the Norwegian 
Refugee Council, regional conflicts in Jammu and Kashmir, Gujarat, and 
the northeast displaced at least 650,000 persons. According to the 
Ministry of Home Affairs' Annual Report for 2007-08, there were 55,456 
Kashmiri Pandit migrant families, of which 34,878 resided in Jammu, 
19,338 in Delhi, and 1,240 in other states. There were 230 migrant 
families living in 14 camps in Delhi and 5,778 families in 16 camps in 
Jammu.
    The 2007-08 report stated that the ministry had engaged the 
Government of Mizoram on the repatriation of Reang refugees from 
Tripura to Mizoram.
    According to media sources, tensions in six Reang/Bru refugee camps 
in Kanchanpur were due to noninclusion of over 7,000 children in ration 
cards. A survey conducted by Asian Indigenous and Tribal Peoples' 
Network (AITPN) on Bru internally displaced families found that more 
than 94 percent of the camp inmates had documents issued by Mizoram 
authorities to prove their bona fide residence.
    On October 1, 300 cadres belonging to United Liberation Front of 
Barak Valley (ULFBV), a militant group of Reang tribe members, 
surrendered before Assam Chief Minister Tarun Gogoi.
    AITPN presented its findings to the Supreme Court, but neither the 
state nor central governments tried to verify the Brus' status. Despite 
the Tripura government's recommendation, the central government failed 
to increase the ration card numbers to include 1,514 children, forcing 
families to share their food allocation. More than 1,000 Hmar refugees, 
one of the numerous tribes that belonged to the Chin-Kuku-Mizo tribe, 
were reportedly displaced in and around Mizoram, some of them from 
Manipur.
    In 2005 the Supreme Court ordered the Ministry of Home Affairs, the 
election commission, and the Governments of Mizoram and Tripura to 
resettle approximately 40,000 displaced Reangs and add them to the 
electoral rolls. By year's end, approximately 1,000 Reangs were 
resettled in Mizoram.
    The Bru National Liberation Front (BNLF) and Mizoram government 
agreed on a financial package of 278 million rupees (approximately $6.3 
million) and paved the way for the return of Reang IDPs in North 
Tripura.
    The violence in Gujarat in 2002 displaced, according to the 
National Commission for Minorities (NCM) in 2006, 5,307 Muslim families 
to 46 camps in ``precarious conditions'' across Gujarat. By November 
2007, the Government of Gujarat completed the process of giving ration 
and voter cards to the IDPs at their camp addresses, confirming their 
permanent relocation.
    More than 87,000 persons lived under poor conditions in IDP camps 
in Assam as a result of continuing violence in the northeast. According 
to press reports, nearly 2,000 families who were riot victims from the 
Kokrajhar, Bongaigaon, and Dhubri districts in Assam awaited 
rehabilitation grants sanctioned by the state government following the 
periodic riots that occurred during 1993-99 in these areas.
    An NGO reported that the Assam state government released part of 
the grants in 2007. The Government also provided assistance to IDPs and 
allowed them access to NGO and human rights organizations. As in 
previous years, there were no reports that the Government attacked or 
forcibly resettled IDPs. No government programs were specifically 
designed to facilitate resettlement.
    During 2006 the Chhattisgarh government opened IDP camps in 
Dantewara district for tribal persons caught in fighting between 
Naxalites and the Salwa Judum. Credible reports claimed the police 
forced villagers to relocate to the camps. In October the NHRC report 
identified 23 government relief camps, with an estimated camp 
population of 40,000 IDPs, down from 27 camps with as many as 60,000 
IDPs in 2006.
    The camps lacked adequate shelter, food, health care, education, 
and security. Civil society groups alleged that men, women, and 
children from the camps were trafficked for labor, sexual exploitation, 
and child soldiering. Numerous sources alleged that children were armed 
by both Naxalites and Salwa Judum activists. Police acknowledged that 
some minors could have been armed as SPOs but stated they dismissed 
minors upon learning their true ages.
    NGOs alleged that hundreds of Chhattisgarh IDPs settled in reserved 
forest areas in Andhra Pradesh were denied basic assistance, including 
food, water, shelter, medical facilities, and sanitation. Little was 
known about the population or its living conditions. According to HRW, 
the Andhra Pradesh forest department made several attempts to evict 
displaced persons from Kothooru.

    Protection of Refugees.--According to the World Refugee Survey 
2007, 435,900 refugees were in the country, including the Dalai Lama, 
spiritual leader of the Tibetan Buddhists.
    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 against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened, especially to Tibetans and Sri Lankans. According to the 
Office of the UN High Commissioner for Refugees (UNHCR), during the 
year there were 11,321 refugees under UNHCR mandate in the country. 
Since 1960, the Government has hosted approximately 110,000 de facto 
refugees from Tibet. Tibetan leaders in the country stated that the 
Government treated them extremely well. The Ministry of Home Affairs 
has spent 180,600,000 rupees (approximately $4.2 million) on Tibetan 
refugee resettlement.
    Due to the absence of clear guidelines, the refugees are governed 
under the Foreigners Act 1946 that defines a foreigner as a person who 
is not a citizen of India and is thus eligible to be deported.
    Prior to the Olympic Games in August, Tibetan refugees protested 
throughout the country. The Tibetan Youth Congress (TYC) organized most 
of the protests and reported that, on the whole, police did not 
mistreat the refugees during arrests or dispersion of the crowds. These 
demonstrations began on March 13, when an estimated 100 Tibetan 
protesters were arrested near Dharamsala, Himachal Pradesh, in their 
protest march to the Tibetan capital of Lhasa. Police detained the 
protesters for 11 days. On April 15, 45 TYC members participated in the 
Tibet Independence Torch relay, and 33 of them were arrested and 
detained in Tihar jail. The following day, 65 activists protested at 
the Chinese Embassy in Delhi, and 48 were arrested.
    According to TYC reports, some female activists were injured when 
police officers forcibly arrested them.
    On April 17, TYC organized 300 protesters to demonstrate against 
the arrival of the Olympic torch in the country. According to TYC, 
police arrested almost all of the protesters. TYC accused Mayapuri 
police of beating some protesters, resulting in injuries for two 
protesters.
    On April 30, in an address before the parliament, the Ministry of 
Home Affairs stated that 680 Tibetan protesters were arrested in 
various states in the country during the March protests.
    On July 28, TYC launched a series of three hunger strikes in Delhi 
as part of the Olympic protests. When police forcibly removed the first 
group of hunger strikers, Tibetans protested. Police arrested 86 
protesters who tried to prevent police from reaching the hunger strike 
tent; the protesters were released on August 20. On August 24, TYC 
terminated the fast.
    The Government generally denied NGOs, international humanitarian 
organizations, and the office of the UNHCR direct access to refugee and 
IDP camps, particularly in Mizoram. While the UNHCR had no formal 
status, the Government permitted its staff to access refugees in urban 
centers and maintained a local office in Tamil Nadu. The Government did 
not formally recognize UNHCR grants of refugee status, although it 
provided ``residential permits'' to many Afghans and Burmese. An 
estimated 1,908 Burmese refugees have lived in New Delhi since 1982. 
The Government considered Tibetans and Sri Lankans in settlements and 
refugee camps to be refugees and provided assistance to them, but since 
it regarded most other groups, especially Bangladeshis, as economic 
migrants, it did not provide them with aid. However, in recent years a 
number of court rulings extended protection to refugees whom the 
Government had formerly considered economic migrants.
    The Government permitted recognized refugees to work, and the state 
and central governments paid for the education of refugee children and 
provided limited welfare benefits.
    According to NGOs, conditions in the Sri Lankan refugee camps were 
generally acceptable, although much of the housing, as well as water 
and sanitation facilities, were of poor quality. The UNHCR continued to 
meet outside the camps with Tamil refugees considering voluntary 
repatriation. The NGO Organization for Eelam Refugee Rehabilitation had 
regular access to the camps during the year. As of September 8, a total 
of 73,536 Sri Lankan refugees resided in 117 refugee camps throughout 
Tamil Nadu. The central government and the state of Tamil Nadu jointly 
provided monthly cash payments and food subsidies to the refugees. The 
refugees were free to move in and out of the camps, but they had to 
return for periodic roll calls. The refugees were subject to 
surveillance by police. Refugee children generally were enrolled in 
local schools.
    Those living in the country not formally recognized as refugees 
included approximately 80,000 Chakmas and approximately 200,000 
Santhals, both from Bangladesh, who remained in Arunachal Pradesh, 
Mizoram, and Assam. Afghans, Iraqis, and Iranians without valid 
national passports were also present. The Government chose not to 
deport them, issued them renewable residence permits, or ignored their 
presence. Due to financial and other reasons, many refugees were unable 
or unwilling to obtain or renew their national passports and could not 
regularize their status.
    UNHCR provided refugee status and assistance to approximately 1,800 
Chins from Burma living in New Delhi. However, UNHCR did not have 
access to the larger population of ethnic Chin living in the 
northeastern states. An estimated 80,000 Chins lived and worked 
illegally in Mizoram. NGOs stated that in 2005, 10,000 Chins with 
alleged ties to Burmese insurgent groups were expelled to Burma, where 
the military government reportedly jailed them. Mizoram human rights 
groups estimated that approximately 31,000 Reangs, a tribal group from 
Mizoram displaced by sectarian conflict, remained in six camps in North 
Tripura. Conditions in these camps were poor, and the Tripura 
government asked the central government to allot funds for their care.
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 country has a 
democratic, parliamentary system of government, with representatives 
elected in multiparty elections. The Government changed hands following 
free and fair national parliamentary elections in April and May 2004. 
The parliament sits for five years unless dissolved earlier for new 
elections, except under constitutionally defined emergency situations.
    Citizens elected state governments at regular intervals, except in 
states under the President's rule. The 2007 elections in Uttar Pradesh 
resulted in a Dalit-led party winning a majority of seats in the State 
Assembly. During the year free and fair assembly elections were held in 
Nagaland, Karnataka, Meghalaya and Tripura, Rajasthan, Madhya Pradesh, 
Chhattisgarh, Mizoram, Jammu and Kashmir, and Delhi. According to the 
Election Commission, voter turnout for the elections in Jammu and 
Kashmir was 61.1 percent, compared to 26 percent during the last 
election in 2002. Seven civilians were killed in elections in the state 
during the year, compared to 26 in 2002.
    Political parties could operate without restriction or outside 
interference.
    In July 2007 Pratibha Patil became the country's first female 
President. There were 73 women in the 784-seat national legislature, 
two in the 32-member cabinet of ministers, and eight among the 47 
ministers of state. There were numerous female representatives in all 
major parties in the national and state legislatures. The chief 
minister of Uttar Pradesh, the country's largest state with a 
population of 183 million, was a woman. The constitution reserves 33 
percent of seats for women in elected village councils.
    The constitution reserves a proportionate number of seats in the 
parliament and state legislatures for STs and SCs. Indigenous persons 
actively participated in national and local politics.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, in practice officials 
frequently engaged in corrupt practices with impunity.
    Both the Election Commission and the Supreme Court upheld mandatory 
disclosures of criminal and financial records for election candidates. 
However, election campaigns for the parliament and state legislatures 
often were funded with unreported money, and the Government failed to 
combat the problem.
    In 2006 the Government launched a national antibribery campaign to 
raise public awareness of the right to information. The law mandates 
stringent penalties for failure to provide information or affecting its 
flow and requires agencies to proactively reveal sensitive information. 
While the Government took extended periods of time to reply to 
information requests, local community members as well as noncitizens 
could access the Right to Information Act (RTI) online portal to get 
information on personal documentation, city plans, and other public 
records. The Government charged 10 rupees (approximately $0.21) as a 
fee at the time the request was made. Nine state governments have right 
to information laws. The Ministry of Home Affairs' 2007 annual report 
stated that 8,311 applications were processed under the RTI in 2006-07. 
If a request is denied, the individual can appeal to the Central 
Information Commissioner and then to the High Court.
    During the year action was taken against 262 Bihar state government 
officials for not supplying information to RTI applicants.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating abuses 
and publishing their findings on human rights cases; however, in a few 
circumstances, groups faced restrictions. Government officials assisted 
some NGO inquiries and actions.
    In 2006 the Ministry of Home Affairs barred 8,673 organizations 
from seeking foreign funds under the Foreign Contribution and 
Regulation Act (FCRA) for failing to provide the proper paperwork. NGOs 
called the FCRA restrictive and claimed that the Government failed to 
notify organizations when the requisite paperwork was needed. Until 
December 2007, funds under FCRA were granted to 475 additional 
organizations. According to the Home Ministry Annual Report 2007-08, 
under FCRA, 475 organizations were granted registration and 255 
organizations were granted prior permission to receive foreign funds.
    The main domestic human rights organization was the government-
appointed NHRC. While the NHRC generally acted independently, some 
human rights groups claimed the NHRC was hampered by institutional and 
legal weaknesses. For example, while the NHRC was not required to 
notify and receive approval for visits to state-managed prisons, the 
NHRC was unable to inquire independently into human rights violations 
by the armed forces, initiate proceedings for prosecution, or grant 
interim compensation. NGOs also criticized the NHRC's financial 
dependence on the Government and the failure to investigate abuses more 
than one year old.
    In 2007 the NHRC received 76,444 complaints of human rights abuses. 
The NHRC closed 101,272 cases, including those brought forward from 
previous years. It recommended interim relief in 86 cases amounting to 
15,050,000 rupees (approximately $350,000). The NHRC did not have the 
statutory power to investigate allegations and could only request that 
a state government submit a report, which state governments often 
ignored. Human rights groups claimed that the NHRC did not register all 
complaints, dismissed cases on frivolous grounds, did not adequately 
protect complainants, and failed to investigate cases thoroughly.
    In April the Supreme Court directed the NHRC to investigate alleged 
human rights violations in Chhattisgarh connected with the government-
sponsored counterinsurgency efforts. On September 20, the Supreme Court 
asked the Chhattisgarh government to implement the NHRC's 
recommendations concerning allegations of human rights abuses by the 
state-sponsored counterinsurgency campaign Salwa Judum, SPOs, other 
security forces, and the Naxalites. The NHRC recommended further 
investigation into allegations of human rights violations, including 
extrajudicial killings.
    On October 27, the NHRC initiated an inquiry into the MNS violence 
against north Indians in Maharashtra, and the investigation contnued at 
year's end.
    Human rights monitors in Jammu and Kashmir were able to document 
human rights violations, but they were at times restrained or harassed 
by security forces, counterinsurgents, and police.
    International human rights organizations faced difficulties 
obtaining visas to visit the country for investigative purposes, and in 
country, occasional harassment and restrictions limited the public 
distribution of materials. International humanitarian organizations, 
such as the ICRC, had access to most regions, with the exception of the 
Northeast and Naxalite-controlled areas.
    Despite the recommendation to create state human rights commissions 
in the 1993 Protection of Human Rights Act (PHRA), only 17 of the 28 
states had established them by year's end. Human rights groups alleged 
that state human rights commissions were limited by local politics and 
less likely to offer fair judgments than the NHRC. For example, the 
Jammu and Kashmir commission did not have the authority to investigate 
alleged human rights violations committed by members of the security 
forces. Also, the Maharashtra State Human Rights Commission (MSHRC), 
after receiving a court order, was forced to disclose that it had 
dismissed 27,000 of the 30,000 complaints it received between July 2000 
and July 2007 without any action. It heard 39 cases and recommended 
action against police or government officials in only eight cases.
    In October the Punjab State Human Rights Commission (PSHRC) stated 
that most cases taken up by the commission deal with alleged atrocities 
committed by the Punjab police. According to the PSHRC, 6,000 of 10,000 
complaints registered through September pertained to police atrocities.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, sex, 
religion, place of birth, or social status, and the Government worked 
to enforce these provisions with varying degrees of success.

    Women.--The law provides for protection from all forms of abuse 
against women in the home, including physical, sexual, verbal, 
emotional, or economic abuse. Domestic violence includes actual abuse 
or the threat of abuse. The law recognizes the right of a woman to 
reside in a shared household with her spouse or partner while the 
dispute continues, although a woman can be provided with alternative 
accommodations, for which the spouse pays. The law also provides women 
with the right to police assistance, legal aid, shelter, and access to 
medical care. The law bans harassment by way of dowry demands and 
empowers magistrates to issue protection orders where needed. The law 
criminalizes spousal rape. Punishment ranges from jail terms of up to 
one year and/or a fine of approximately 19,800 rupees (approximately 
$450).
    In practice rape and other violent attacks against women continued 
to be a serious problem. There has been a dramatic increase in reported 
crimes against women, which credible sources stated was due to a 
growing sense of security in reporting such crimes. The 2005-06 
National Family Health Survey (NFHS) reported that one-third of women 
ages 15 to 49 had experienced physical violence, and approximately one 
in 10 had been a victim of sexual violence. The survey also found that 
that only one in four abused women had ever sought help, and that 54 
percent of women believed it was justified for a husband to beat his 
wife. The National Crime Record Bureau (NCRB) reported 20,737 incidents 
of rape in 2007, and 19 of 20 victims knew their attackers. NGOs 
asserted that rape by police, including custodial rape, was common.
    In 2005 the parliament amended the Code of Criminal Procedure to 
stipulate mandatory DNA tests in all rape cases. The act also requires 
a judicial inquiry into any death or rape of a woman in police custody 
and prohibits the arrest of women after sunset and before sunrise 
except in ``exceptional circumstances.'' Human rights groups claimed 
there was no subsequent decrease in the prevalence of custodial abuse 
or killings. The law sets criminal penalties for rape, including 
spousal rape, but the Government did not enforce the law effectively. 
Only 10 percent of rape cases were adjudicated fully by the courts, and 
police often failed to arrest rapists, perpetuating a climate of 
impunity.
    Domestic violence remained a significant problem, with the highest 
prevalence in Delhi, according to a study conducted by the NGO Lawyers 
Collective and UNIFEM. A total of 3,534 cases were reported in Delhi, 
followed by Kerala with 3,287 cases, and Maharashtra with 2,751 cases, 
between 2006 and October. The NFHS also found that 59 percent of 
married women in the state of Bihar suffered from domestic violence and 
that this rate of domestic violence was positively correlated with 
illiteracy.
    Upper caste gangs used mass rape to intimidate lower castes, and 
gang rape was reportedly used as punishment for alleged adultery or as 
a means of coercion or revenge in rural property disputes.
    There was no progress in the 2007 case in which three rioters in a 
rally stripped an Adivasi woman while others took pictures of her on 
their cellular phones.
    An investigation continued in the 2006 rape of 25 women in Manipur 
by 18 armed insurgents belonging to the United National Liberation 
Front and Kanglaipak Communist Party. A judicial commission 
investigated the incident and submitted its findings to the state 
government in 2007, but there were no further developments by year's 
end.
    There was no response to an NHRC request of state officials to 
investigate a 2006 case in which upper caste men raped seven Dalit 
women in the Lakhisarai district of Bihar.
    On September 15, the court found eight persons guilty of murder and 
acquitted three others in the 2006 case of four Dalit family members 
killed by Kunbi caste villagers in Khairlanji village of Maharashtra.
    The law forbids the provision or acceptance of a dowry, but 
families continued to offer and accept dowries, and dowry disputes 
remained a serious problem. The law also provides extensive powers to 
magistrates to issue protection orders that deal with dowry-related 
harassment and murder. From January 1 through September 30, Andhra 
Pradesh police reported 392 dowry deaths, Tamil Nadu police recorded 
178, and the Karnataka State Commission for Women recorded 98. 
According to the NCRB, 8,093 dowry cases were registered in 2007.
    On September 22, the Supreme Court directed Abhinav to pay 
4,000,000 rupees (approximately $85,106) to his wife Shilpa and her 
family for mentally and physically torturing them for dowry.
    Madhya Pradesh, Kerala, Bihar, and several other states had a chief 
dowry prevention officer, although it was unclear how effective these 
officers were. Madhya Pradesh required government employees to produce 
a sworn affidavit by prospective brides, grooms, and the groom's father 
that no dowry was exchanged.
    The Government continued to ban and discourage sati, the practice 
of burning a widow on the funeral pyre of her husband, and there were 
few instances of sati. There were no reports of sati during the year.
    Honor killings continued to be a problem, especially in Punjab and 
Haryana, where up to 10 percent of all killings in those two states 
were honor killings. In July the Association for Advocacy and Legal 
Initiative, a women's advocacy group, reported that it identified 73 
cases of honor killings from Hindi-speaking states in 2007.
    For example, on September 18, Rekha and Sonu, college students in 
Noida, Uttar Pradesh, were killed by their family because Rekha 
belonged to the Dalit community. On November 6, two cousins, Pinki and 
Sonam, were killed by their families after they left home with boys 
from different castes. Five persons, including the fathers of both 
girls, were arrested and investigations continued at year's end.
    There remained no judgments in two high profile honor killings, 
despite confessions and supporting police investigations. The July 2007 
killing of a Jat woman, Baljeet Kaur, and her Valmiki husband by Kaur's 
father Kartar Singh and brothers, and the 2006 killing of Kamlesh Chand 
by her father Deep Chand and his three sons both remained unresolved.
    While the act of prostitution is not illegal, most activities such 
as the selling, procuring, and exploiting of any person for commercial 
sex as well as profiting from the prostitution of another individual 
are illegal. Unlike in previous years, Section 8 of the Immoral 
Trafficking Prevention Act (ITPA), which criminalizes the act of 
solicitation for prostitution, was infrequently used to arrest and 
punish women and girls who were victims of trafficking. The country is 
a significant source, transit point, and destination for trafficked 
women.
    In October the Jammu and Kashmir High Court criticized the CBI's 
``lax and deficient'' handling of the 2006 arrest of the former state 
minister for tourism in Jammu and Kashmir Pirzada Mohammed Sayeed and 
his wife for allegedly trafficking and blackmailing approximately 40 
local girls into prostitution. On May 27, the Jammu and Kashmir state 
government asked the High Court bench to reconsider the case. The CBI 
and the High Court Bar Association disagreed, and the case was still 
pending at year's end.
    Sexual harassment of women in the workplace included physical and 
verbal abuse from male supervisors, restricted use of toilets, and the 
denial of lunch breaks. In 2006 the Supreme Court instructed all state 
chief secretaries to comply with its mandate that all state departments 
and institutions with over 50 employees establish committees to deal 
with matters of sexual harassment. According to NCRB, 4,541 cases of 
sexual harassment were filed in 2006.
    On July 30, Delhi University's enquiry committee found a professor 
guilty of, and dismissed him for, charges of sexual harassment.
    On November 7, B. N. Ray, ex-vice principal of Ramjas College, 
Delhi University, was found guilty of sexual harassment after his 
suspension one year earlier, when six cases of sexual harassment were 
filed against him.
    On October 20, the National Commission for Women reported 153 cases 
of sexual harassment cases were registered from 2006-08. Sixty cases 
were registered in Delhi, and 77 in Uttar Pradesh; the remaining 16 
cases were divided among other states.
    On August 11, a cab driver and his accomplice were sentenced to 
death for the 2004 rape and killing of Australian national Dawn Emelie 
Griggs.
    The law prohibits discrimination in the workplace; however, in 
practice employers paid women less than men for the same job, 
discriminated against them in employment and credit applications, and 
promoted women less frequently than men. In 2006 the Government amended 
the law to provide flexibility for women to work in factories on the 
night shift.
    On March 17, the All India Muslim Women Personal Law Board released 
a new Shariat nikahnama (marriage law), applicable to both Shias and 
Sunnis, that makes registration of marriages compulsory and expands the 
rights to women. For example, the new marriage law prohibits divorce 
via text message, e-mail, or telephone, and the wife can file for 
divorce if her husband forces her to have sex.
    Many tribal land systems, notably in Bihar, denied tribal women the 
right to own land. Shari'a (Muslim traditional law) determines land 
inheritance for Muslim women rather than state statutes. Other laws 
relating to the ownership of assets and land accorded women little 
control over land use, retention, or sale. However, several exceptions 
existed, such as in Ladakh, Meghalaya, and Himachal Pradesh, where 
women traditionally controlled family property and enjoyed full 
inheritance rights.

    Children.--The law provides for protection from abuse for children 
in a variety of different areas. In 2007 the NHRC developed guidelines 
for handling child rape cases and issued recommendations on missing 
children. The NHRC recommended that state directors general of police 
should issue standing instructions to protect children and require that 
every police station have special squads or missing persons desks to 
trace missing children. District administrations were charged with 
periodically inspecting locations where children often work, in 
accordance with the law. NHRC recommended that state police 
headquarters create a system of mandatory reporting whereby all 
incidents of missing children were reported to the newly constituted 
National Commission for Protection of Child Rights (NCPCR) within 24 
hours of occurrence.
    NHRC stated that enforcement agencies, in partnership with NGOs and 
social workers, should develop a mechanism for counseling and awareness 
on child abduction, and that the National Crime Research Bureau should 
establish a National Tracking System in the form of data, including 
efforts by grassroots organizations, to help in locating and tracing 
missing children.
    The Registration of Birth and Death Act 1969 provides for 
establishing birth registration procedures for state governments. 
According to the National Commission on Population, approximately 55 
percent of national births were covered at year's end, and the level of 
registration varied substantially across states.
    The constitution provides for free, compulsory education for 
children between the ages of six and 14 years of age; however, the 
Government did not enforce this provision.
    A 2006 report commissioned by the MHRD showed that lower caste and 
Muslim student attendance rates were much lower than those of children 
in high caste families.
    Abuse of children in both public and private educational 
institutions was a problem. Although corporal punishment is banned, 
schoolteachers often used it on their students. There was still no 
progress in the 2007 case of Brijesh Prajapati, a sixth grade student 
in Farukhabad, Uttar Pradesh, who died after a beating from his 
teacher, Kishan Singh. Authorities suspended Singh and the school 
principal; the case was pending at year's end.
    On March 27, Rinky Kaushik, a 15-year old student at the Dinkar 
Model School, died after her teacher beat her. A complaint was 
registered against the principal, and the central government revoked 
its recognition of the teacher and the school.
    In April 2007 the Ministry of Women and Child Development released 
its first study of child abuse. The survey found two out of three 
children were physically abused, with a higher percentage reported 
among children aged five to 12. The states of Andhra Pradesh, Assam, 
Bihar, and Delhi consistently reported the highest rates of abuse in 
all forms. Sixty-five percent of school children reported facing 
corporal punishment. Fifty-three percent of children reported 
experiencing one or more forms of sexual abuse, and 22 percent reported 
experiencing severe sexual abuse.
    The Government sponsored a toll-free 24-hour help line for children 
in distress in 72 cities across the country. A network of NGOs staffed 
the ``Childline 1098 Service'' number, which could be accessed by 
either a child or an adult to request immediate assistance, including 
medical care, shelter, restoration, rescue, sponsorship, and 
counseling.
    In October the NCPCR found that 22 children's homes failed to 
provide regular meals, clean sheets, and potable water, and required 
children to cook for the staff and themselves. The NCPCR found no 
effective system existed to manage and supervise such homes.
    The 1929 Child Marriage Restraint Act prohibits child marriage. In 
2006 the Government tightened its legislation against child marriage 
and passed the Prohibition of Child Marriage Bill, declaring that 
existing child marriages were null and void.
    While the law states the legal age of marriage for women is 18 and 
for men 21, in practice this law was not followed. According to a 2005 
Health Ministry report, half of all women were married by the age of 
15. The report found that 45 percent of women aged 18 to 24, and 32 
percent of men aged 18 to 29, married before the legal age. According 
to a 2005 report from the Office of the Registrar General of India, 240 
girls died every day due to pregnancy-related complications in early 
child marriages. The International Center for Research on Women (ICRW) 
concluded that those married under the age of 18 were twice as likely 
to be abused by their husbands compared with women married later; they 
were also three times more likely to report marital rape. ICRW reported 
that child brides often showed signs of child sexual abuse and post-
traumatic stress. Child marriages also limited girls' access to 
education and increased their health risks, since they had higher 
mortality rates and exposure to HIV/AIDS than girls married after 18.
    Trafficking and commercial sexual exploitation of children was a 
serious problem. According to the UN Children's Fund (UNICEF), in 2004 
the country supplied half of the one million children worldwide who 
entered the sex trade.
    A study conducted by a group of NGOs revealed that approximately 
10,000 children were trafficked into the northeast states every year. 
The study reveals that children were also brought in from bordering 
countries to the northeast.
    On August 26, the Central Adoption Resource Agency (CARA) expressed 
concern over incidents of child trafficking in the guise of adoption. 
Media reports named a Chennai-based adoption agency that had fabricated 
records of children and placed them for adoption in 2000. The CARA 
chairperson stated that the agency lost its license in 2002. A criminal 
case was filed and the matter was pending in the court at year's end.
    Female feticide was an acute problem in Punjab, Haryana, and 
Rajasthan. The states of Punjab, Haryana, Gujarat, Uttar Pradesh, 
Himachal Pradesh, Delhi, parts of Tamil Nadu, Maharashtra, and 
Karnataka reported particularly low female/male ratios. Nationally, 
there were only 933 girls per 1,000 boys per the 2001 census. In 14 
districts of Haryana and Punjab there were fewer than 800 girls per 
1,000 boys. The low male/female ratio resulting from female feticide 
caused families in Punjab and Haryana to traffic women and girls from 
Bihar and other northeastern states.
    Sex determination tests are illegal under the 1994 Pre-Natal 
Diagnostic Techniques Act (PNDT). However, credible sources stated the 
problem was widespread and calculated that feticide was a $116 million 
industry. Officials claimed that the practice was prominent among 
educated and urban sections of society.
    On January 17, media reports revealed a poor conviction rate under 
the PNDT. Despite claims made by the Punjab government, police had 
obtained only six convictions under the act in the state, and 78 cases 
were pending in the courts at year's end. Out of 17 cases involving 
clinics carrying out the sex determination tests using ultra sound 
machines, three were discharged and 14 cases were pending in the courts 
at year's end.
    On July 1, two diagnostic clinics and a hospital were shut down in 
Rohini, New Delhi, for conducting sex determination tests. On August 
14, the Supreme Court issued a notice to the central government on 
public interest litigation charging that efforts to block search engine 
advertisements promoting sex selection technology had been 
insufficient.
    On November 2, the ultrasound center in Sriram Memorial Hospital in 
Gurgaon, Haryana, was closed for violating the PNDT for purposes of sex 
determination.
    There were no updates in the 2007 arrest by the Haryana Health 
Department of an unlicensed doctor, A.K. Singh, for feticide based on 
gender. Haryana registered 35 cases against doctors illegally 
conducting sex determination tests in the past two years.
    Efforts to combat feticide included a program by the Health and 
Family Welfare Ministry to target and apprehend those who carry out or 
abet female feticide. The Government also launched a ``Save the Girl 
Child'' campaign. The New Delhi municipal government sponsored a 
program that provided every girl born in a government hospital with a 
gift deposit of 5,000 rupees (approximately $114) that accumulated 
interest until cashed at the child's age of 18. In the village of 
Lakhanpal in central Punjab, a program to end female feticide resulted 
in 1,400 female and 1,000 male births.

    Trafficking in Persons.--The ITPA prohibits trafficking in human 
beings; however, trafficking in persons remained a significant problem. 
The law provides for imprisonment of seven years to life for offenses 
committed against a child (under 16), or seven to 14 years for offenses 
against minors between 16 and 18. The minimum term of imprisonment for 
brothel keeping was one year for the brothel offense and seven years to 
life imprisonment for detaining a person, with or without consent, for 
prostitution.
    The country was a significant source, transit point, and 
destination for trafficking victims, primarily for the purposes of 
prostitution and forced labor. Women and girls were lured into 
commercial sexual exploitation through deception and expectations of 
opportunities. Tribal women and those from economically depressed areas 
were particularly vulnerable to sexual exploitation. Extreme poverty, 
combined with the low social status of women, often resulted in parents 
handing over their daughters to strangers for what they believed was 
employment or marriage. In some instances, parents received payments or 
the promise that their children would send wages home.
    To a lesser extent, the country was a point of origin for women and 
children trafficked to other countries in Asia, the Middle East, and 
other countries for forced domestic servitude or commercial sexual 
exploitation. Men were also trafficked to the Arabian Gulf for 
involuntary servitude in the construction sector.
    Women and girls as young as seven years of age were trafficked from 
economically depressed neighborhoods in Nepal, Bangladesh, and rural 
areas of the country to the major prostitution centers of Mumbai, 
Kolkata, and New Delhi. In West Bengal, organized trafficking of 
illegal Bangladeshi immigrants was a principal source of bonded labor. 
Kolkata was a transit point for traffickers sending Bangladeshis to New 
Delhi, Mumbai, Uttar Pradesh, and the Middle East. The Government 
cooperated with groups in Nepal and Bangladesh to deal with the problem 
and began to negotiate bilateral antitrafficking agreements, 
particularly through the South Asian Association for Regional 
Cooperation.
    Trafficking of children into domestic servitude and sweatshops 
remained a problem. States in the northeast region (Assam, Meghalaya, 
Nagaland, Manipur, Mizoram, Tripura, Arunachal Pradesh, Sikkim), and 
Bihar served as main source areas for domestic servants in Kolkata, 
Delhi, Hyderabad, Mumbai, and, to a certain extent, Bangalore. The 
increasing number of domestic servant recruitment agents suggested that 
large trafficking networks operated in the region. In many cases women 
and girls were first brought by agents to Siliguri, West Bengal; they 
then traveled to different destinations with the traffickers. Often 
traffickers used truck drivers to carry women and girls from the 
northeast through National Highway 31, which connects the region to the 
central part of the country.
    Traffickers usually targeted minors and Dalit women. A study 
conducted by credible sources stated that out of the 173 identified 
cases of women who had become victims of the sex trade, 85 percent were 
minors and half were Dalits.
    NGOs knowledgeable about the trafficking situation frequently 
identified traffickers and the locations where brothel owners held 
girls captive but were reluctant to trust police with this information 
due to the likelihood that many trafficking victims would be arrested 
and revictimized rather than assisted by such raids. Several NGOs had 
significant successes, however, in working with police to target 
brothels with children.
    According to the United Nations Office on Drugs and Crimes (UNODC) 
latest report, from January 2007 to June, 920 cases of human 
trafficking were registered; 371 rescue operations were conducted; 
1,606 victims were rescued, including 266 minors; 1,919 were arrested; 
801 customers/clients were arrested; 30 traffickers were convicted; 33 
places of exploitation were closed; and 863 victims began the process 
of rehabilitation.
    On October 10, Ram Kishore, station house officer of the Railway 
Police, and six others were charged with the alleged sale of a woman 
into illegal captivity in Jind, Haryana. Police lodged a First 
Information Report, but had not located the accused by year's end.
    On October 30, Chander Shekhar, employee of the NGO Prayas Kendra, 
was sentenced to two years in jail for child trafficking. Delhi police 
arrested Shekhar in 2006 for selling three children residing at the NGO 
for 30,000 rupees (approximately $638).
    Although arrests and prosecutions for trafficking increased, 
convictions remained low, and collection of law enforcement data was 
difficult because there was no national system for collecting arrest 
information. The law's requirement of an inspector-level officer to 
investigate cases made charges unlikely. Many police officials 
preferred to use India Penal Code (IPC) provisions rather than 
antitrafficking laws to arrest traffickers, both because they claimed 
to have more success in getting convictions and because many IPC 
provisions were not subject to bail.
    The Government significantly increased police training and modestly 
improved interstate coordination of antitrafficking efforts, cooperated 
with NGOs, supported awareness campaigns, and increased the number of 
shelter facilities available to rescued trafficking victims; the 
conditions of the shelters, however, were often substandard. They also 
stated that persons claiming to be parents would remove girls and 
reinsert them into the industry.
    The Ministry of Women and Child Development improved coordination 
with its state counterparts and NGOs to deliver counseling, legal aid, 
medical care, repatriation and restoration services, as well as 
awareness programs such as peer education, rallies, posters, booklets, 
and street plays. The ministry also completed the Protocol on Inter 
State Rescue and Post Rescue Activities relating to trafficked persons.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution does not explicitly 
mention disability as a prohibited ground for discrimination. The 
Persons with Disabilities Act (PDA) provides equal rights for persons 
with disabilities; however, a clause that makes the implementation of 
programs dependent on the ``economic capacity'' of the Government was 
believed to significantly weaken the law.
    Widespread discrimination occurred against persons with physical 
and mental disabilities in employment, education, and access to health 
care. Accessibility for persons with disabilities to public buildings, 
transport, and spaces was not required by law, and provisions for 
wheelchair access were limited.
    According to the 2001 census, there were 22 million persons with 
disabilities in the country, but NGOs estimated the actual number to be 
much higher. A World Bank report noted that 4 to 8 percent of the 
population consisted of persons with disabilities.
    The Government and the PDA improved employment prospects for 
persons with disabilities. For example, the PDA required that 3 percent 
of public sector jobs be reserved for persons with physical, hearing, 
and visual disabilities. While only 0.44 percent of public sector 
employees were persons with disabilities, the Government increased 
funds to NGO partners to increase this number. Private sector 
employment of persons with disabilities remained low despite PDA 
benefits to private companies at which persons with disabilities 
constitute more than 5 percent of the workforce. On July 17, the 
central government approved an incentive program for private sector 
employers that covers positions with a monthly wage of 25,000 rupees 
(approximately $568).
    The PDA created a Central Coordination Committee, which reported 
that approximately 100,000 children with special needs attended 
approximately 2,500 schools that provided integrated and inclusive 
education or nonformal education. The MHRD reported in 2006 that 
children with mental disabilities had the lowest rate of school 
attendance out of any group at 53 percent, followed by those with 
speech disabilities at 57.5 percent, and those with hearing 
disabilities at 68 percent.
    The law stipulates that 3 percent of all educational spots are 
reserved for persons with disabilities; however, statistics showed that 
only an estimated 1 percent of students consisted of those with 
disabilities. The Ministry of Social Justice and Empowerment offered 
500 educational scholarships to persons with disabilities to pursue 
higher education. However, university enrollment of students with 
disabilities was still very low for reasons including inaccessible 
infrastructure, poor availability of resource materials, 
nonimplementation of the 3 percent reservation, and harassment.
    On July 14, the central government pledged to fund programs to 
provide toilets accessible for persons with disabilities, sloped ramps, 
lifts with audio systems and Braille buttons, computer rooms usable for 
persons with disabilities, and one room in each hostel for persons with 
disabilities in the country's universities. On July 15, Delhi 
University organized a special orientation program for students with 
disabilities and announced plans to start a transportation system to 
facilitate their commute.
    The disability division of the Ministry of Social Justice and 
Empowerment delivered rehabilitation services to the rural population 
through 16 district centers. A national rehabilitation plan committed 
the Government to provide rehabilitation centers to more than 400 
districts, but services were concentrated in urban areas. The impact of 
government programs was limited due to the concentration of funding 
provided to a few organizations.

    National/Racial/Ethnic Minorities.--The law provides that the 
practice of untouchability, which discriminated against Dalits and 
others defined as SCs, is a punishable offense; however, such 
discrimination remained ubiquitous.
    The law gives the President the authority to identify historically 
disadvantaged castes, Dalits, and tribal persons (members of indigenous 
groups historically outside the caste system) for special quotas and 
benefits. These groups were entitled to affirmative action and hiring 
quotas in employment, benefits from special development funds, and 
special training programs. According to the 2001 census, SCs, including 
Dalits, made up 16 percent (168.6 million) of the population, and STs 
were 8 percent (84.3 million). In 2006 the parliament passed a bill to 
reserve 27 percent of seats at educational institutions for SCs and 
members of disadvantaged social classes.
    While the law protects Dalits, in practice they faced significant 
discrimination in access to services such as health care and education, 
attending temples, and marriage. Many Dalits were malnourished and were 
the majority of bonded laborers. Dalits who asserted their rights were 
often attacked, especially in rural areas. As agricultural laborers for 
caste landowners, Dalits often worked without remuneration. Crimes 
committed by upper caste Hindus against Dalits often went unpunished, 
either because the authorities failed to prosecute such cases or 
because the crimes were unreported by victims fearing retaliation.
    Reports from the UN Committee on the Elimination of Racial 
Discrimination described systematic abuse of Dalits, including 
extrajudicial killings and a considerable rate of sexual violence 
against Dalit women. For example, on January 9, a Dalit man was pierced 
in the eyes by upper caste attackers because of his relationship with a 
relative. Police arrested six persons for the assault and charged them 
under the Scheduled Castes (Prevention) Act.
    On April 30, the Ministry of Home Affairs reported that there had 
been 13,449 persons convicted for crimes against persons belonging to 
the SC and ST according to NCRB records.
    On June 7, a Dalit girl alleged that she was raped and tortured for 
over a year in Jatapar village in Gujarat after her disappearance in 
2006. No arrests were made in the case by year's end. On June 12, a 
group of upper caste men stripped and beat a Dalit woman and her 
daughter in Ajmer, Rajasthan. The police registered a case against the 
accused, who were at large at year's end.
    There were no updates in the September 2007 case against those who 
allegedly killed two members of the Pardhi tribe and destroyed 62 
Pardhi houses in Multai, Madhya Pradesh.
    In 2006 the Supreme Court ordered the police and government to help 
intercaste couples and prevent social ostracism, and the Ministry of 
Social Justice and Empowerment directed state governments to increase 
incentives for intercaste marriages to 46,000 rupees (approximately 
$1,050). The central government pays 50 percent.
    On September 5, six persons were sentenced to death and two to life 
imprisonment for lynching four members of a Dalit family in Vidarbha, 
Maharasthra, in 2006.
    On September 24, four persons were sentenced to death and 11 to 
life imprisonment for killing Chhedu, in Barabanki, Uttar Pradesh, in 
1993. Chhedu belonged to the Chamar caste and was killed when he tried 
to prevent his attackers from molesting his daughter.

    Indigenous People.--The law provides for safeguarding tribal rights 
in most of the northeastern states, and the regulations were generally 
followed. These regulations prohibit any nontribal person, including 
citizens from other states, from crossing an inner boundary without a 
valid permit. No rubber, wax, ivory, or other forest products may be 
removed from the protected areas without prior authorization. Tribal 
authorities must approve the sale of land to nontribal persons. 
According to the Indian Confederation of Indigenous and Tribal Peoples, 
80 percent of the tribal population lived below the poverty level, and 
more than 40,000 tribal women, mainly from Orissa and Bihar, were 
forced into economic and sexual exploitation.
    Businesses and illegal undocumented Bangladeshi immigrants 
encroached on tribal lands in almost every eastern state. Numerous 
tribal movements demanded the protection of tribal land and property 
rights. As a result of complaints, tribal-majority states were created 
in 2000 from the Jharkhand area of Bihar and the Chhattisgarh region of 
Madhya Pradesh, and authorities provided local autonomy to some tribes 
in the northeast.
    In May approximately 41 persons were killed in clashes between the 
police and members of the Gujjar tribe in the state of Rajasthan. The 
Gujjars demanded inclusion in affirmative action quotas and the List of 
Scheduled Tribes. In 2007, 26 persons were killed in similar clashes. A 
six-member team from the NHRC visited the state to investigate. On July 
17, the Rajasthan Assembly passed the Reservation Bill for the Gujjar 
tribe. The Gujjars were expected to get 5 percent reservation in the 
category of Special Backward Classes.
    In November 2007 members of the CPI(M) claimed approximately 1,500 
acres of land in Munnar, Kerala, after forcibly removing 200 tribal 
families from the area.
    Since August 2007, thousands of mainly indigenous groups of 
Scheduled Castes and Tribal protesters in Chengara, Kerala, staged a 
continuing strike on a private estate demanding land ownership. 
Discussions with the state government to resolve the situation 
continued at year's end.
    In Assam, tensions remained high between indigenous Assamese tribal 
members and the Adivasi because of Adivasi demands for ST status. While 
police charged several individuals for stripping one Adivasi woman 
publicly, the woman refused the Government's offer for a job and 
100,000 rupees (approximately $2,066) in compensation and decided to 
run for the parliament. No other violence occurred. There was no 
progress on other 2007 incidents in which one person was killed.
    Civil rights organizations, working with indigenous persons in 
Kodagu district of Karnataka, accused the state government of actively 
promoting tourism at their expense. The groups alleged that more than 
1,600 families had been evicted since 1972. While the 2006 Scheduled 
Tribes Act grants indigenous persons certain rights pertaining to lands 
from which they were evicted, in practice little has changed. The 
Government had not determined by year's end which department should 
implement the new rules, with the practical effect that none of the 
evicted families were to take up permanent residence in their former 
homes.

    Other Societal Abuses and Discrimination.--The law punishes acts of 
sodomy and bestiality; however, the law was often used to target, 
harass, and punish lesbian, gay, bisexual, and transgender persons. 
Gays and lesbians faced discrimination in all areas of society, 
including family, work, and education. Activists reported that in most 
cases, homosexuals who did not hide their orientation were fired from 
their jobs. Homosexuals also faced physical attacks, rape, and 
blackmail. Police committed crimes against homosexuals and used the 
threat of arrest to coerce victims into not reporting the incidents.
    Voices Against 377, a high profile campaign to overturn Section 
377, which outlaws homosexuality, continued its efforts during the 
year. On August 27, the Law Ministry rejected the demand of the Health 
Ministry to legalize homosexuality.
    In 2006 the Supreme Court ruled that the Delhi High Court should 
not have dismissed an earlier case challenging Section 377 brought by 
two NGOs and returned the case to the Delhi High Court, which began 
hearings on September 18. The Government opposed the case based upon 
the Ministry of Home Affairs' view that homosexuality is morally wrong. 
On November 7, the Delhi High Court allowed litigants one week to 
present final statements. The case continued at year's end.
    On May 21, 40 gay and transgender groups collaborated on a bid for 
funding from the International Global Fund for AIDS, Tuberculosis, and 
Malaria (GFATM). The occasion marked the first time the groups had 
formed a united front to secure benefits for their cause.
    On August 28, the Home Ministry informed the Delhi High Court that 
it was not empowered to issue directions to treat transsexuals as a 
special class entitled to jobs and other benefits. The Ministry was 
responding to the Public Interest Litigation regarding the dismissal of 
Sanju Behra from the CRPF on the grounds of gender ambiguity. Notices 
were issued to the CISF, Home Ministry, Ministry of Women and Child 
Development, and the Health Ministry during the year.
    In December the central government submitted a report which 
asserted that legalizing homosexuality would lead to more cases of HIV/
AIDS.
    In March 2007 the UN Development Program released a report on 
``launda dancers,'' young men and boys hired to dance in women's 
clothing at various events in Bihar and Uttar Pradesh. Dancers were 
vulnerable to exploitation by being cheated of earnings or being forced 
into prostitution. Sexual assault and gang rape were frequent, and 
dancers were at high risk of contracting HIV/AIDS. Some laundas who had 
illegal castrations to join the hijra (traditional transvestite) 
community suffered from post operation complications due to inadequate 
medical care.
    According to the National AIDS Control Organization (NACO), the 
Government agency responsible for monitoring HIV/AIDS, there were 
approximately 2.3 million persons living with HIV/AIDS in the country, 
and according to the International Labor Organization (ILO), 70 percent 
of persons suffering from HIV/AIDS faced discrimination. HRW reported 
that many doctors refused to treat HIV-positive children and that some 
schools expelled or segregated them because they or their parents were 
HIV-positive. Many orphanages and other residential institutions 
rejected HIV-positive children or denied them housing.
    NACO, with support from UNAIDS and the WHO, produced revised AIDS 
estimates that showed as of December 2007 approximately 2.31 million 
persons were living with the virus and that HIV prevalence among adults 
was around 0.36 percent. Estimates for previous years (since 2002) have 
also been revised.
    On February 14, an AIDS victim's body was denied cremation in 
Kendrapara district, Orissa, due to fears the smoke from the funeral 
pyre would spread the virus.
    On August 13, Kerala became the first state to reserve government 
jobs for HIV-positive candidates.
    On August 14, an initiative to provide insurance to persons with 
HIV/AIDS was launched in Karnataka. The state estimated that 250,000 
residents were infected with HIV/AIDS; however, only 22,000 were 
registered with the main HIV/AIDS NGO, the Karnataka Network for 
Positive People.
    In Karnataka, civil society organizations alleged that since the 
May elections there was an increased intolerance on the part of police. 
On October 20, police in Bangalore arrested five hijras on unclear 
charges. When representatives from Sangama, a Bangalore-based NGO that 
defends the human rights of sexual minorities, visited the jail, they 
alleged that both they and the original arrestees were verbally and 
physically abused, and at least one female representative was assaulted 
by police officials. The confrontation escalated, and 31 were 
eventually arrested. The group included women and men who were detained 
in the same cell, in violation of police code. Cases were pending at 
year's end, but all those arrested were released within 24 hours on 
bail. On November 9, Bangalore police issued notices to a number of 
landlords in the Desarahalli neighborhood alleging that hijras were 
``indulging in immoral activities on the premises'' and demanding that 
the landlords appear at the local police station. The landlords 
responded by evicting some 30-40 hijras, many of whom were long-term 
residents.
    In 2006 authorities denied five HIV-positive children admission to 
the Mar Dionysius Lower Primary School in Kottayam district, Kerala, 
after pressure from the community. In August 2007 state government 
authorities readmitted them.
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 in practice the Government generally respected this 
right. However, while the country's active work force was more than 400 
million persons, only 30 million persons were employed in the formal 
sector, with the rest as agricultural workers and, to a lesser extent, 
urban nonindustrial laborers. While some trade unions represented 
agricultural workers and informal sector workers, most of the country's 
estimated 13 to 15 million union members were in the formal sector. An 
estimated 80 percent of the unionized workers were members of unions 
affiliated with one of the five major trade unions.
    In practice legal protections of worker rights were effective only 
for the organized industrial sector, where authorities generally 
prosecuted and punished those persons responsible for intimidation or 
suppression of legitimate trade union activities. Unaffiliated unions 
were generally not able to secure the protections and rights provided 
by the law. The 2001 Trade Union Act prohibits discrimination against 
union members and organizers, and employers were penalized if they 
discriminated against employees engaged in union activities.
    Trade unions have a limited right to strike, and workers exercised 
this right. The Essential Services Maintenance Act allows the 
Government to ban strikes in government-owned enterprises and requires 
arbitration in specified essential industries; however, the act is 
subject to varying interpretations from state to state. State and local 
authorities occasionally used their power to declare strikes illegal 
and force adjudication. The Industrial Disputes Act prohibits 
retribution by employers against employees involved in legal strike 
actions, and this prohibition was observed in practice.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right. Collective bargaining is protected by 
law, but is limited mostly to the private sector. Public servants have 
limited organizing and collective bargaining rights. When parties 
cannot agree on equitable wages, the Government may establish boards of 
union, management, and government representatives to make a 
determination. Specialized labor courts adjudicate labor disputes; 
however, there were long delays and a backlog of unresolved cases.
    The law provides workers in export processing zones (EPZs) the 
right to join trade unions and bargain collectively, although EPZ 
workers often did not exercise their full labor rights. The Trade Union 
Act designates the EPZs as ``public utilities'' and requires a 45-day 
strike notice.
    Entry into the EPZs ordinarily was limited to employees, and entry 
restrictions applied to union organizers. Unions have not vigorously 
pursued efforts to organize private sector employees since EPZs were 
established. Most EPZ workers were women. The International 
Confederation of Free Trade Unions reported that overtime was 
compulsory in the EPZs, that workers often were employed on temporary 
contracts with fictitious contractors rather than directly by the 
company, and that workers feared that complaints about substandard 
working conditions would result in their dismissal.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or bonded labor, including by children; however, such practices 
remained widespread. Offenders may be sentenced up to three years in 
prison, but successful prosecutions were rare. Enforcement and 
compensation for victims were the responsibility of state and local 
governments and varied in effectiveness due to inadequate resources and 
societal acceptance of bonded or forced labor. When inspectors referred 
violations for prosecution, long court backlogs and inadequate funding 
for legal counsel frequently resulted in acquittals. NGOs estimated 
that there were 20 to 65 million bonded laborers in the country, 
including a large number of children. The Institute for Socio-Economic 
Development research found that, in Bihar and Uttar Pradesh, the main 
form of bonded labor involved agricultural laborers. According to NGOs, 
nonagricultural sectors that had a high incidence of bonded labor were 
stone quarries, brick kilns, rice factories, jewelry, beedi making 
(hand-rolled cigarettes), and carpet weaving.
    According to the Ministry of Labor and Employment (MOLE), during 
the period April 2007 to March, 716 bonded laborers had been rescued 
and rehabilitated from the states of West Bengal, Uttar Pradesh, Bihar, 
Madhya Pradesh, and Haryana.
    Members of Scheduled Castes and Tribes lived and worked under 
traditional arrangements of servitude in many areas of the country. In 
Arunachal Pradesh, the Nishi tribe traditionally subjugated the Sulungs 
or Puroiks as customary slaves. Local customs and landlessness made the 
eradication of slavery difficult.
    The MOLE partnered with the NHRC and NGOs to investigate 
allegations of bonded labor. MOLE statistics showed a large decrease in 
the number of bonded labor cases brought before the courts, although 
the extent to which this reflected a decrease in bonded labor was 
unclear.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits forced and bonded child labor; however, the prohibition 
was not effectively enforced, and forced child labor remained a serious 
problem. Estimates of the number of child laborers varied widely. The 
Government's 2004 national survey estimated the number of working 
children in the age group of five to 14 at 16.4 million. However, NGOs 
reported the number of child laborers was closer to 60 million.
    According to 2001 census figures, 65.3 million (29 percent) of 226 
million children between the ages of five and 14 did not receive any 
formal education. Most, if not all, of the 87 million children not in 
school worked in the informal sector, often in private homes, with the 
highest rate (15 percent) in Uttar Pradesh. Child labor continued due 
to social acceptance of the practice, ineffective state and Federal 
Government enforcement of existing laws, and poverty. Many officials 
claimed they were unable to stop this practice because the children 
were working with their parents' consent. Working conditions often 
amounted to bonded labor.
    According to UNICEF, private companies in Andhra Pradesh reportedly 
employed 200,000 children in the hybrid seed industry. Most were girls 
between the ages of seven and 14 from other parts of the state. The 
majority were Dalits and members of economically disadvantaged castes 
and tribal groups forced to work in debt- bondage. They were routinely 
abused, subjected to dangerous pesticides, and denied access to 
education.
    Human rights organizations estimated as many as 300,000 children 
worked in the carpet industry. Child labor was also used in the 
following industries: gemstone polishing, leather goods, sari weaving, 
beadwork, sporting goods, brassware, fireworks, footwear, hand-blown 
glass bangles, handmade locks, hand-dipped matches, hand-quarried 
stones, hand-spun silk thread, hand-loomed silk cloth, handmade bricks, 
roadside restaurants, roadside auto repair, mining, sorting trash for 
items to resell or recycle, and beedis. A number of these industries 
exposed children to hazardous work conditions.
    According to UNICEF and others, the number of children involved in 
the silk spinning industry dropped due to competition from China and 
concerted action by the state government against employers of child 
labor. The Government of Karnataka, in partnership with UNICEF, 
monitored child labor and developed programs to enable former child 
workers to enter the state-sponsored formal education system.
    The NHRC declared the implementation of existing child labor laws 
inadequate. A child assisting its family is exempt from the provisions 
of the act, and employers in cottage industries often exploited this to 
claim that children were assisting their families.
    There is no overall minimum age for child labor; however, work by 
children under 14 is prohibited in factories, mines, domestic work, 
roadside eateries, and other hazardous industries. In occupations and 
processes in which child labor is permitted, work by children is 
permissible only for six hours between 8 a.m. and 7 p.m., with one 
day's rest weekly. Employers who failed to abide by the law were 
subject to penalties specified in the Bonded Labor System (Abolition) 
Act and to disciplinary action at the workplace.
    A ruling, effective 2006, prohibits children under the age of 14 
from labor in the domestic sector and the hospitality industry, 
although child labor in some other nonhazardous industries is legally 
permissible. In 2006 the Delhi High Court ordered the central and state 
governments to develop a plan to eradicate child labor in the capital 
area.
    The penalty for employers of children in hazardous industries is 
set at 20,000 rupees (approximately $430) per child employed, which 
establishes a welfare fund for formerly employed children. The 
Government is required to find employment for an adult member of the 
child's family or pay 5,000 rupees ($108) to the family. NGOs noted 
that requiring the Government to pay the family of a child laborer or 
finding the adult family member a job could be a disincentive to 
investigating crimes.
    The country made moderate progress on addressing child labor during 
the year. The MOLE raised awareness about child labor and coordinated 
efforts with states through videoconferences. The MOLE also drafted a 
Protocol on Prevention, Rescue, Repatriation, and Rehabilitation of 
Trafficked and Migrant Child Labor to provide practical guidelines 
relating to trafficked and migrant child labor. The MOLE, through its 
250 National Child Labor Projects, rehabilitated more than 400,000 
children from child labor situations. The MOLE also continued to expand 
the list of occupations and activities that are banned from employing 
children. In September MOLE added nine items including diving, 
mechanized fishing, food processing, timber handling, and processes 
involving exposure to free silica.
    In February a joint operation launched by the Delhi state 
government's Labor Department, the Delhi police, and the NGO Bachpan 
Bachao Andolan rescued 140 child laborers in two separate raids working 
in the zari industry and factories making photo frames, bangles, and 
mirror frames.
    On October 6, Real Sports India conducted an investigation on child 
labor. The investigation revealed children as young as six years old 
working in Jalandhar and Meerut sewing soccer balls. The children were 
required to work 10 to 15 hours a day and paid two rupees 
(approximately $0.04) per hour.
    On October 21, Bachpan Bachao Andolan rescued 17 children at 
Saharsah railway station from being trafficked for child and bonded 
labor. The rescued children were sent home. Three traffickers were 
arrested and charged under the IPC; however, two managed to escape.

    e. Acceptable Conditions of Work.--State government laws set 
minimum wages, hours of work, and safety and health standards. The 
Factories Act mandates an eight-hour workday, a 48-hour workweek, and 
safe working conditions, which include adequate provisions for rest 
rooms, canteens, medical facilities, and proper ventilation. The law 
mandates a minimum rest period of 30 minutes after every four hours of 
work and premium pay for overtime. These standards generally were 
enforced in the modern industrial sector; however, they were generally 
not observed in the vast informal economy, which included nearly 93 
percent of the work force.
    Minimum wages varied according to the state and to the sector of 
industry. Such wages were inadequate to provide a decent standard of 
living for a worker and family. Most workers employed in units subject 
to the Factories Act received more than the minimum wage, including 
mandated bonuses and other benefits. State governments set a separate 
minimum wage for agricultural workers but did not enforce it 
effectively. Some industries, such as apparel and footwear, generally 
did not adhere to a prescribed minimum wage.
    The enforcement of safety and health standards was poor, especially 
in the informal sector. Industrial accidents occurred frequently. 
Chemical industries had the highest number of accidents. Workers from 
Scheduled Castes and Tribes often worked as rag pickers, recycling bits 
of trash under hazardous and generally deplorable conditions. Workers 
from these groups also cleaned sewers and drains of human excrement 
without proper equipment and under extremely unsanitary conditions.
    The NHRC had not reported by year's end on the working conditions 
in West Bengal tea estates and the alleged starvation deaths that may 
have occurred in early 2007.
    Safety conditions were better in the EPZs than in the manufacturing 
sector outside the EPZs. The law does not provide workers with the 
right to leave workplaces that endanger health and safety, without 
jeopardizing their continued employment. The country's undocumented 
foreign workers were not extended basic occupational health and safety 
protections.

                               __________

                               KAZAKHSTAN

    The Republic of Kazakhstan, with a population of approximately 15.6 
million, had a parliamentary system dominated by President Nazarbayev's 
Nur Otan Party. According to official results, Nur Otan received 88 
percent of the vote in the 2007 national elections for the lower house 
of parliament, winning every seat in the chamber. Local and 
international observers noted some improvements in the electoral 
process over past national elections but criticized the elections as 
falling short of a number of international standards, particularly with 
respect to the legislative framework and the integrity of the vote 
counting and tabulation process. The constitution concentrates power in 
the presidency, permitting the President to control regional and local 
governments and to exercise significant influence over the legislature 
and judiciary. Changes or amendments to the constitution require 
Presidential consent. The civilian authorities generally maintained 
effective control of the security forces.
    The following human rights problems were reported: severe limits on 
citizens' rights to change their government; military hazing that led 
to deaths; detainee and prisoner abuse; unhealthy prison conditions; 
arbitrary arrest and detention; lack of an independent judiciary; 
restrictions on freedom of speech, the press, assembly, and 
association; pervasive corruption, especially in law enforcement and 
the judicial system; prohibitive political party registration 
requirements; restrictions on the activities of nongovernmental 
organizations (NGOs); discrimination and violence against women; 
trafficking in persons; and societal discrimination.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    There were no developments in the case of the 2006 killing of 
opposition leader Altynbek Sarsenbayuly and his two associates, in 
which evidence strongly indicated high level government involvement.
    Abuse was common in detention facilities and other institutions. On 
May 10, police severely beat Valery Issayev while he was in a holding 
cell. He died from injuries the next day. Authorities charged the 
supervising officer with abuse. In September the officer was sentenced 
to seven years in jail.
    On August 14, a marine border guard patrol boat opened fire on a 
fishing boat on the Caspian Sea, killing two civilians. Border 
authorities claimed that the patrol opened fire as a response to 
shooting from the boat. The local community and media alleged that 
there was no need to open fire. An investigation was under way at 
year's end.
    Military hazing led to deaths, suicides, and serious injuries. The 
Government reported 115 incidents of nonlethal military hazing during 
the year, compared to 97 in 2007. Three deaths were linked directly to 
the hazing, as opposed to four in 2007. Seven soldiers committed 
suicide.
    On June 21, Sergeant Yermakhambet Absattarov of the Kapchagai-based 
Air-Mobile Troops beat and killed conscript Umid Shaiusupov. On 
November 5, the Almaty Military Court found junior sergeant Absattarov 
guilty and sentenced him to four years in jail. On August 28, Alexander 
Nagayev, a conscript from military unit 5451, died in the hospital 
after another soldier brutally beat him. On December 9, the Karaganda 
military court sentenced conscript Tleubergenov to seven years in jail.
    In February the Pavlodar military court sentenced three soldiers to 
terms ranging from 18 months to 7 and half years for their involvement 
in the September 2007 death of military conscript Bek Bashirov.
    The number of suicides in the army increased from the previous 
year. Authorities reported 15 suicides during the first five months of 
the year, up from seven in 2007. According to Deputy Minister Bolat 
Sembinov, hazing was the primary reason for the increase in suicides. 
Authorities suspected that a soldier from unit 78460 killed himself on 
August 12 after another soldier beat him. Authorities detained a 
suspect and opened a criminal investigation, which was pending at 
year's end.

    b. Disappearance.--There were no further developments in the case 
of the March 2007 disappearance of journalist Oralgaisha Zhabaktai-
kyzy. In September 2007 the Ministry of Internal Affairs (MIA) 
concluded that her disappearance was unrelated to her ongoing reporting 
on official corruption, inter-ethnic clashes, and criminal activity in 
the Almaty region.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, but police and prison 
officials at times beat and abused detainees, often to obtain 
confessions. The procurator general's office (PGO) and the human rights 
ombudsman acknowledged that torture and other illegal methods of 
investigation were used by some law enforcement officers. Human rights 
and international legal observers noted investigative and prosecutorial 
practices that overemphasized a defendant's confession of guilt over 
collecting other types of evidence in building a criminal case against 
a defendant. Courts generally ignored allegations by defendants that 
their confessions were obtained by torture or duress.
    The ombudsman's office reported 1,800 citizen complaints during the 
first 11 months of the year, 189 of which were allegations of abuse or 
misconduct by law enforcement.
    On April 13, three police officers beat and subsequently detained 
police sergeant Rasul Zhumaliyev, accusing him of extortion. The 
beating, allegedly an attempt to extract a confession, was caught on 
tape by security cameras. The police have not opened a formal 
investigation.
    On May 19, Dmitry Chechil was admitted to the hospital with severe 
injuries suffered during a three-day detention at a police station. 
According to Chechil, the police beat him severely and refused his 
requests for medical attention. The investigation against the police 
officers was closed for lack of evidence.
    On February 1, the investigation into the March 2007 police beating 
of Alexander Gerasimov concluded. Authorities fired investigator 
Matashev and gave disciplinary warnings to investigators Barakatov and 
Almukhambetov but did not pursue criminal cases against the officers.
    The PGO reported 115 crimes related to military hazing and abuse of 
power during the year, compared to 105 in 2007.
    A few army personnel continued to subject conscripts to physical 
and verbal abuse. The Government investigated allegations of conscript 
hazing and prosecuted soldiers who engaged in this abuse, convicting 75 
soldiers during the year. The Ministry of Defense continued ad hoc 
inspections and required systematic reports from senior officers 
concerning the hazing situation in their units.

    Prison and Detention Center Conditions.--NGOs and international 
observers reported that prison and detention center conditions did not 
improve during the year. Observers cited poor treatment of inmates and 
detainees, and lack of professional training for administrators. In 
February the Constitutional Council invalidated April 2007 legislative 
changes that criminalized prisoner protests and self-mutilation.
    Prison conditions remained harsh and facilities did not meet 
international health standards, although the Government renovated three 
prisons and two detention facilities during the year as part of a 
penitentiary development program. Scarcity of medical care continued to 
be a problem. NGOs reported that about half of the inmate population 
was in need of professional treatment, especially for HIV/AIDS, 
tuberculosis, and other infectious diseases. Mistreatment occurred in 
police cells, pretrial detention facilities, and prisons. The 
Government took steps to address systemic patterns that encouraged 
prisoner abuse, including continued operation of and increased access 
for regional penitentiary oversight commissions, training of prison 
officials, and seminars for MIA police. By year's end, authorities had 
prosecuted two prison officials for abuses, and they opened 36 
investigations for corruption-related offenses, resulting in 24 
convictions.
    During the first 11 months of the year, the Government reported 48 
detainee deaths, including 10 suicides, at pretrial detention 
facilities, and 44 suicides in prisons.
    Incidents of inmates' self-mutilation as a protest against harsh 
prison conditions and abuse continued, with 66 cases involving 109 
inmates reported in 11 months of the year. Of the 66 cases, 16 were 
group self-mutilation cases.
    In January approximately a dozen Karaganda prison inmates went on a 
hunger strike to protest harsh prison conditions. In April Arshaly 
prison inmate Yevgeny Futko died after allegedly being beaten by prison 
guards for his protest against abuse. According to media reports, other 
prisoners also were beaten severely and hospitalized after they tried 
to protest against brutality by guards. Prison officials denied any 
wrongdoing and alleged that Futko died of natural causes.
    Civil society activists worked with the Councils for Public 
Oversight of the Ministries of Justice and of Internal Affairs, as well 
as the human rights ombudsman's counter-torture working group, to 
monitor the situation in prisons and detention facilities. However, 
many observers criticized the councils for lacking independence or any 
clearly defined authority or power.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but problems remained.

    Role of the Police and Security Apparatus.--The MIA supervises the 
national police force, which has primary responsibility for internal 
security, including the investigation and prevention of crimes and 
administrative offenses and the maintenance of public order and 
security. The Agency for Combating Economic and Corruption Crimes 
(financial police) has administrative and criminal investigative 
powers. The Committee for National Security (KNB) plays a law 
enforcement role in border security, internal security, antiterrorism 
efforts, and the investigation and prevention of illegal or 
unregistered groups such as extremist groups, military groups, 
political parties, religious groups, and trade unions. The KNB also 
oversees the external intelligence service, Barlau. The financial 
police and the KNB report directly to the President.
    According to a poll released by the PGO's Crime Statistics 
Committee, 35 percent of the population did not believe that the 
Government can protect them from infringement of their civil rights and 
freedoms, specifically infringement by the police and the courts. 
Public perception of police effectiveness was low, and corruption among 
law enforcement officers was believed to be high. Authorities fired 183 
officers for abuse of power and corruption during the year; 69 of them 
were fired for corruption. Authorities gave disciplinary penalties to 
1,399 police officers.
    During the year the Government maintained MIA hot lines and 
received over 11,000 complaints about police corruption and abuse.
    The procurator general chairs a council for coordination of law 
enforcement operations. Staff includes heads of other law enforcement 
agencies. Among many things, the council reviews complaints against law 
enforcement.
    The MIA cooperated with NGOs to provide human rights training 
seminars for police at the local level. The Government cooperated with 
international organizations to provide limited law enforcement training 
aimed at decreasing abuse by emphasizing investigative skill 
development.

    Arrest and Detention.--On August 30, legislation implementing a May 
2007 constitutional amendment went into effect transferring the power 
to sanction arrest from the procurators to the judiciary.Procurators 
continued to have the power to authorize investigative actions such as 
searches and seizures. The law allows police to hold a detainee for 72 
hours before bringing charges. Human rights observers criticized this 
time period as too lengthy and said that authorities often used this 
detention to exert pressure and extract confessions. A bail system 
exists but was not widely used, and many individuals remained in 
pretrial detention until their trial.
    Persons detained, arrested, or accused of committing a crime have 
the right to the assistance of a defense lawyer from the moment of 
detention, arrest, or accusation; however, police were not required 
under the law and in practice did not inform detainees that they had 
the right to an attorney. Human rights observers alleged that law 
enforcement officials dissuaded detainees from seeing an attorney, 
gathered evidence through preliminary questioning before the person's 
attorney arrived, and in some cases used corrupt defense attorneys to 
gather evidence. The law states that the Government must provide an 
attorney for an indigent suspect or defendant when the suspect is a 
minor, has physical or mental disabilities, or is facing serious 
criminal charges. In practice, public defenders were often poorly 
equipped to assist defendants.
    Procurators reported on continuing problems with arbitrary arrest 
and detention of citizens.During the first nine months of the year, 
authorities released 17 persons from illegal pre-trial detention and 
675 persons from illegal custody in police offices.
    The Government occasionally arrested and detained government 
opponents and critics, sometimes for minor infractions such as 
unsanctioned assembly. However, there were no allegations of prolonged 
detention for political offenses.

    e. Denial of Fair Public Trial.--The law does not provide 
adequately for an independent judiciary. The executive branch limited 
judicial independence. Procurators enjoyed a quasi-judicial role and 
were permitted to suspend court decisions.
    Corruption was evident at every stage of the judicial process. 
Although judges were among the most highly paid government employees, 
lawyers and human rights monitors alleged that judges, procurators, and 
other officials solicited bribes in exchange for favorable rulings in 
the majority of criminal cases.
    There are three levels in the court system: district, oblast 
(regional), and the Supreme Court. District courts are the court of 
first instance in nearly all criminal cases. Regional courts hear cases 
involving more serious crimes, and may handle cases in rural areas with 
no local courts. District court decisions may be appealed to the 
regional courts, and regional court decisions may be appealed to the 
Supreme Court. There are also military courts. Military courts have 
jurisdiction over civilian criminal defendants who were alleged to be 
connected to military personnel undergoing a criminal trial. Military 
courts use the samecriminal code as civilian courts.
    The constitutional council rules on election and referendum 
challenges, interprets the constitution, and determines the 
constitutionality of laws adopted by parliament. Citizens have no right 
of direct appeal to the constitutional council.
    The Presidentially appointed High Judicial Council recommends 
nominees for the Supreme Court to the President, who in turn recommends 
them to the senate for approval. The council makes recommendations to 
the President for all lower-level judges, but these appointments are 
made directly by the President. Judges are appointed for life. The 
parliament may remove Supreme Court judges upon recommendation by the 
President, and the President may remove lower court judges.

    Trial Procedures.--Courts continued conducting jury trials for 
aggravated murder cases during the year, pursuant to legislation 
enacted in 2006. Observers noted that the juror selection process was 
inconsistent, that trial participants lacked knowledge of the new 
system, and that judges, who deliberate with the jurors, tended to 
dominate the process. In its report on the monitoring of jury trials, 
Organization of Security and Cooperation in Europe's (OSCE) Office for 
Democratic Institutions and Human Rights (ODIHR) made a number of 
recommendations on improvement of the jury trial system, including more 
impartial selection of jurors, free and open access to trials, standard 
requirements for equipment in courtrooms to record the proceedings, and 
development of procedures through which jurors could exclude evidence 
obtained through torture or cruel or humiliating treatment. During the 
year courts conducted 30 jury trials involving 46 defendants; jurors 
convicted 41 defendants and acquitted three.
    Trials were public, except in instances that could compromise state 
secrets, or to protect the private life or personal family concerns of 
a citizen. However, there were several reports of journalists and 
observers being denied access to open court hearings. Defendants in 
criminal cases have the right to counsel and to a government-provided 
attorney if they cannot afford one. Under the criminal procedure code, 
defendants must be represented by an attorney when the defendant is a 
minor, has mental or physical disabilities, does not speak the language 
of the court, or faces 10 or more years of imprisonment. In practice 
defense attorneys reportedly participated in only half of all criminal 
cases, in part because the Government did not have sufficient funds to 
pay them. The law also provides defendants the right to be present at 
their trials, to be heard in court, and to call witnesses for the 
defense. Defendants enjoy a presumption of innocence, are protected 
from self-incrimination, and have the right to appeal a decision to a 
higher court. Human rights activists reported that there were numerous 
problems in the judicial system, including lack of access to court 
proceedings, frequent procedural violations, lack of a presumption of 
innocence, poor explanation of rights to defendants, and the failure of 
judges to investigate allegations that confessions were extracted 
through torture or duress. Lack of due process was a problem, 
particularly in politically motivated trials and in cases where 
improper political or financial influence was alleged.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners. There were no reports of individuals imprisoned 
following politically motivated criminal prosecutions based on 
nonpolitical offenses.

    Civil Judicial Procedures and Remedies.--Civil cases are handled by 
economic and administrative court judges under a court structure that 
largely mirrors the criminal court structure. The law and constitution 
provide for the resolution of civil disputes in court. In practice, 
observers viewed civil courts as corrupt and unreliable. Observers 
noted that litigants experienced great difficulty in enforcing 
judgments, particularly if they did not agree to pay a percentage to 
the court administrator.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions; 
however, the Government at times infringed on these rights.
    The law provides procurators with extensive authority to limit 
citizens' constitutional rights. The KNB, MIA, financial police, and 
other agencies, with the concurrence of the PGO, may infringe on the 
secrecy of private communications and financial records, as well as on 
the inviolability of the home. Courts may hear an appeal on 
procurators' decisions but cannot issue an immediate injunction to 
cease the infringement. The criminal procedure code allows wiretapping 
and recording of communications, including e-mail and electronic 
communications, without a warrant only in urgent cases.
    Government opponents and their family members continued to report 
that the Government occasionally monitored their movements and 
telephone calls.
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 
used a variety of means, including laws, harassment, licensing 
regulations, Internet restrictions, and criminal and administrative 
charges to control the media and limit freedom of expression. Judicial 
actions against journalists and media outlets, including civil and 
criminal libel suits filed by government officials, contributed to 
suspension of media outlets and self-censorship.
    The Government limited individuals' ability to criticize the 
country's leadership, and regional leaders attempted to limit local 
media outlets' criticism of them. The law prohibits insulting the 
President and other senior officials. The Government continued to 
characterize the distribution of pamphlets by Hizb ut-Tahrir (HT), a 
banned extremist political organization, as incitement for political 
and terrorist purposes and beyond the bounds of constitutionally 
protected free speech.
    According to government statistics, approximately 21 percent of the 
2,810 media outlets were government-owned. Many privately owned 
newspapers and television stations received government subsidies. The 
overwhelming majority of broadcast media not owned by the Government, 
including the larger outlets, were nonetheless owned by holding 
companies believed to be controlled by members of the President's 
family or loyal associates. The Government controlled nearly all 
broadcast transmission facilities. Media observers believed that most 
of the seven nationwide television broadcasters were owned wholly or 
partly by the Government. Regional governments owned several 
frequencies; independent broadcasters arranged to use the majority of 
these.
    All media were required to register with the Ministry of Culture 
and Information, although Web sites were exempt from this requirement.
    The licensing system is not transparent.On January 15, the 
Government conducted a tender for new licenses, but media watchdogs 
charged that the Government predetermined the results of the tender and 
awarded all new television frequencies to companies favored by the 
Government. On March 21, government-owned Samgau holding bought 49.9 
percent of Khabar stock in an auction where neither the names of the 
bidders nor the prices were orchestrated. Nevertheless, public 
activists and several politicians criticized the deal as unfair and 
alleged that the Government orchestrated the process to consolidate its 
control of the media.
    The law limits the rebroadcast of foreign-produced programming to 
20 percent of a station's total airtime. This provision burdened 
smaller, less-developed regional television stations that lacked 
resources to develop their own programs, although the Government did 
not sanction any media outlet under this provision.
    Harassment of and violence against journalists remained a problem. 
Press advocacy NGO Adil Soz reported 226 incidents of harassment and 
violence against journalists during the first 11 months of the year, 
compared to 227 such incidents during the first 11 months of 2007. 
Journalists covering organized crime and corruption reported harassment 
and intimidation by government officials and private actors.
    There were no developments in the 2006 beating of Aina Plyus 
journalist Kenzhegali Aitbakiyev, an attack allegedly connected to the 
paper's reporting on Kazakhgate, a bribery scandal involving possible 
illicit payments from foreign companies to senior government officials, 
including, allegedly, President Nazarbayev.
    On September 17, unknown assailants attacked the driver of Dulat 
Abish, director of the media holding company Aigak, and set his car on 
fire. Abish told the press that the attack was directly related to his 
paper's recent critical coverage of a local akim (governor).
    On November 28, the KNB searched the home and office of Ramazan 
Yesergepov, Editor in Chief of the newspaper Alma-Ata Info, after his 
paper published an article containing ostensibly classified KNB 
documents. On December 1, KNB agents attempted to take Yesergepov for 
questioning to Taraz, but he refused to go. The courts ordered Alma-Ata 
Info to shut down on December 4. The decision was overturned by the 
court of higher instance, but at year's end the paper was not 
publishing because its computers were confiscated in the search.
    Incidents of government pressure on the media continued. In March 
the Minister of Culture and Information met with directors of 
independent media outlets and purportedly instructed them to abstain 
from publishing stories about President Nazarbayev's former son-in-law 
Rakhat Aliyev. NGO Adil Soz reported that on March 13, the KNB 
inspected the opposition newspaper Respublika's printing house 
allegedly to check if there were any articles being published on 
Aliyev's case. On May 8, Gulzhan Yergaliyeva, the chief editor of the 
opposition newspaper Svodoba Slova, received an e-mail with threats 
that she should stop publishing pieces about Aliyev.
    In June the director of the Aktobe oblast's department of internal 
policy called the editor in chief of the independent newspaper Diapason 
and recommended that the newspaper not cover the visit of opposition 
activist Peter Svoik. Raushan Akhan, a reporter from Karaganda's 
Ortalyk Kazakhstan newspaper, was fired for criticizing the Government. 
She successfully sued the newspaper and received material compensation, 
but did not get her job back.
    There were no reports of forced outlet closures under the 
restrictive media law enacted in 2006. Included in the amendment to the 
media law were tightened government control, requiring media owners to 
re-register upon any change in editor, address, or frequency of 
publishing; a ban on those convicted of libel from holding a managing 
editor position at another media outlet; prohibition on registering an 
outlet under a name similar to one that was shut down by court action; 
and imposition of fines against broadcasters for failing to offer the 
required 50-50 mix of Kazakh- and Russian-language programming time.
    The law enables the Government to restrict media content under 
amendments that prohibit undermining state security or advocating 
class, social, race, national, or religious superiority, or cruelty and 
violence. Owners, editors, distributors, and journalists may be held 
civilly and criminally responsible for content, regardless of the 
source of information, unless it came from an official source. The 
Government used this provision to limit freedom of the press. The law 
prohibits publication of any statement that promotes or glorifies 
``extremism,'' a term that international legal experts considered vague 
and necessary for the Government to define.
    The Government subjected media outlets willing to criticize the 
President directly to intimidation such as law enforcement actions or 
civil suits. While these events continued to cast a chilling effect on 
all media outlets, criticism of government policies continued.
    The law on state secrets makes it a criminal offense to release 
information about the health, finances, or private life of the 
President, as well as economic information such as mineral reserves and 
government debt owed to foreign creditors. To avoid possible legal 
problems, media outlets often practiced self-censorship regarding 
information on the President or his family.
    Criminal libel suits could be initiated by private parties on 
behalf of the Government, and an individual filing such a suit would be 
able to file a civil suit as well, based upon the same allegations. 
Officials used the law's restrictive libel and defamation provisions to 
constrain media outlets from publishing unflattering information. Both 
the criminal and civil codes contain articles establishing broad libel 
liability. The fact that owners, editors, distributors, publishing 
houses, and journalists were held responsible for proving the veracity 
of published information, regardless of its source, promoted self-
censorship at each level. At times fines for libel were exorbitant.
    In contrast to previous years, watchdog NGOs reported fewer libel 
cases, although some government officials still sued journalists for 
defamation of character. On September 18, a Petropavlovsk court began 
hearings on a libel suit initiated by the deputy director of the 
regional police department against Vremya newspaper reporter Victor 
Miroshnichenko. In a July 10 article, Miroschnichenko claimed the 
police official was accepting bribes. The trial was ongoing at year's 
end.

    Internet Freedom.--There were no formal government restrictions on 
access to the Internet, but observers reported that the Government 
monitored e-mail and Internet activity, blocked or slowed access to 
opposition Web sites, and planted progovernment propaganda in Internet 
chat rooms. The country's only Internet service providers, state-owned 
Kaztelecom and privately owned Nursat, were regulated by the state. 
Nevertheless, Web sites expressed a wide variety of views, including 
viewpoints critical of the Government. According to government 
statistics, there are 600,000 regular Internet users in the country (4 
percent of the population). Internet users were primarily urban.
    The Agency for Information and Communication (AIC) controlled the 
registration of .kz domains. The AIC may suspend or revoke registration 
for failure to locate servers in the country. Observers criticized the 
registration process as unduly restrictive and vulnerable to abuse.
    Media watchdog group Adil Soz and two independent Internet 
publishers reported that the Government blocking of four opposition-
oriented Web sites continued intermittently throughout the year, 
although three of the four sites remained accessible through servers 
based outside the country. The blocking began in October 2007 in 
connection with the publication of audio recordings and transcripts of 
telephone conversations between high-level government officials.
    On July 1, the Almaty courts suspended the Web site posit.kz for 
three months for allegedly publishing comments that promoted racial, 
ethnic, or inter-clan discord. The site resumed operation after three 
months.
    Opposition Web site kub.info reported two coordinated cyber attacks 
against the site on June 30 and July 2. The site's owner, Rashid 
Nugmanov, alleged that hundreds of computers from locations outside of 
the country were used to block access to the site. He ascribed the 
attacks directly to the site's critical reporting concerning the 
Government.
    On August 19, the Shymkent district court ruled that self-described 
writer and political analyst Nurlan Alimbekov was not competent to 
stand trial because of a mental illness and ordered the case suspended 
until his capacity improved. Alimbekov was arrested in August 2007 for 
inciting religious and ethnic hatred and insulting the President. The 
charges were based on e-mails sent by Alimbekov. A KNB spokesman had 
said the Government did not violate privacy laws in obtaining his e-
mails because Alimbekov sent them to multiple parties, including 
foreign diplomatic representatives, and they were eventually forwarded 
to the Government.

    Academic Freedom and Cultural Events.--The Government generally did 
not restrict academic freedom, although academics, like all citizens, 
were prohibited from infringing on the dignity and honor of the 
President.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for limited freedom of assembly; however, 
there were significant restrictions on this right in practice, and 
police used force to disrupt peaceful demonstrations. The law defines 
unsanctioned gatherings, public meetings, marches, demonstrations, 
illegal picketing, and strikes that upset social and political 
stability as national security threats.
    Under the laws governing public assembly, organizations must apply 
to the local authorities for a permit to hold a demonstration or public 
meeting at least 10 days in advance, or the activity is considered 
illegal. Opposition and human rights monitors complained that 
complicated and vague procedures and the 10-day notification period 
made it difficult for groups to organize public meetings and 
demonstrations and reported that local authorities turned down most 
applications for demonstrations. The Government's 2007 Baseline Report 
on Human Rights in Kazakhstan acknowledged that the laws governing 
public assembly were vague and agreed that they fell short of 
international standards. Authorities often detained briefly and fined 
organizers of unsanctioned gatherings, including political party 
gatherings.
    During the year the authorities dispersed several gatherings 
organized without preliminary authorization. On March 1, the police 
detained eight participants in a rally to protest the construction of a 
new shopping mall on Almaty's Independence Square; local authorities 
subsequently issued a permit for the rally, but relegated it to the 
city's outskirts. In April a group of Almaty residents went on a hunger 
strike after the city administration twice denied their application to 
hold a rally to protest the seizure of their land plots by the 
Government. On September 4, Almaty courts sentenced one activist, Aynur 
Kurmanov, to 15 days in jail and fined three others for holding an 
unsanctioned political demonstration in Almaty on August 30.
    On July 10, an Astana court ruled that the city administration had 
the right to deny the request of a group of citizens to hold a rally in 
protest against the demolition of their property. The city denied the 
request because the proposed location for the protest was allegedly too 
close to a construction site and thus unsafe.

    Freedom of Association.--The law provides for limited freedom of 
association; however, there were significant restrictions on this right 
in practice. Any public organization set up by citizens, including 
religious groups, must be registered with the Ministry of Justice 
(MOJ), as well as with MOJ branches in every region in which the 
organization conducts activities. The law requires public or religious 
associations to specifically define their activities, and associations 
that act outside the scope of their charter may be warned, fined, 
suspended, or ultimately banned. Participation in unregistered public 
organizations may result in administrative or criminal liability, such 
as fines, dissolution, probation, or imprisonment.
    The prohibition on unregistered organizations often provided a 
pretext for authorities to interfere with the activities of 
organizations. Membership organizations, including religious groups, 
must have 10 members to register at the local level and must have 
branches in over half of the regions for national registration. 
Political parties and labor unions were considered member organizations 
but had additional specific registration requirements. The law requires 
political parties to have 50,000 signatures, including 700 in each 
region, and prohibits parties established on an ethnic, gender or 
religious basis. The law prohibits members of the armed forces, 
employees of national security and law enforcement organizations and 
judges from participating in trade unions or political parties.
    NGOs reported that the registration process was fairly regularized, 
although corruption in the registration process was common. NGOs 
involved in human rights advocacy and political activities faced 
greater administrative delays and obstacles, although there were no 
reports that the Government denied registration or shut down 
organizations.
    The 2005 extremism law criminalizes membership in certain 
prohibited organizations. HT was the only one banned under this law. 
Although it maintained that it was committed to nonviolence, HT 
promoted hate and praised acts of terrorism. The party's virulently 
anti-Semitic and anti-Western literature called for the overthrow of 
secular governments, including those in Central Asia, to be replaced 
with a worldwide Islamic government.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the various religious groups worshiped largely 
without government interference; however, local and regional officials 
attempted on occasion to limit or control the practice of religion by 
several groups, especially religious communities defined as 
``nontraditional'' by the Government. The constitution defines the 
country as a secular state and provides the right to decline religious 
affiliation.
    The Government continued to express publicly its support for 
religious tolerance and diversity; however, the Government publicly 
criticized ``nontraditional'' religious groups and called for new 
legislation to increase its control over missionaries and the 
dissemination of religious materials. On January 17, President 
Nazarbayev criticized foreign missionaries and minority religious 
groups in a public speech, saying they pose a ``threat'' to society. On 
November 26, parliament passed a package of amendments to the religion 
law that would restrict religious freedom. At the year's end, the draft 
law was awaiting the President's action, which could entail signing the 
legislation, vetoing it, or sending it to the Constitutional Council 
for a review of its constitutionality. The Government's enforcement of 
current laws led to continuing problems for some unregistered groups, 
since the law imposes mandatory registration requirements on 
missionaries and religious organizations. While the majority of 
religious communities worshipped largely without government 
interference, local officials attempted on occasion to limit the 
practice of religion by some minority groups.
    The generally amicable relationship among religions in society 
contributed to religious freedom. The country is multiethnic, with a 
long tradition of tolerance and secularism. In particular, Muslim, 
Russian Orthodox, Roman Catholic, and Jewish leaders reported high 
levels of acceptance in society. The population, particularly in rural 
areas, is sometimes wary of religions deemed to be ``nontraditional'' 
by the Government. The number of registered religious groups and places 
of worship increased during the year for virtually all religious 
groups, except for minority and nontraditional groups.
    The religion laws narrow the legal protections for religious 
freedom found in the constitution. Under the law, religious groups must 
register both with the central government and in the individual regions 
in which they have congregations. Missionaries must register annually 
and be sponsored by a registered religious organization. All supporting 
materials must be provided with the registration applications; use of 
materials not vetted during the registration process is illegal. Only 
registered organizations may act as a legal entity to buy or rent real 
property, hire employees, or engage in other legal transactions.
    In practice most religious communities chose to register with the 
Government and were successful ultimately in obtaining registration. 
Minority religious groups sometimes reported long delays in the 
process. Unregistered religious groups reported an increase in court 
actions against them and an increase in the level of fines imposed for 
non-registration. Some religious groups also criticized the intrusive 
nature of the registration process, which required them to provide 
information about ethnicity, family status, religious education, 
employment, and political affiliation.
    Minority religious groups reported increased government pressure 
against their communities. During the year, the Baptist Council of 
Churches, which has a policy of not seeking registration in former 
Soviet countries, continued to report new cases against churchgoers for 
participating in the activities of an unregistered group. According to 
government statistics, in the first nine months of the year 37 persons 
were administratively sanctioned for non-registration and other 
violations of the law. In August the Shymkent administrative court 
suspended the activities of three chapters of the Jehovah's Witnesses 
in the south because the chapters allegedly held religious services at 
venues other than their registered addresses. The decision was 
overturned by the higher instance court on November 21. The group's 
Atyrau chapter remained unregistered, as it has been since 2001. 
Protestant groups reported an increase in intrusive inspections from 
the financial police.
    On December 25, the Almaty district court began hearing the 
criminal case against Yelizaveta Drencheva, a Russian citizen and 
Unification Church member, for allegedly promoting the superiority of a 
group of citizens based on their religion. The case stems from several 
religious lectures Drencheva gave in April based on the teachings of 
Sun Myung Moon. The trial was ongoing at year's end.
    Observers believed that security officials informally monitored 
some religious activity, particularly Muslim imams' sermons; however, 
there were no reports that any monitoring manifested itself in 
interference or harassment.
    The Karasai district government near Almaty continued a campaign to 
seize title to land used by the Hare Krishna movement. On September 10, 
Karasai officials filed suit requesting that a court close down the 
Hare Krishna compound. The Hare Krishna community had been engaged with 
local authorities on finding appropriate compensation for their land 
plot. The Hare Krishnas rejected five land plots offered by local 
authorities because the plots were too far from Almaty, lacked basic 
utilities, or were unusable for other reasons.

    Societal Abuses and Discrimination.--In January government-run 
media outlets launched a broad campaign against ``non-traditional'' 
religious groups, which included biased coverage of Jehovah's 
Witnesses, Hare Krishnas, and Scientologists. Progovernment newspaper 
Liter reported that the KNB was investigating the Grace Church for 
alleged espionage and drug-trafficking. In February the Jehovah's 
Witnesses reported that local television in Semey ran a negative piece 
depicting the group's followers as extremists. NGO observers ascribed 
the campaign to the Government's efforts to build support for stricter 
legislation on religion.
    There were no reports of anti-Semitic acts apart from the 
distribution of anti-Semitic literature by HT. Leaders of the Jewish 
community reported no cases of anti-Semitism either by the Government 
or in society.
    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 these rights, 
but there were some regulatory restrictions. The Government required 
citizens and foreigners who remained in the country for more than five 
days to register with the migration police. Foreigners entering the 
country may register at certain border posts. Registration in most of 
the country generally was routine; nonetheless, some foreign citizens 
reported that local authorities regularly requested bribes before 
completing registration. During the first 11 months of the year the MIA 
deported 15,795 foreigners for gross violations of the rules of stay; 
the vast majority of the foreigners were citizens of the Commonwealth 
of Independent States (CIS).
    The Government required persons who were suspects in criminal 
investigations to sign statements that they would not leave their place 
of residence, and detained individuals routinely for identity checks 
without suspicion of a criminal offense.
    Although the Government did not require exit visas for temporary 
travel of citizens, there were certain instances in which exit from the 
country could be denied, including for travelers subject to pending 
criminal or civil legal proceedings, unfulfilled prison sentences, or 
compulsory military duty. Travelers who presented false documentation 
during the exit process could be denied exit, and authorities 
controlled travel by active-duty military. The law on national security 
requires that persons who had access to state secrets obtain permission 
from their employing government agency for temporary exit from the 
country.
    The law prohibits forced exile and the Government did not employ 
it.
    The law provides for the right to emigrate and the right to 
repatriate, and the Government generally respected these rights in 
practice. An exception is the law on national security, which prohibits 
persons who had access to state secrets from taking up permanent 
residence abroad for five years after leaving government service. The 
Government required a permanent exit visa for emigration; obtaining 
this visa required criminal checks, credit checks, and letters from 
parents and any dependents expressing no objection to exit visa 
issuance.
    The authorities required foreigners to obtain prior permission to 
travel to certain border areas with China and cities in close proximity 
to military installations. The Government continued to declare 
particular areas closed to foreigners due to their proximity to 
military bases and the space launch center at Baikonur. In practice 
foreigners could visit these areas with prior permission from the MIA.

    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 absence of legislation to implement fully the convention 
allowed for the selective treatment of refugees, and left many aspects 
of refugee status unclear, such as whether refugees have a right to 
work. In practice, the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. As in 2007, the Government did not 
forcibly return any refugees to Uzbekistan 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. On April 23, MIA officers detained Rafik 
Rakhmonov, a citizen of Uzbekistan wanted by Uzbekistani law 
enforcement for alleged acts of terrorism during the 2005 events in 
Andijon. UNHCR maintained regular access to him and was able to 
determine his refugee status during his detention. Rakhmonov was 
recognized as a refugee under the mandate of UNHCR in June and 
subsequently released.
    The Government generally registered asylum seekers and determined 
their status, in consultation with the UNHCR, with the exceptions of 
citizens from the CIS countries or China. Only the President could 
grant political asylum, and he did not do so during the year. In some 
cases, the Government allowed asylum seekers and refugees to stay in 
the country while the UNHCR found third countries that would accept 
them. Although the Government did register refugees already present in 
the country, it did not accept any refugees for resettlement. The 
Government also provided temporary protection to individuals, including 
some Afghan refugees who may not qualify as refugees under the 1951 
convention and the 1967 protocol.
    In practice the Government does not grant refugee or asylum status 
to citizens of CIS countries or China. The Government maintained that 
citizens of CIS countries cannot by definition need refugee status 
because of the freedom of movement provided by the visa-free regime in 
the CIS. CIS citizens are processed under migration laws that give them 
some renewable temporary status, although not the full protection of 
refugee status. Citizens from China are not granted any legal status, 
but they are tolerated informally. Activists reported that, in 
practice, many refugees from CIS countries and China did not seek 
formal status. Those who sought protection from UNHCR generally had 
access to such processes, and the Government generally respected UNHCR 
refugee certificates.
    During the year, UNHCR reported generally good cooperation from the 
Government in assisting refugees and asylum seekers. The Government 
usually allowed the UNHCR access to detained foreigners to determine if 
they qualified for refugee status. The Government was generally 
tolerant in its treatment of local refugee populations, except for a 
few citizens from former Soviet republics. The Government often did not 
allow refugees without passports or those who had entered the country 
illegally to register, although the UNHCR intervened on behalf of those 
judged to be asylum seekers under the UNHCR mandate.
    The Committee on Migration in the Ministry of Labor continued to 
work with the UNHCR and a local NGO, Kazakhstan Refugee Legal Support, 
to review refugee claims. Consistent with the Minsk Convention on 
Migration within the CIS, the Government did not recognize Chechens as 
refugees. Chechens were eligible for temporary legal resident status 
for up to 180 days, like any other CIS citizen. This temporary 
registration was renewable, but local migration officials have 
discretion over the renewal process. In some cases, they solicited 
bribes, exploiting the vulnerability of Chechens arising from their 
inability to return safely to Chechnya. The Government had an agreement 
with China not to tolerate the presence of ethnic separatists from one 
country on the territory of the other. Human rights monitors remained 
concerned about the impact of this agreement on Uighurs from China 
living in the country, and there were reports of the Government 
forcibly returning Uighurs to China during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide for a democratic government with 
universal suffrage for those over 18 years of age; in practice the 
Government severely limited the right of citizens to change their 
government.
    Although the 2007 constitutional amendments increased legislative 
authority in some spheres, the constitution continues to concentrate 
power in the presidency, granting the President considerable control 
over the legislature, judiciary, and local government. The President 
appoints and dismisses most high-level government officials, including 
the prime minister, the cabinet, the procuratorgeneral, the KNB chief, 
Supreme Court and lower-level judges, regional governors, and the 
chairman and two members of the Central Election Commission (CEC), who 
oversee Presidential and parliamentary elections. The lower house of 
parliament must confirm the President's choice of prime minister, and 
the senate must confirm the President's choice of procurator general, 
chairperson of the KNB, Supreme Court judges, and chairperson of the 
national bank. The parliament has never failed to confirm a 
Presidential nomination. Modifying or amending the constitution 
effectively requires the President's consent. The May 2007 
constitutional amendments exempted President Nazarbayev from the two-
term limit on Presidential terms.
    The Government took steps toward meeting democratic reform 
commitments it made at the OSCE Ministerial in November 2007. 
Throughout the year NGOs and political parties provided constructive 
criticism of draft amendments to laws on political parties, 
parliamentary elections, and the media. On November 11, the cabinet 
presented a package of the draft laws to parliament. Some civil society 
representatives and opposition party members were critical of the 
proposed legislation and claimed that the legislative process lacked 
transparency. At year's end the parliament was considering the draft 
amendments.

    Elections and Political Participation.--Elections for the lower 
house of parliament, the Mazhilis, were held in August 2007. President 
Nazarbayev's Nur Otan party, the country's dominant political force, 
received 88 percent of the vote according to official results, winning 
every seat in the chamber. No other party received the necessary seven 
percent of the vote to obtain parliamentary seats.
    An OSCE election assessment noted several areas of improvement over 
the conduct of previous national elections, including the participation 
of multiple parties, increased transparency on the part of the CEC, and 
greater freedom to campaign. However, the assessment criticized a 
number of legal provisions related to the election, including excessive 
requirements for registration of political parties, limitations on the 
right to seek public office such as 10-year residency and party 
membership requirements, and a provision allowing the Assembly of 
People of Kazakhstan-an unelected body whose members are appointed by 
President Nazarbayev-to choose nine of the 107 members of the lower 
chamber. In addition, the assessment noted the preferential treatment 
local authorities and the state media paid to the Nur Otan party and 
the lack of opposition representatives on election commissions. The 
assessment also concluded that the vote counting process was not 
transparent. Opposition leaders said that the campaign environment was 
better than in previous years, although they reported government 
interference with their campaigns, including insufficient access to 
advertising space and unequal access to media and public meeting 
venues. Opposition leaders filed 400 court cases alleging violations, 
the overwhelming majority of which were dismissed or denied by the 
courts.
    All registered parties that sought to compete in the August 2007 
elections were permitted to do so, although the system introduced by 
the May 2007 constitutional amendments makes no provision for 
independent candidates. Political parties must register members' 
personal information, including date and place of birth, address, and 
place of employment. This requirement discouraged many citizens from 
joining political parties. There were credible allegations that persons 
entering government service were pressured to join the Nur Otan party.
    At year's end there were 10 registered political parties, including 
opposition parties Ak Zhol, Azat (formerly ``True Ak Zhol''), the 
National Social Democratic Party, and the Communist Party of 
Kazakhstan.
    In order to register, a political party must hold a founding 
congress with minimum attendance of 1,000 delegates from two thirds of 
the oblasts and the cities of Astana and Almaty. Additionally, parties 
must obtain 50,000 verified signatures with at least 700 from each 
oblast and the cities of Astana and Almaty; registration from the CEC; 
and registration from each oblast-level election commission. The MOJ 
maintained that even if the number of signatures exceeded the required 
50,000, a single error would be grounds for rejecting an application. 
At year's end registrations were pending for the opposition Alga and 
Atameken parties, although both parties submitted their applications in 
2006. In response to criticism about the non-registration of Alga and 
Atameken, the Government maintained that it was investigating numerous 
complaints from citizens about being added to the party lists without 
their consent.
    The law prohibits parties established on an ethnic, gender, or 
religious basis.
    On December 1, the MIA announced that it was formally pressing 
criminal charges against three opposition figures-Azat's Bulat Abilov, 
Shanyrak movement's Asylbek Kazhakhmetov, and Tolen Tokhtasynov-for 
allegedly concealing the whereabouts of a suspect in a murder 
investigation. The three denied the charges and claimed the allegations 
were politically motivated. They further maintained that, if convicted, 
they would be unable to stand for election until the conclusion of 
their sentences. At year's end, the cases were under consideration by 
the PGO.
    Azat chairman Abilov remained ineligible to register as an 
electoral candidate due to his 2006 conviction by the Temirtau City 
Court for attacking a police lieutenant and insulting a government 
official during the 2005 Presidential election. Abilov and his 
supporters claimed the charges were politically motivated. In a 
separate case, authorities charged him with fraud and tax evasion in 
connection with earlier business activities. A trial started in 2006, 
but was adjourned numerous times, and the judge eventually returned the 
case to the procurators for additional investigation. The trial had not 
resumed at year's end.
    There were two women in the 47-seat senate and 17 women in the 107-
member lower house of parliament. There was one woman in the cabinet 
and one chaired a national agency. Traditional attitudes sometimes 
hindered women from holding high office or playing active roles in 
political life, although there were no legal restrictions on the 
participation of women and minorities in politics. There were 10 non-
Kazakhs in the senate, and 27 in the lower house of parliament. There 
were two non-Kazakh cabinet members. Under the May 2007 constitutional 
amendments the President gained the ability to appoint 15 members of 
the senate, with the requirement that the appointments help facilitate 
representation of different ethnic and cultural 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 was widespread, including 
in the executive branch,various law enforcement agencies, local 
government administrations, the education system, and the judiciary. 
The MIA, financial police, KNB, and Disciplinary State Service 
Commission are responsible for combating corruption. Opposition leaders 
and human rights NGOs accused the Government of rampant corruption. 
According to the World Bank's Worldwide Governance Indicators, 
corruption in the country was a problem.
    The Government continued its campaign to address corruption and 
increased its attention to the problem through educational and public 
awareness efforts. On January 17, President Nazarbayev publicly 
initiated an anticorruption campaign, calling on Nur Otan party 
branches to pursue corruption allegations. The financial police and KNB 
conduct most corruption investigations under the supervision of the 
PGO.
    Lower and middle-ranking officials and minor political figures were 
penalized on corruption charges. The Government reported that 562 
individuals were convicted on corruption charges during the first nine 
months of the year; 343 of them were government officials. On September 
22, Tax Committee Chairman Nurlan Rakhmetov left his position after the 
press reported that several mid-ranking officials in his agency took 
bribes.
    The law mandates the Government, public associations, officials, 
and media outlets provide citizens with information that affects their 
rights and interests; in practice, citizens' requests for information 
were not fulfilled in a timely manner.
    Although parliament published several draft laws, some 
parliamentary debates, and occasionally its voting record, many 
parliamentary activities remained outside public view. Accredited 
journalists and representatives of public associations may observe some 
parliamentary sessions via video link from a separate room. Transcripts 
of parliamentary sessions are not available to the public. Parliament 
closed to the public and the media its discussion of controversial 
legislation 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 effectively, with relative freedom to investigate 
and publish their findings on human rights cases; however, the 
Government restricted certain activities of most domestic and 
international human rights NGOs. International human rights groups 
reported that the Government continued to monitor the work of NGOs that 
worked on sensitive issues and noted harassment, including police 
visits and surveillance of NGO offices and personnel.
    The Kazakhstan International Bureau of Human Rights (KIBHR), the 
Almaty Helsinki Commission, the Republican Network of Independent 
Monitors, the Charter for Human Rights, Penal Reform International, and 
Adil Soz were among the most active local human rights NGOs and 
occasionally faced difficulties in registration and acquiring office 
space and technical facilities, confronted audits, and bore various 
legal constraints. The Government subjected employees of local human 
rights NGOs to harassment and intimidation. In contrast with previous 
years, the Government increased its cooperation with human rights NGOs 
on some problems and invited their participation in working groups on 
draft amendments to the country's media and election laws.
    In general the Government did not prevent international NGOs and 
multilateral institutions dealing with human rights from visiting the 
country and meeting with local human rights groups and government 
officials. The Government cooperated with the OSCE and its field 
mission. The United Nations, International Organization for Migration, 
and International Red Crescent Society also operated freely in the 
country.
    In August certain NGOs resumed nonpartisan political party training 
activities.
    National security laws prohibit foreigners, international 
organizations, NGOs, and other nonprofit organizations from engaging in 
political activities. The law stipulates that a noncommercial 
organization must provide information to the tax authorities on its 
founders, activities, and foreign sources of funding, as well as 
income, property, expenses, and employee records. International 
organizations are prohibited from funding unregistered entities.
    The Presidential Commission on Human Rights is a consultative and 
advisory body that includes members from the public appointed by the 
President. The commission reviews and investigates complaints, issues 
recommendations, monitors fulfillment of international human rights 
conventions, and publishes annual human rights reports. The commission 
does not have legal authority to remedy human rights violations or 
implement its recommendations. On November 21, the commission released 
a Human Rights Report for 2007. The report contains numerous 
recommendations for the Government and provided criticism in several 
areas, including the provision of social and economic rights, political 
rights, access to fair trial, and right to free association.
    The Presidentially appointed human rights ombudsman investigated 
complaints by citizens of violations of their rights by state agencies, 
although the ombudsman was not authorized to investigate complaints 
concerning the President, heads of government agencies, parliament, the 
cabinet, constitutional council, procuratorgeneral, CEC, or courts. The 
ombudsman's office had the authority to appeal to the President, 
cabinet, or parliament to resolve citizens' complaints, to cooperate 
with international human rights organizations and NGOs, to meet with 
government officials concerning human rights violations, to access 
certain facilities such as military units and prisons, and to publicize 
results of investigations in the media. The ombudsman also publishes an 
annual human rights report. During the year the ombudsman occasionally 
briefed the press and issued reports discussing complaints 
investigated. The ombudsman received 1,800 complaints during the first 
11 months of the year but did not report statistics on the number of 
cases in which the victims' rights were restored. Many of the 
complaints concerned court rulings over which the ombudsman had no 
jurisdiction.
    Domestic human rights observers noted that while government human 
rights investigators did some laudable work, particularly with less 
controversial social problems and issues involving lower-level elements 
of the bureaucracy, the ombudsman's office and the human rights 
commission were limited in their ability to stop human rights abuses or 
punish perpetrators. In addition, observers noted that the commission 
and the ombudsman avoided addressing underlying structural problems 
that led to human rights violations.
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 
this effectively. Violence against women, trafficking in persons, and 
discrimination against persons with disabilities, homosexuals, and non-
ethnic Kazakhs in government were problems.

    Women.--The law criminalizes rape; punishment, including for 
spousal rape, ranged from three to 15 years imprisonment. The 
Government reported 489 convictions in criminal rape cases. Under the 
law procurators cannot initiate a rape case, absent aggravating 
circumstances such as gang rape, unless the victim files a complaint. 
Once a complaint is filed, the criminal investigation cannot be 
dismissed if the rape victim recants or refuses to cooperate further 
with the investigation. This provision is intended to protect victims 
from coercion. There were anecdotal reports of police and judicial 
reluctance to act on rape and spousal rape cases.
    Violence against women, including domestic violence, was a problem. 
There is no specific domestic violence law, but it can be addressed 
under assault and battery provisions of the criminal code. The maximum 
sentence for spousal assault and battery was 10 years in prison, the 
same as for any beating.
    The Commission on Gender Issues receives about 30,000 complaints a 
year from women suffering from domestic violence. According to NGOs, 
domestic violence was growing. Although official statistics were 
scarce, activists assessed that every fourth family experienced 
domestic violence incidents. The Government reported that 11,000 
domestic violence crimes were committed during the year. NGOs reported 
that the actual number of domestic abuse crimes far exceeded the number 
of cases reported to police and estimated that 40 percent of such 
crimes went unreported.
    Police intervened in family disputes only when they believed that 
the abuse was life threatening. According to estimates offered by NGOs, 
the police investigated perhaps 10 percent of such cases.
    NGOs reported that women often withdrew their complaints as a 
result of economic insecurity. When victims pressed charges for 
domestic violence or spousal rape, police sometimes tried to persuade 
them not to pursue a case. When domestic violence cases came to trial, 
the charge was most often for light battery, for which judges sentenced 
domestic abusers to incarceration at a minimum security labor colony 
and 120-180 hours of work. Sentences for more serious cases of battery, 
including spousal battery, ranged from three months to three years 
imprisonment; the maximum sentence for aggravated battery was 10 years' 
imprisonment.
    According to the Government, there were 25 crisis centers in the 
country providing assistance to women and two that provided assistance 
to men. All of the crisis centers were funded through grants to NGOs. 
In addition, a number of smaller NGOs provided some assistance to 
victims. Six of the crisis centers also provided shelter for victims of 
violence.
    Prostitution is not prohibited by law, although forced 
prostitution, prostitution connected to organized crime, and acts 
facilitating prostitution, such as operating a brothel or prostitution 
ring, are illegal. During the year the Government investigated 257 
prostitution-related crimes; 177 investigations were completed; 172 
cases were forwarded to courts and were pending further action at 
year's end.
    Prostitution was a serious problem. NGOs reported that criminal 
prostitution rings often included local law enforcement officials.
    Trafficking in women remained a problem.
    Sexual harassment remained a problem. The law prohibits only some 
forms of sexual harassment, and legal and gender experts regarded the 
legislation as inadequate to address the problem. There were reports of 
incidents of harassment, but in no instance was the victim protected 
under the law, nor were there reports of any cases prosecuted.
    The constitution and law provide for equal rights and freedoms for 
men and women. During the year, however, human rights groups publicly 
drew attention to the problem of discrimination against women. 
According to observers, women in rural areas faced greater 
discrimination than women in urban areas, and suffered from a greater 
incidence of domestic violence, limited education and employment 
opportunities, limited access to information, and discrimination in 
their land and property rights.

    Children.--The Government was committed to children's rights, 
although budget constraints and other priorities limited the 
Government's effectiveness in dealing with child welfare. In 2006 the 
Government established a Committee on Protection of Children's Rights 
within the Ministry of Education and Science.
    Education is mandatory through age 16, or secondary school; 
elementary schooling generally begins at age six. Primary and secondary 
education were free and universal. The law provides equal access to 
education for boys and girls. The Ministry of Education and Science 
estimated 98 percent enrollment of school-aged children. The law 
provides for access to public education for refugee and illegal migrant 
children. In some cases, these children were denied access to schools 
or their parents did not attempt to enroll them out of fear of 
discovery and deportation.
    The law provides for medical care to be provided for all children 
irrespective of gender, and care was provided in practice.
    There were reports of child abuse, although there was no societal 
pattern. NGOs estimated that more than half of all children under age 
14 experienced at least one incident of physical or psychological abuse 
by adults. Abuse was more common in rural areas. During the year the 
MIA permanently terminated custody rights of 855 abusive parents. 
Minors aged 16 and older have the right to file petitions related to 
their interests directly with a court.
    NGOs reported that a growing number of children in orphanages, 
boarding schools, and detention facilities for delinquent children were 
victims of violence, and there were increased media reports on abuses 
in orphanages and other institutions.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons, but it remained a problem. There were some investigations 
and prosecutions of law enforcement officials for complicity in 
trafficking, and one official was convicted.
    The country was a source, transit, and destination country for 
victims of trafficking. Internal trafficking was also a problem. No 
reliable statistics were available on the number of victims each year. 
Many NGOs reported a continued increase in identification of victims, 
which may be attributed to greater awareness of the problem. In the 
first eight months of the year, the MIA registered 27 Kazakhstani and 
85 foreign victims of trafficking. The International Organization for 
Migration (IOM) estimated that for every case that is investigated, up 
to four others go unreported. Individuals were trafficked to the United 
Arab Emirates, Turkey, Israel, South Korea, Greece, Russia, and Western 
Europe for purposes of forced labor and sexual exploitation. Men and 
women were trafficked to and through the country and from the Kyrgyz 
Republic, Uzbekistan, Tajikistan, Ukraine and South Asia for purposes 
of forced labor and sexual exploitation.
    Traffickers targeted young women in their teens and twenties for 
sexual exploitation. According to the MIA, some women were recruited 
with promises of good jobs or marriage abroad. Travel, employment, and 
modeling agencies often recruited victims through advertisements 
promising lucrative jobs abroad. Previously trafficked women reportedly 
recruited new victims personally. Some trafficking victims appeared to 
be aware or at least suspected that they were going to work as 
prostitutes but they did not expect to work in slave-like conditions. 
Many trafficked persons were from Uzbekistan and traveled to their 
destinations on forged passports obtained abroad.
    Adolescents raised in orphanages, regardless of gender, and 
residents of rural and economically disadvantaged areas were 
particularly vulnerable to being trafficked.
    There was an increase in the number of men trafficked into the 
country for forced labor from neighboring countries. Officials often 
did not distinguish between illegal labor migrants and victims of 
trafficking. There were credible reports of organized criminal 
trafficking rings bringing construction laborers to Astana and other 
cities. Employers and trafficking accomplices usually held trafficked 
workers' passports. Victims reported traffickers used debt bondage, 
violence, or threats of violence to compel them to work.
    NGOs suspected organized crime was involved in all forms of 
trafficking.
    During the year the Government ratified the 1926 League of Nations' 
Slavery Convention, the 1953 Amendments to the Convention, the 1956 
Supplementary Convention, as well as the 2000 UN Convention Against 
Transnational Crime, including its protocols against human trafficking 
and smuggling. In 2006 the Government enacted a comprehensive set of 
legislative amendments to strengthen its ability to investigate, 
prosecute, and convict traffickers. These amendments also included 
provisions to increase the amount of resources devoted to victim 
protection and prevention.
    The Ministries of Justice, Internal Affairs, Foreign Affairs, Labor 
and Social Welfare, Education and Science, Culture, Information and 
Sports, the KNB, the National Commission on Family Issues and Gender 
Policy, and the procuratorgeneral all have some responsibility for 
combating trafficking.
    Trafficking is punishable by a maximum seven-year prison term. If a 
minor is involved, the maximum penalty increases to 10 years' 
imprisonment. The maximum penalty increases to 10 years' imprisonment 
if a victim was trafficked abroad and to 12 years' if the victim was a 
minor. The maximum penalty is 15 years' imprisonment for cases 
involving an organized crime syndicate, the death of a victim, or other 
``grave consequences'' incurred by the victim.
    During the year the number of successful prosecutions for 
trafficking increased to 20, compared with 19 in 2007.
    The Government cooperated with authorities in both destination 
countries and source countries. Embassies assisted victims of 
trafficking. In the first nine months of the year, the Ministry of 
Foreign Affairs assisted in the repatriation of eightcitizens.
    There was no evidence of a pattern of official complicity with 
trafficking, although corruption of law enforcement officials, 
including migration and border officials, contributed to trafficking.
    The law provides trafficking victims with temporary resident status 
to ensure their safe repatriation or participation in trafficking 
prosecutions. Trafficking victims are not considered illegal immigrants 
under the law and generally were not deported or otherwise penalized. 
NGOs working with foreign trafficking victims reported government 
cooperation in providing administrative support for repatriation of 
identified trafficking victims.
    The Government provides some victim protection and assistance, 
although significant gaps remained in the level of assistance needed by 
victims. In the first nine months of the year, the Government provided 
financial assistance to 24 trafficking victims who participated in 10 
different criminal proceedings. The assistance included security, food, 
lodging, and medical services. NGOs ran two crisis support centers that 
provided legal and material assistance and counseling, under memoranda 
of understanding with the Government. In some cases the Government 
provided NGOs with reduced rate leases and other limited support. In 
general, NGOs reported good cooperation with government officials in 
coordinating assistance for trafficking victims.
    IOM, in conjunction with 16 NGOs across the country, continued an 
information campaign on the dangers of trafficking and maintained 
victim hotlines. The MOJ continued to maintain separate national hot 
lines for trafficking victims to report crimes and to receive 
information. The Government provided special training for law 
enforcement and other government officials to improve their abilities 
to recognize, investigate, and prosecute instances of trafficking. The 
MIA continued enrolling migration police and criminal police in a 
comprehensive antitrafficking training program at the Study Center for 
Specialists on Combating Illegal Migration and Human Trafficking.
    The MIA conducted spot investigations at hotels, saunas, and 
employment agencies for trafficking activities. The PGO enforced 
mandatory licensing for tourist agencies and conducted inspections 
throughout the year to uncover agencies involved in trafficking.
    The Government encouraged media to publish and report on 
antitrafficking efforts. The Government continued airing a series of 
public service announcements (PSAs) provided by international 
organizations in Russian and Kazakh. Public and private media were 
required to air these PSAs.
    The Ministry of Education and Science reported that curriculum of 
all high schools and colleges included trafficking awareness segments. 
According to the ministry, most universities had information and 
analysis centers that dealt with trafficking awareness issues, among 
other topics. As part of the National Action Plan, a chapter on 
trafficking in persons was introduced in secondary school curricula.
    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 
healthcare, and in the provision of other state services and requires 
companies to set aside three percent of their jobs for persons with 
disabilities. International and local observers note some improvement 
in the situation regarding the rights of persons with disabilities. 
However, there were reports that discrimination was a problem, and 
persons with disabilities faced difficulty integrating into society and 
finding employment. The law mandates access to buildings for persons 
with disabilities, and during the year several persons with 
disabilities successfully sued management of government and commercial 
buildings for lack of appropriate access. Persons with disabilities had 
difficulty accessing public transportation.
    Citizens with mental disabilities could be committed to state-run 
institutions without their consent or judicial review. In practice, 
however, the Government committed persons at a young age with 
permission of their families. Institutions were poorly managed and 
inadequately funded. NGOs reported orphanages for children with 
physical and mental disabilities to be overcrowded and unsanitary, with 
insufficient staff to care adequately for children's needs. Despite 
significant economic growth and government expenditure on construction 
and infrastructure projects, KIBHR observed that the Government 
provided almost no care for persons with mental disabilities.
    The Government did not restrict the right of persons with 
disabilities to vote, and arranged home voting for individuals who 
could not travel to polling places as a result of their disability. The 
Ministry of Labor and Social Protection was the primary government 
agency responsible for protecting the rights of persons with 
disabilities; the Ministries of Health and Education also assisted in 
their protection.

    National/Racial/Ethnic Minorities.--The Government continued to 
discriminate in favor of ethnic Kazakhs in senior government 
employment, although the number of non-Kazakhs in ministerial positions 
increased. According to a public poll during the year, 23.7 percent of 
self-reported minorities experienced ethnic prejudice and hostility; 
14.4 percent encountered incidents of insult, humiliation or other 
offenses; and 11.8 percent were discriminated against regarding 
employment or job dismissal. There were fewer complaints of 
discrimination regarding school enrollment, and fewer concerns about 
the activities of nationalist organizations and nationalist propaganda 
in the media.
    Kazakh is the official state language, although organizations and 
bodies of local self-administration may officially use Russian on an 
equal basis with Kazakh. The language law is intended to strengthen the 
use of Kazakh without infringing on the rights of citizens to use other 
languages. By law the ability to speak Kazakh is not required for entry 
into the civil service; however, the majority of government agencies 
have technically switched to conducting business in Kazakh, which 
elicited protests from non-Kazakh speakers about language 
discrimination. Among other forms of discrimination, critics mentioned 
a scarcity of representatives of non-Kazakh ethnicities in the 
Government and a reduction in the number of Russian-language schools.

    Other Societal Abuses and Discrimination.--Although there were no 
official statistics on discrimination based on sexual orientation, 
there were reports of such discrimination. Representatives of 
international organizations reported that negative social attitudes 
towards marginalized groups, including homosexuals, impeded these 
groups' willingness to come forward and, consequently, hindered their 
access to HIV/AIDS programs.
    The law prohibits discrimination against persons with HIV and AIDS; 
however, observers reported that cultural stigmas against drug users 
and other at-risk groups continued to affect general access to 
information, services, treatment, and care.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
organize and form unions freely. Following a widely publicized mining 
accident in Satpayev and subsequent strike in January, the Government 
launched a pro-union campaign intended to empower workers to more 
effectively protect their workplace rights. Independent union 
organizers saw this as a significant change in policy. However, 
organizers reported that the Government continued to restrict the right 
to organize and that most workers were not able to join or form trade 
unions of their choice. The Government exercised considerable influence 
over organized labor and favored state-affiliated unions over 
independent unions. The largest trade union association, the Federation 
of Trade Unions, successor to formerly state-sponsored Soviet era labor 
organizations, remained affiliated with the Government in practice. At 
least one-third of the workforce was unionized.
    To obtain legal status, a trade union must apply for registration 
with the MOJ. The registration procedure is broadly similar to that of 
other membership organizations.
    The law prohibits the operation of foreign unions and prohibits the 
financing of unions by foreign legal entities and citizens, foreign 
states, and international organizations.
    Workers are protected by law against antiunion discrimination, but 
in practice there were violations of this right. Union activists 
reported a case of an independent miners' union that was forced to 
close based on a legal technicality. Its members were warned not to 
regroup on the risk of losing their jobs and extensive social benefits. 
According to union activists, the group has since participated in 
collective bargaining, and has since formed an NGO that remains 
unrecognized by local authorities. Union leaders also reported cases of 
large employers creating conditions unfavorable to union formation and 
collective bargaining.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the rights of unions to conduct their activities without 
interference. The law permits collective bargaining and collective 
agreements; unions and associations engaged in collective bargaining in 
practice. The Government increased efforts to encourage collective 
bargaining, although union leaders still reported government pressure 
in labor negotiations. According to the Ministry of Labor and Social 
Protection, as of July 31, collective bargaining agreements were 
concluded with 83.2 percent of large enterprises, 84.1 percent of 
medium-sized enterprises, and 14.3 percent of small enterprises. While 
noting the promising trend, activists stressed that political pressure 
was driving the rapid conclusion of such agreements.
    Union demands unacceptable to management couldbe presented to a 
tripartite commission, composed of the Government, employer 
associations, and labor union representatives. The tripartite 
commission is responsible for developing and signing annual agreements 
governing most aspects of labor relations. The labor law provides for 
an individual contract between employers and each employee.
    The law provides for the right to strike, but exercising this right 
is subject to numerous legal limitations; the Government maintained a 
list of industries and enterprises providing essential services where 
strikes were permitted only under limited conditions. In general, 
workers may strike only if a labor dispute has not been resolved 
through existing compulsory arbitration procedures. Striking workers 
must give a mandatory 15-day advance notice to employers. The law 
neither sanctions nor prohibits the firing of employees for 
participation in an illegal strike. In practice there were reports of 
employers providing arbitrary justifications when firing employees 
attempting to organize strikes.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, except at the 
sentence of the court or in conditions of a state of emergency or 
martial law, but there were reports that such practices occurred. 
Increasingly a destination country for migrant workers, there were 
reports that some employers abused migrant workers by confiscating 
their passports or using debt bondage, violence, or threats of violence 
to compel them to work.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace. The minimum 
age for employment is 16 years; children between 14 and 16 years can 
perform, with parental permission, light work that does not interfere 
with their health or education. The law also restricts the length of 
the work day for employees under the age of 18. The Government 
conducted labor inspections to enforce the minimum age for employment, 
but enforcement was uneven.
    The Government concluded an agreement with national employer 
associations that committed to eradicate the use of forced labor and 
the worst forms of child labor, and to develop alternative employment 
opportunities for children and their families. The Ministry of 
Education's 2007-11 ``Children of Kazakhstan'' program addressed child 
labor issues. However, NGOs contended that the Government's efforts 
were insufficient to address fully the use of child labor, specifically 
in cotton production.
    The Government did not maintain statistics on child labor. NGOs and 
activists reported child labor occurred routinely in agriculture, 
especially during harvest season. Children were involved in cotton 
growing and tobacco growing. Labor conditions frequently presented a 
physical health risk. Many child workers lacked the proper clothing to 
protect them from harmful chemicals used in agriculture and harsh 
weather conditions. In urban areas, the country's increasingly 
formalized labor market led to a decrease in many forms of child labor. 
However, there were reports of children begging, unloading freight, 
delivering goods in markets, washing cars, and working at gas stations. 
There were also reports of children exploited in prostitution and 
pornography. The Ministry of Labor is responsible for enforcement of 
child labor laws and for administrative offenses punishable by fines; 
the MIA is responsible for investigating criminal offenses. In the 
first 10 months of the year the Government reported that there were no 
crimes related to illegal child labor. In 2005 the Government began 
implementing a three-year International Labor Organization program to 
eliminate child labor. As part of the program, the Government worked 
actively with NGOs to conduct a 12-day national campaign in June to 
raise awareness of child labor and focus attention on preventing it. 
The Government also cooperated with trade unions, employers, and NGOs 
during the year to raise awareness and promote interagency cooperation 
in eliminating child labor.
    Trafficking in children was a problem.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of 10,515 tenge (approximately $87) did not provide a decent 
standard of living for a worker and family; however, it was common for 
working class families to have more than one wage earner, and most 
workers earned above minimum wage in urban areas. Although the minimum 
monthly subsistence during the first part of the year was lower than 
the monthly minimum wage, the minimum monthly subsistence averaged 
11,270 tenge (approximately $93) during the same period.
    The law stipulates the normal workweek should not exceed 40 hours 
and limits heavy manual labor or hazardous work to no more than 36 
hours a week. The law requires that overtime not exceed two hours in a 
calendar day or one hour a day for heavy manual labor, and requires 
overtime to be paid at a rate of no less than one and a half times 
normal wages for hours over the normal workweek. Overtime is prohibited 
for work in hazardous conditions. The law provides that labor 
agreements may stipulate the length of working time, holidays, and paid 
annual leave for each worker.
    The Ministry of Labor and Social Protection enforcedminimum wages, 
work hour restrictions, and on overtime established bythe labor law. 
The Ministry of Labor and Social Protection inspectors conducted random 
inspections of employers in an effort to enforce the laws and 
regulations under their purview. Labor advocates reported that some 
employers regularly violated these laws.
    The law provides for the right to safe and hygienic working 
conditions, but working and safety conditions in the industrial, 
agricultural, and construction sectors were often substandard. Workers 
in factories usually lacked protective clothing and worked in 
conditions of poor visibility and ventilation.
    There were reports of management ignoring regulations concerning 
occupational health and safety which were not well enforced by the 
Ministry of Labor and Social Protection. In the first 11 months of the 
year, the ministry reported making 13,057inspections and identifying 
104,228 violations. Most of the violations were relatively minor, 
although the Government imposed fines totaling 118,837,000 tenge 
(approximately $987,018). In addition to the inspections by the 
Ministry, unions conducted inspections of unionized enterprises and 
reported their findings to authorities for investigation. The law 
requires employers to suspend work that could endanger the life or 
health of workers and to warn workers about any harmful and dangerous 
work conditions and about the possibility of any occupational disease. 
The law specifically grants workers the right to remove themselves from 
situations that endanger their health or safety without losing their 
job. In practice some workers, particularly in the construction 
industry, were not free to exercise this right without jeopardizing 
their employment.
    During the first 11 months of the year, the Government reported 
2,184 workplace injuries, in comparison with 1,552 during the same 
period in the previous year. The Government reported 370 workplace 
deaths during the first 11 months of the year, marking an increase over 
2007 when a total of 217 deaths were reported. According to officials 
at the Federation of Trade Unions, many of these deaths are due to 
antiquated equipment, Soviet-era infrastructure, and disregard for 
safety regulations in the mining and metallurgy sectors.

                               __________

                            KYRGYZ REPUBLIC

    The Kyrgyz Republic's October 2007 constitution defines the country 
as a sovereign, unitary, democratic, social state based on the rule of 
law. The country, with a population of approximately 5.3 million, has 
an elected President, an appointed prime minister and cabinet, and an 
elected parliament. According to independent election observers, the 
December 2007 parliamentary election failed to meet many of the 
country's international commitments and was marred by significant 
obstacles for opposition parties and the use of government resources to 
benefit specific political interests. Three parties are represented in 
parliament, with the pro-Presidential Ak Jol party holding 71 of the 90 
seats. Civilian authorities generally maintained effective control over 
the security forces, although there were isolated cases of serious 
human rights abuses.
    The following human rights problems were reported: restrictions on 
citizens' right to change their government; torture and abuse by law 
enforcement officials; impunity; poor prison conditions; arbitrary 
arrest and detention; lack of judicial independence; pressure on 
nongovernmental organizations (NGOs) and opposition leaders, including 
government harassment; pressure on independent media; government 
detention of assembly organizers; refoulement of Uzbek refugees; 
pervasive corruption; discrimination against women, persons with 
disabilities, ethnic and religious minorities, and homosexuals; child 
abuse; trafficking in persons; and child labor.
    Prison conditions improved as authorities promoted the proper 
handling of prisoners, and prison tuberculosis (TB) mortality rates 
decreased. The Government also took steps to tackle systemic corruption 
in the public sectors, including arresting several government officials 
on charges of 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.
    There were no developments in the investigation of the October 2007 
shooting death of the ethnic Uzbek Kyrgyz national and independent 
journalist, Alisher Saipov, known for writing articles critical of the 
Uzbek government. The investigation continued at year's end.
    In December 2007 the Supreme Court upheld the Naryn Oblast Court 
decision to overturn the acquittal of two police officers in the 2006 
death in custody case of Akylbek Sakeyev and to forward the case to the 
Naryn Oblast Prosecutor's Office for a new investigation. Due to his 
family's refusal to allow Sakeyev's body to be exhumed for examination, 
the prosecutor's office closed the case.
    On July 3, Almazbek Sagaliyev, a private in the military unit No. 
29713, died of injuries that allegedly resulted from beatings by higher 
ranking servicemen. The military prosecutor's office opened an 
investigation into the case.
    There were no developments in the 2006 killing of Imam 
Mukhammadrafiq Kamalov by security forces or in the 2006 killing of 
Aibek Alimjanov, deputy of the Osh City Council and leader of the Uzbek 
Cultural Center in Osh.
    On July 16, the Sverdlovski District Court reopened the cases of 
Makhmudjan Ruzimetov and Sabyrkul Batyrov and sentenced them to 20 
years of imprisonment for the 2005 murder of parliamentarian Bayaman 
Erkinbaev.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. Ruslan Shabatoyev, a member of parliament for the 
opposition Social Democratic Party of Kyrgyzstan, disappeared during 
the night of September 30, and has not been heard from since. There is 
an ongoing investigation, and at year's end, no information had emerged 
that his disappearance was politically motivated.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, police and 
State Committee on National Security (GKNB) forces employed them. At 
times police beat detainees and prisoners to extract confessions.
    On July 23, the Bishkek newspaper Tribuna reported that officials 
fired seven police officers and opened criminal cases against an 
additional two officers in the Issyk-Kul Oblast for alleged use of 
torture.
    No further information was available in the court case against two 
Naryn City police officers accused of negligence in the April 2007 
death of Bektemir Akunov, a participant in opposition-led 
demonstrations in Bishkek. According to the official autopsy report, he 
hanged himself in his cell, but independent experts reported finding 
signs of torture on Akunov's body. The city courts convicted one of the 
two Naryn City police officers, Bakyt Kojomberdiev, of criminal 
negligence and sentenced him to three years' imprisonment. The ruling 
was later reduced to a one-year suspended sentence.
    June 2007 changes to the criminal code abolished the death penalty, 
replaced life imprisonment with 30-year prison terms, and provided for 
alternate punishments to incarceration.
    The Committee of Soldiers' Mothers, a nongovernmental organization 
(NGO) reported seven registered cases of military hazing during the 
year, including physical abuse and extortion by noncommissioned 
officers. Military authorities took steps to deal with the problem, 
providing psychological support and legal advice to all servicemen and 
medical treatment and legal protection to the victims of hazing. The 
NGO questioned the quality of the psychological and legal assistance.
    There were no further developments in the military prosecutor's 
investigation into the July 2007 stabbing of Ministry of Internal 
Affairs (MIA) soldier A. Esenaliyev.
    In February 2007 the military court in Kadamjay convicted Nachmidin 
Mirzayev and Saparaly Karabayev of injuring Gairat Torakeldiyev, a 
fellow serviceman of the National Border Service, in a hazing incident 
in 2006. In November 2007 after three appeals of the case, the military 
prosecutor's office decided to halt the criminal proceedings against 
Mirzayev and Karabayev due to a lack of evidence. No further 
information was available at year's end.

    Prison and Detention Center Conditions.--Prison conditions were 
very poor and included overcrowding, food and medicine shortages, poor 
health care, limited disease prevention facilities, and lack of heat 
and other necessities. Nevertheless, morbidity and mortality rates 
continued to decline, particularly those resulting from tuberculosis 
(TB). As of October 1, the prison population was approximately 9,750; 
740 persons had TB, down from 1,400 in 2007. In the first nine months 
of the year 74 prisoners died; 30 of those from TB.
    Male and female prisoners were held separately. Juveniles were 
generally held separately from adults but were occasionally held with 
adults in overcrowded temporary detention centers. There are no special 
prisons for political prisoners because there is no legal definition of 
a political prisoner. At times convicted prisoners were held in 
pretrial detention centers when their cases were accepted for appeal.
    The Government continued to permit domestic and international human 
rights observers to visit prisons. The Government allowed the 
International Committee of the Red Cross (ICRC), Organization for 
Security and Cooperation in Europe's Office of Democratic Institutions 
and Human Rights (OSCE/ODIHR), and the NGO Penal Reform International 
to visit detainees in Ministry of Justice and GKNB prisons and 
temporary detention centers. Although the Government abolished the 
death penalty in 2007, the ICRC continued to conduct visits to 
prisoners formerly on death row.
    According to an August 5 Internet Press Service (IPS) interview, 
Ombudsman Tursunbek Akun stated that the country's prison conditions 
``do not meet the minimum international prison living standards.''
    On March 3, 20 inmates of the Karakol No. 3 prison sewed their 
mouths shut and began a hunger strike demanding improvements to food 
and medical care, use of cellular telephones, and access to the 
penitentiary grounds for walks. After lengthy negotiations with prison 
officials, the hunger strikers ended the protest peacefully.
    On August 14, prisoners rioted in Belovodskoe No. 16 prison, 
resulting in the deaths of two prison officers and two prisoners.
    The minister of justice was dismissed on September 10 following 
allegations of mismanagement in prisons.
    The NGO Citizens Against Corruption monitored prisons Number 1, 3, 
14, and 16 during the year and reported poor living conditions, 
corruption of prison personnel, drug activity, and excessive use of 
force by both prison and investigative officials.
    Pretrial and temporary detention facilities were particularly 
overcrowded, and conditions and mistreatment generally were worse than 
in prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, police at times used false charges to 
arrest persons and solicited bribes in exchange for their release.

    Role of the Police and Security Apparatus.--Law enforcement 
responsibilities are divided between the Ministry of Internal Affairs 
(MIA) for general crime, the State National Safety Committee (GKNB) for 
state-level crime, and the Prosecutor's Office for both types of 
crimes. The payment of bribes to avoid investigation or prosecution was 
a major problem at all levels of law enforcement. The Government took 
steps to address corruption in the police force, including public 
commitments to fight corruption and a 50 percent increase in officers' 
salaries.
    Police impunity remained a problem; however, MIA officials were 
dismissed and prosecuted for various offenses, including corruption, 
abuse of authority, and police brutality. During the first six months 
of the year, the MIA's internal investigations unit received 594 
complaints from citizens about law enforcement officers. Internal 
investigations were conducted in 378 of those cases; 17 subsequent 
criminal cases were opened; and 34 officers were dismissed.
    According to the Ombudsman's Office, 58 criminal cases were opened 
on employees of the MIA, GKNB and Financial Police Service, and 43 of 
them were found guilty.

    Arrest and Detention.--On July 14, the parliament passed amendments 
to the criminal procedure code, returning many judicial powers to 
prosecutors, including authority to issue search and seizure warrants. 
The amendments partially reverse a June 2007 law that transferred those 
powers to the courts. Prosecutors have the burden of proof in 
convincing the judge that a defendant should be detained pending trial. 
On September 5, the parliament approved amendments to Article 97 of the 
code, which reduced the detention time for murder suspects from 72 to 
48 hours before releasing them or charging them with a crime. The 72-
hour limit was generally enforced in practice. The law requires that 
investigators notify a detainee's family within 12 hours of detention; 
however, this requirement often was not observed in practice. There 
were no reports of incommunicado detention of prisoners. The courts 
have the discretion to hold suspects in pretrial detention for as long 
as one year, after which the courts are required to release the 
suspect.
    All persons arrested or charged with crimes have the right to 
defense counsel at public expense. By law defense counsel can see the 
accused immediately, but in practice the first meeting often did not 
happen until trial. Human rights groups noted that arrested minors were 
usually denied lawyers, often held without parental notification, and 
questioned without parents or lawyers present, all despite laws to the 
contrary. Children often were intimidated into signing confessions.
    The law authorizes house arrest for certain types of suspects. 
There were reports that law enforcement officials selectively 
incarcerated persons suspected of minor crimes, while other persons 
suspected of more serious crimes remained at large. There was a 
functioning bail system.
    On February 22, the Bishkek Pervomaisky Court judge acquitted 
Jyparkul Arykova, a senior staffer of the parliamentary press service 
arrested in June 2007 on charges of espionage and high treason but 
convicted her of passing secret information to a foreigner and 
sentenced her to three years in prison.
    The Government continued to express concern about perceived 
extremist groups with radical religious or political agendas. Although 
the banned extremist political organization Hizb ut-Tahrir (HT) 
maintained that it was committed to nonviolence, the party's virulently 
anti-Semitic and anti-Western literature called for the overthrow of 
secular governments, including in Central Asia, to be replaced with a 
worldwide Islamic government. The Prosecutor General's Office reported 
that, during the first 10 months of the year, it opened 43 criminal 
cases on religious extremism.

    Amnesty.--An August 5 one-time amnesty to female and minor 
prisoners convicted of minor crimes resulted in the release of 32 
prisoners and reduced sentences for 358 prisoners.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the executive branch at times 
interfered with the judiciary. Lawyers and citizens commonly believed 
that judges were open to bribes or susceptible to outside pressure, and 
low salaries remained a contributing factor.
    Cases originate in local courts and can move to appeals courts at 
the municipal or regional level and finally to the Supreme Court. There 
were separate military courts as well as a separate arbitration court 
system for economic disputes. Civilians may be tried in a military 
court if one of the codefendants is a member of the military. Military 
court cases can be appealed to a military appellate court and 
ultimately to the Supreme Court. The Constitutional Court is limited to 
constitutional questions and cannot intervene with other courts except 
concerning constitutionality. The court has specific authority to 
determine the constitutionality of NGO activities, political parties, 
and religious organizations. Traditional elders' courts handle property 
and family law matters and low-level crime. Local elders' courts are 
under the supervision of the Prosecutor's Office but do not receive 
close oversight because of their location in remote regions. However, 
their decisions can be appealed to the corresponding regional court. 
Military courts and elders' courts follow the same rules and procedures 
as general courts.
    The President nominates and parliament approves justices to the 
Constitutional Court; justices to the Supreme Court are nominated by 
the National Council for Judicial Affairs (NCJA) and approved by the 
President and parliament. The President can propose the dismissal of 
Supreme and Constitutional Court justices, subject to a two-thirds vote 
by parliament. The NCJA nominates and the President appoints local 
judges, who can be relieved of duty by the President at the proposal of 
the NCJA.

    Trial Procedures.--State prosecutors bring cases before courts, and 
judges direct criminal proceedings. A criminal case is conducted by one 
judge; appellate cases, by three judges. The defendant may refuse 
attorney support and defend himself. If a court renders a case 
indeterminable, it is returned to the investigative bodies for further 
investigation, and suspects may remain under detention.
    The law provides for defendants' rights, including the presumption 
of innocence. In practice, however, such rights were not always 
respected. The judicial system continued to follow customs and 
practices in which there was no presumption of innocence, and the focus 
of pretrial investigation was to collect evidence sufficient to show 
guilt. The law provides for an unlimited number of visits between an 
attorney and a client. Official permission for such visits is required 
and usually granted.
    The law permits defendants and counsel the right to access all 
evidence gathered by the prosecutor, attend all proceedings, question 
witnesses, and present evidence. However, these rights were not always 
respected in practice. Witnesses generally have to present their 
testimony in court; however, under certain circumstances testimony can 
be presented at trial via audio or video recording. Indigent defendants 
were provided attorneys at public expense.
    At year's end, the Government had not implemented the June 2007 
changes to the law on trials allowing for juries. Defendants and 
prosecutors have the right to appeal the court's decision. The law 
provides for transparency of court proceedings. Generally, trials are 
open to the public, unless state secrets or the privacy of defendants 
are involved; however, even in closed proceedings, the verdict is 
announced publicly.
    On November 27, the Osh regional court convicted 32 ethnic Uzbek 
and Kyrgyz Muslims for their involvement in an October 1 protest in 
Nookat following local authorities' decision to ban a public gathering 
for the Muslim holiday Orozo Ait (Eid al-Fitr). They received lengthy 
sentences ranging from nine to 20 years in prison. Court authorities 
denied access to observers and family members of the accused until the 
third day of the five-day trial. Human rights activists claimed that 
the defendants had inadequate legal counsel and planned to assist the 
defendants in appealing their verdicts.
    On March 7, the Bishkek Military Court convicted former 
parliamentarian and governor of Jalalabad Oblast, Sultan Urmanayev, for 
his involvement in the shooting deaths of six protesters in Aksy in 
2002. Uramanayev received a suspended sentence of five years and three 
years of probation. In 2007 the prosecutor general charged five 
government officials in relation to the Aksy event. The military courts 
convicted two midlevel officials and acquitted a former deputy minister 
of internal affairs. The trial for the fifth suspect, Amanbek 
Karypkulov, had not begun by year's end.

    Political Prisoners and Detainees.--Authorities again released 
Adilet Aitikeyev of the Kanjar Youth Movement under orders not to leave 
Bishkek. In December 2007 prosecutors forwarded to the court 
Aitikeyev's case in connection with the April 2007 antigovernment 
demonstrations. The courts eventually found Aitikeyev guilty but passed 
a suspended sentence and released him. The trials for two other 
participants in the April 2007 protests, Bolotbek Suyerkulov and 
Bakytbek Saptayakov, were pending at year's end.
    Prisoners arrested in connection with political activity received 
the same protections as other prisoners.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent and impartial judiciary in civil matters. As 
with criminal matters, citizens believed the civil judicial system was 
subject to outside influence, including from the Government. Local 
courts address civil, criminal, economic, administrative, and other 
cases. The Supreme Court is the highest judicial authority.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government at times violated these prohibitions. The law requires 
approval from the prosecutor general for wiretaps, home searches, mail 
interception, and similar acts.
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 at times restricted 
these rights in practice. During the year reports of lawsuits against 
opposition newspapers increased.
    On June 3, President Bakiyev signed a law on television and radio 
broadcasting that placed significant regulations on broadcast companies 
and established new Kyrgyz-language and local content requirements. 
Human rights activists asserted that the law is unconstitutional 
because it conflicts with constitutional rights. The law also kept 
state control over the State Radio and Television Company, rather than 
creating a national public interest broadcaster as the President had 
previously pledged to do.
    There were continued reports of media harassment. The NGO Committee 
to Protect Journalists (CPJ) reported several incidents of opposition 
news media facing harassment by security agents. In contrast to 2007, 
there were no reports of cases of violent attacks on journalists or 
cameramen.
    On October 8, the Kyrgyz National Television and Radio Broadcasting 
Corporation (NTRK) ended transmissions for Radio Free Europe/Radio 
Liberty's (RFE/RL) Kyrgyz Service, known as Radio Azattyk. The state-
run broadcasting corporation also cancelled two TV Azattyk news shows. 
The NTRK said that the cancellations were due to RFE/RL's failure to 
meet its financial obligations, but it also criticized RFE/RL programs 
for favoring the political opposition, and it did not restore 
transmission after RFE/RL showed that it had paid all outstanding 
bills. On December 1, the NTRK also withdrew broadcasting rights for 
the BBC's Kyrgyz language service. BBC broadcasts resumed December 10, 
but its contract was not officially renewed. At year's end Azattyk's 
productions were still off of NTRK channels, but some private FM 
channels continued to broadcast Radio Azattyk.
    On August 26, Radio Azattyk reported that Osh City Deputy Mayor 
Ainura Shayimkulova filed a defamation case against the Jany Zaman 
newspaper for insulting her honor and dignity. The following day, 
Azattyk reported that Erkin Kojogeldiyev, editor-in-chief of Jany 
Zaman, filed a counter-suit against Shayimkulova.
    A December 17 RFE/RL article reported that Cholpon Orozobekova, 
editor-in-chief of De Fakto newspaper, was seeking asylum in a European 
country. On June 14, local media reported that police officers raided 
the newspaper's office and confiscated five computers and documents. 
The Bishkek Prosecutor's Office opened a criminal case against the 
newspaper and Orozobekova, on charges of deliberately publishing false 
statements accusing the head of the Kyrgyz Taxes and Duties Committee 
of corruption. Orozobekova suspended publication following a second 
office search and the freezing of the newspaper's bank accounts. At the 
first hearing of the case on July 28, the district court judge sent it 
back to the prosecutors for further investigation.
    On September 9, police arrested Alibi editor-in-chief Babyrbek 
Djeenbekov on the charge of ``failing to comply with a court ruling'' 
regarding a lawsuit against Alibi and De Fakto by the President's 
nephew. The June 2 ruling by the Pervomaisky District Court ordered 
both newspapers to print a retraction and pay 1,000,000 soms ($29,000) 
to the plaintiff. Authorities opened a criminal case against Djeenbekov 
for failing to obey the June court order, punishable by up to two years 
in prison. Djeenbekov claimed the arrest was illegal because he was a 
candidate for local office and by law, candidates can be arrested only 
with the consent of the Central Election Commission. The authorities 
released Djeenbekov on September 11, and on September 18, the Bishkek 
City Prosecutor's Office canceled the investigation.
    There were 40 to 50 regularly printed newspapers and magazines, 
eight of which were state-owned, with varying degrees of independence. 
The independent printing press run by the nongovernmental Media Support 
Center (MSC) surpassed the state printing house, Uchkun, as the leading 
newspaper publisher in the country. Approximately 50 state-owned and 
private television and radio stations operated in the country, with two 
television stations, both state-owned, broadcasting nationwide.
    Foreign media operated freely. The law prohibits foreign ownership 
of domestic media; however, there was a small degree of foreign 
ownership of media, through local partners. Russian television stations 
Channel One and RTR dominated coverage and local ratings. Mir 
Interstate Television and Radio Company, a member-funded Commonwealth 
of Independent States television network, increased its television and 
radio broadcasts throughout the country. A number of Russia-based media 
outlets also operated freely in the country, although they were 
registered with the Ministry of Justice, and therefore the Government 
considered them domestic media. Although several broadcast media 
companies have applied for new licenses and frequency assignments, the 
Government has not approved any requests for new media outlets since 
2006.
    The Ministry of Justice requires all media to register and receive 
ministry approval to operate. The registration process is nominally one 
month, but in practice the process often takes much longer. Part of the 
process includes background checks on each media outlet's owner and 
source of financing, including international donor organizations. New 
licensing/frequency distribution procedures continued to be reviewed by 
the Government.
    Government newspapers, television, and radio continued to receive 
state subsidies, and the Government remained the primary source of 
scarce advertising revenue, which allowed the Government to influence 
media content.
    During the year, pro-governmental media outlets published numerous 
negative articles about several parliamentary deputies, NGOs, and their 
leaders. Although the law prohibits censorship, a few independent 
journalists reportedly faced government pressure over critical press 
coverage, were denied access to public meetings, and/or were not given 
information freely provided to state-run outlets. Libel remains a 
criminal offense punishable by up to three years in prison.

    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, forums, and 
Web logs.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. Religious higher 
educational institutions must follow strict reporting policies. 
Kyrgyzstan's National Security Service demanded to see confidential 
documents about students of Bishkek's Protestant United Theological 
Seminary in June. The director, a foreign national, refused and was 
expelled from the country. Similarly, The Islamic University must 
inform the Muftiate, the State Agency for Religious Affairs, and the 
district police about its student enrollment.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for limited freedom of assembly, and the 
Government generally respected this right in practice, although 
authorities placed restrictions on this right.
    On March 17, police officers detained 15 participants of a protest 
against the outcome of the December 2007 elections. The Pervomaisky 
court judge fined nine of the activists between 1,000 soms ($28) and 
2,000 soms ($57). On January 29, police detained approximately 20 
participants of the student-organized ``I do not believe...'' campaign, 
for ``just standing'' at four entrances of parliament.
    On April 11, the Internet-based news agency 24.kg reported that 
police officers detained 52 participants of a protest against the 
Government's agreement to relinquish land and resorts in the Issyk-Kul 
Oblast to the Government of Kazakhstan. The Pervomaisky court judge 
sentenced two protesters to three and ten days in prison and fined an 
additional ten activists 2,000 soms ($57) each.
    On April 26, in Tyup City, activists marching in protest of the 
Government's transfer of land in the Karkyra Valley to Kazakhstan 
clashed with a group of counter-protesters. Ten of the activists, 
including ex-parliamentarian Bolotbek Sherniyazov, were injured, 
causing them to cancel the march and a related conference.
    On June 11, local media reported that Bishkek City Pervomaisky 
District police detained 20 women near the parliament building as they 
protested the closure of the Elnur market in the Issyk-Kul Oblast by 
the local administration. The Pervomaisky Court fined each of the women 
1,000 soms ($28) and ordered their release.
    On August 6, the President signed into law nationwide restrictions 
on public assembly similar to those enacted in November 2007 by the 
Bishkek City Council. The new law prohibits protesters from gathering 
near government entities, including parliament, Presidential 
residences, schools, military establishments, motorways, and gas 
pipelines. The law also requires that organizers apply for permits at 
least 12 days prior to the event, thus preventing any spontaneous 
demonstrations. On July 1, the Constitutional Court overturned the city 
ordinance on the grounds that the local council did not have the power 
to make restrictions on issues of national importance.
    On December 19, local police arrested eight persons from the Ata 
Meken political party who were collecting signatures on petitions at a 
local outdoor market. They were charged with failure to obey law 
enforcement and with holding an unauthorized demonstration. After 
spending several hours in police custody, some members of the group 
were released with a nominal fine, and the rest were sentenced to three 
days in jail and released pending appeal.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right, 
although the Government at times used law enforcement agencies to 
intimidate organizations. NGOs, labor unions, political parties, and 
cultural associations must register with the Ministry of Justice. NGOs 
are required to have three members to register, and all other 
organizations require at least 10 members. The Ministry of Justice did 
not deny any domestic NGOs registration during the year. The law 
prohibits foreign-funded political parties and NGOs, including their 
representative offices and branches, from pursuing political goals.
    The Government continued its ban on four organizations it deemed to 
be extremist due to alleged ties to international terrorist 
organizations: Hizb ut-Tahrir )(HT), the Islamic Party of Turkestan, 
the Organization for Freeing Eastern Turkestan, and the Eastern 
Turkestan Islamic Party. Arrests and prosecution of persons accused of 
possessing and distributing HT literature continued during the year. 
Although most arrests of alleged extremists in the past occurred in the 
south and involved ethnic Uzbeks, media reports track a marked increase 
in ethnic Kyrgyz being detained for HT-related activity in the north. 
The majority of those arrested were charged with distribution of 
literature inciting ethnic, racial, or religious hatred. Reported cases 
of women being detained for distributing HT leaflets and brochures also 
increased during the year.
    According to news reports and a press release by the Norwegian 
Helsinki Committee (NHC), on June 9, MIA officers raided the Bishkek 
office of the NHC, ransacked its files, and photographed and filmed 
documents. According to a statement from the permanent delegation of 
Norway to the OSCE, international and local staff were questioned by 
the MIA and agreed to suspend operations until the Ministry of Justice 
approved the NHC's registration. The authorities charged the head of 
the NHC, a Norwegian citizen, with operating the NHC without proper 
registration. On September 5, judges of the Bishkek Sverdlovskiy 
District Court acquitted the NHC representative of all charges. 
However, the Ministry of Justice had not registered the NHC by year's 
end. On October 12, the Kyrgyz border guards denied entrance to the 
head of the NHC and forced him to depart on the next available flight 
out of the country. Airport authorities also stated that he would not 
be allowed to return for 10 years.

    c. Freedom of Religion.--The law provides for freedom of religion. 
The Government generally respected this right in practice, although 
there were some restrictions, particularly regarding the activities of 
conservative Islamic groups that it considered to be extremist and a 
threat to the country. The constitution provided for the separation of 
state and religion. Islam is the most widely practiced faith. The 
Government did not officially support any religion; however, a 2006 
decree recognized Islam and Russian Orthodoxy as ``traditional 
religions.'' The Government also recognizes two Muslim holy days 
(Kurman Ait, or Eid al-Adha, and Orozo Ait, or Eid al-Fitr) and 
Orthodox Christmas as national holidays.
    On November 6, the parliament approved a restrictive religion law 
that gives the state the responsibility to prevent ``religious 
fanaticism and extremism, as well as actions aimed at confrontation and 
exacerbation of relationships.'' The law increases the membership 
threshold for registration of a religious organization from 10 to 200 
individuals, which excludes many smaller faith groups. The law also 
bans proselytizing and grants local authorities the power to ban 
activities of groups registered in another district. By year's end the 
President had not signed the bill into law.
    The State Agency for Religious Affairs (SARA) is responsible for 
promoting religious tolerance, protecting freedom of conscience, and 
overseeing laws on religion. Under the law all religious organizations, 
including religious schools, are required to register with SARA, and 
each congregation is required to register separately. In 2006 SARA 
moved its headquarters to Osh, reportedly to monitor the predominantly 
Muslim Ferghana Valley more closely.
    Although several groups have had difficulties registering, almost 
all were eventually registered. Exceptions included the Hare Krishna, 
the Church of Jesus Christ of Latter-day Saints, and the Universal 
Church, whose registration was suspended in 2003 for noncompliance with 
government regulations. Since 1996 SARA has registered 270 religious 
groups and nearly 1,200 foreign citizens as religious missionaries.
    Each congregation of a religious organization must submit 
registration documents to SARA, which can deny registration if a 
religious organization does not comply with the law or is a threat to 
national security, social stability, interethnic and 
interdenominational harmony, public order, health, or morality. 
Thereafter, the organization must register with the Ministry of 
Justice, which gives the organization legal status and allows it to own 
property and conclude contracts. An applicant whose registration is 
denied may reapply and may appeal to the courts.
    The country's largest Protestant church, with an estimated 11,000 
members, complained of government attempts to hamper its activities in 
the past.
    Missionary groups of various religious organizations operated 
freely, although they are required to register with the Government.
    The Government forbids the teaching of religion (or atheism) in 
public schools, but a 2006 decree allows the teaching of ``the history 
of world religions'' and ``religion in general.'' It also acknowledges 
the rights of students to wear clothing indicative of their religious 
preference. However, there were continued reports of girls in southern 
areas, particularly in the Jalalabad Oblast, being banned from school 
or dropping out because of restrictions on wearing the headscarf.

    Societal Abuse and Discrimination.--The investigation into the 2006 
case of vandalism of Baptist Sarygulov's home and the throwing of 
Molotov cocktails at the church facilities in Karakulja was closed with 
no arrests made. Forum 18 has documented numerous cases of Kyrgyz 
Protestants, Baha'is, Jehovah's Witnesses, and Hare Krishna being 
denied access to community cemeteries to bury relatives due to tension 
with Muslim neighbors. The Muslim Council, the Muftiate, issued a 
decree forbidding the burial of non-Muslims in Muslim cemeteries. 
Meetings with the State Agency for Religious Affairs failed to achieve 
a solution to the discriminatory practice.
    There were no reports of anti-Semitic acts. Approximately 1,600 
Jews lived 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 law on internal migration 
provides for freedom of movement. The Government generally respected 
the right in practice, and citizens were able to move within the 
country with relative ease. However, certain policies continued to 
restrict internal migration, resettlement, and travel abroad.
    The law requires an official residence registration in order to 
work and live in a particular area of the country. Applicants for 
residence registration must file a request with the local police and be 
able to prove that they have a place to live in the area. Individuals 
who do not register, or are registered in their hometown, can be denied 
access to subsidized health care or schooling.
    The law on migration prohibits travel abroad of citizens who had 
access to information classified as state secrets. In 2007 the 
International Organization for Migration (IOM), with the support of 
foreign governments, opened two additional passport offices and a 
training facility for passport officers, producing instructions for 
filling out passport forms, and posting official fees associated with 
the passport process to stem corruption.
    The law does not provide for or prohibit forced exile, and there 
were no reports that the Government employed it in practice.
    In May 2007 the President signed into effect the Law on 
Citizenship, Article 22, which allows for the recognition of dual 
citizenship for citizens. The new law also simplifies naturalization 
procedures and reduces the amount of time needed to qualify for 
residency for select applicants, such as ethnic Kyrgyz and those with 
one parent of Kyrgyz citizenship. Article 13 of the law establishes a 
five-year residency qualification for the naturalization of recognized 
refugees, those married to citizens, prominent scientists, and business 
investors.

    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. In practice 
the Government provided protection for some refugees against expulsion 
or forced return to countries where their lives or freedom would be 
threatened. The Government also provided temporary protection to 
individuals who may not have qualified as refugees under the 1951 
Convention and the 1967 protocol, although the Office of the UN High 
Commissioner for Refugees (UNHCR) reported no persons received such 
protection during the year. While the Government cooperated with the 
UNHCR and other humanitarian organizations in assisting refugees and 
asylum seekers, during the year the Government did not grant refugee 
status or asylum to any Uzbeks or Uighurs or adequately protect such 
individuals.
    According to the State Committee for Migration and Employment 
(SCME), there were 260 refugees and 439 asylum seekers in the country 
as of December 1. Refugees were primarily from Afghanistan (238), along 
with 22 from Syria, Iraq, Iran, and North Korea. Among the asylum 
seekers were 144 from Afghanistan, 163 from Uzbekistan, 120 from 
Chechnya in Russia, and 12 from other countries.
    During a World Refugee Day press conference on July 20, the SCME 
chairperson, Aygul Ryskulova, stated that the Government had 
naturalized 9,517 Tajik refugees over the past five years.
    On May 14, authorities forcibly returned Erkin Holikov, an Uzbek 
citizen and asylum seeker, to Uzbekistan. On March 6, a Jalalabad City 
court convicted him for concealing a crime and illegally crossing the 
border with Uzbekistan and sentenced him to four years in prison. On 
April 30, Holikov's lawyer attempted to register him at the SCME, but 
the SCME rejected his application. A June report by Moscow-based 
Memorial Human Rights Center stated that on May 22, eight days after 
his extradition, an Osh District court ruled that the refusal of 
Holikov's registration by the SCME was illegal.
    On September 19, registered asylum seeker Haiotjon Juraboev 
disappeared in Bishkek. Juraboev left Uzbekistan in 2007. Human Rights 
Watch cites a witness who said that Juraboev was stopped outside a 
mosque by a man in plain clothes who introduced himself as a security 
official. According to the witness, he followed the man to a car and 
was not heard from again. In August 2006 the Government forcibly 
returned four refugees registered with UNHCR and one asylum seeker to 
Uzbekistan.
    There were no refugee camps for Uzbek citizens in the country. The 
media and some NGOs reported that Uzbek refugees continued to hide in 
the country for fear of persecution by the Uzbek authorities.
    According to the UNHCR, the Kyrgyz government agreed that Uzbeks 
already in country could reregister for refugee status. Family members 
of Uzbeks in country could also register after joining their families, 
but newly arrived Uzbeks could not. As with Uzbek asylum seekers, the 
Government continued to deny Chechen refugees official refugee status 
but granted them asylum seeker status and provided them with some legal 
protection.
    According to the UNHCR, Uighurs remained at risk of deportation or 
extradition, particularly if they were involved with political and 
religious activities in China. Uighurs also risked deportation at the 
request of the Chinese government.
    According to the UNHCR, there was no authoritative source for the 
number of stateless persons. Estimates ranged from 400 to 60,000. 
According to the UNHCR, the Department of Passport and Visa Control of 
the Ministry of Interior reported there were 21,337 persons holding 
obsolete USSR passports as of January, of whom they had processed more 
than 60 percent as of August.
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, although some restrictions remained. Under the October 2007 
constitution, the President can veto any legislative act and dismiss 
members of the Government, nominate Constitutional Court judges and 
Supreme Court judges proposed by the NCJA, appoint and dismiss regional 
governors and the heads of local administrations, control defense and 
security bodies, and direct foreign policy. The President has immunity 
after leaving office. The parliament can override Presidential vetoes.
    On September 17, GKNB officers raided the Naryn regional office of 
the opposition party Ata-Meken, confiscated computer equipment and 
documents, and sealed the office doors. According to the head of the 
Naryn regional police directorate, the discovery of 
``anticonstitutional leaflets'' in three public places led the 
authorities to the Ata-Meken office, where they seized a further 147 
leaflets.

    Elections and Political Participation.--On October 5, local 
elections were held nationwide. Observers were allowed to be present at 
voting precincts on Election Day, but the Central Election Commission 
(CEC) rejected applications from international observers on the basis 
that they missed the application deadline. Although the human rights 
ombudsman declared the elections fair, civil society claimed that the 
Government unfairly promoted members of the pro-regime Ak Jol 
candidates to win seats.
    On September 26, opposition leaders released a video message from 
CEC Chair Klara Kabilova in which she claimed she had been pressured by 
the President's son over registering an opposition candidate, Ishenbay 
Kadyrbekov, for local council elections. Kabilova left the country 
prior to the video's release.
    During the year, there were cases of government harassment of 
members of the political opposition. In January a leader of the Ata 
Meken party accused the tax police of harassing the opposition by 
initiating tax audits against multiple opposition parties.
    According to a CEC report, more than 80 percent of the country's 
2.7 million registered voters participated in the October 2007 
referendum, and 81.58 percent of voters approved the new constitution 
and electoral code. However, local and foreign election monitors 
reported ``rampant'' violations, including voter fraud and ballot box 
stuffing, and estimated that voter turnout had been significantly lower 
than the 50 percent needed to make the vote valid.
    Following the constitutional referendum, the President dissolved 
the parliament and called for new elections in December 2007. The 
elections were marred by numerous and wide-spread irregularities, and 
representatives of the OSCE election monitoring mission stated that the 
elections ``failed to meet a number of OSCE commitments.''
    The CEC certified that three parties passed the thresholds to gain 
seats in parliament: Ak Jol party with 71 seats, the Social Democratic 
Party of Kyrgyzstan (SDPK) with 11 seats, and the Party of Communists 
of Kyrgyzstan with eight seats. Opposition party Ata-Meken, which did 
not gain any seats, accused the Government of vote rigging, but the 
Supreme Court upheld a December 2007 CEC ruling that Ata-Meken had 
failed to pass the regional voting threshold in the city of Osh. After 
the December 2007 elections, the President formed a new government 
without any opposition party representatives.
    Twenty-three women representing three political parties secured 
seats in parliament following the December 2007 elections. Women held 
several high-level government posts, including minister of finance, 
minister of education and science, minister of labor and social 
development, chief justice of the Constitutional Court, the chair of 
the State Committee on Migration and Employment Issues, and (until 
September) chair of the CEC.
    There were 17 members of six minorities represented in the new 90-
seat legislature. Russians and Uzbeks, the two largest ethnic minority 
groups, remained underrepresented in government positions. Members of 
minority groups held senior posts, including an ethnic Russian promoted 
from minister of energy, industry, and fuel to prime minister following 
the December 2007 elections.

    Government Corruption and Transparency.--Corruption remained 
endemic at all levels of society. 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. During the year the Government took limited steps to address 
the problem, including arrests of government officials on corruption 
charges.
    According to polls conducted by the International Arbitration Court 
at the beginning of the year, 70 percent of businessmen did not trust 
the judicial system due to rampant corruption.
    During the year the National Anticorruption Agency received 
complaints and phone calls regarding corruption among governmental 
officials. The complaints were related primarily to unlawful actions of 
law enforcement and judiciary bodies.
    In October 2007 the NGO Kyrgyz Parliamentarians Against Corruption 
analyzed the implementation of the National Anti-Corruption Strategy, 
adopted in 2005. Noting several positive steps, such as the 
ratification of the UN Convention Against Corruption and establishment 
of the National Anticorruption Agency and the National Anticorruption 
Council, the NGO reported delays in implementation of the strategy, 
lack of compliance of the domestic legislation with international 
standards, and insufficient involvement in anticorruption activities by 
civil society.
    According to the Prosecutor General's Office, 394 corruption 
charges were registered by July. The corruption cases were in relation 
to allegations of malfeasance, illegal examinations by state agencies, 
mismanagement of government funds and unauthorized procurements, 
embezzlement, illegal commercial activity, and bribery.
    On December 16, the Prosecutor General's Office announced that it 
had arrested a judge of the Naryn oblast court for accepting a 10,000 
som ($254) bribe from a defendant.
    On November 14, the Commissioner of the National Anticorruption 
Agency reported the results of an inspection of universities. It found 
violations of admissions processes at Kyrgyz National University and 
Jalal-Abad State University. As a result the minister of education 
dismissed the rectors, and the Prosecutor General's Office charged 
university admission personnel with abuse of power and forgery.
    On May 2, Kabar News Agency reported that GKNB officers detained 
the judge of the Moscow District Court of the Chui Oblast for extorting 
and receiving a bribe for 98,545 soms ($2,500). Officials launched a 
criminal case against the judge.
    On April 28, the Jalalabad courts convicted former first deputy 
governor of Osh Oblast, Kushbak Tezekbayev; former head of the regional 
administration's financial and economic department, Seitkasym 
Dzheenbekov; and the head of the March People's Revolution public 
association, Timur Kamchybekov, for abuse of power. Tekezbayev claimed 
the charges stemmed from his criticism of the Bakiyev administration. 
The judge sentenced Tezekbayev to five years in prison but delivered 
suspended sentences to his codefendants.
    The law gives persons the right to request information from the 
Government. The Government generally complied with such requests.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally cooperated with the numerous international 
organizations that reported on human rights problems in the country and 
with international organizations generally, and permitted visits by UN 
representatives and other organizations, including the OSCE, ICRC, and 
IOM.
    A February 2 decree disbanded the State Commission on Human Rights 
and transferred its authority to the Office of the Ombudsman. The 
ombudsman's mandate is to act as an independent advocate for human 
rights on behalf of private citizens and NGOs, and he has the authority 
to recommend cases to courts for review. The Ombudsman's Office 
actively advocated for individual rights. Ombudsman's Office 
representatives stated that during the first nine months of the year, 
they received 1,706 complaints. The Ombudsman's Office stated that in a 
number of cases, its advocacy had been effective in reversing court 
verdicts against complainants.
    Harassment and pressure by law enforcement agencies and unknown 
persons on human rights activists remained a problem.
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 there was 
discrimination against women, persons with disabilities, ethnic 
minorities, and homosexuals.

    Women.--The law specifically prohibits domestic violence and 
spousal abuse; however, violence against women remained a problem. Many 
crimes against women were not reported due to psychological pressure, 
cultural traditions, and the apathy of law enforcement officials. 
Penalties ranged from fines to 15 years' imprisonment (if abuse 
resulted in death). There were 300 reported crimes committed against 
women in 2007, the latest year for which crime statistics are 
available, and the majority of those cases were sent to court.
    Several local NGOs provided services for victims of domestic 
violence, including legal, medical, and psychological assistance, a 
crisis hot line, shelters, and prevention programs. Organizations 
involved with battered women also lobbied for new laws on domestic 
violence. The Government provided offices for the Sezim Shelter and 
paid its bills.
    Rape, including spousal rape, is illegal. Activists noted an 
upwards trend in rape cases, although this may have been due to 
increased reporting of attacks. NGOs claimed that rape cases were 
dramatically underreported and were rarely brought to court. Experts 
noted that bribery was often used to curtail rape investigations.
    Although prohibited by law, the traditional practice of kidnapping 
women and girls for forced marriage continued in rural areas. Cultural 
traditions discouraged victims from going to the authorities.
    On August 5, the President signed a law providing for equal rights 
for men and women. According to the Presidential press service, the 
``document establishes state guarantees in terms of providing equal 
rights and opportunities for persons of various sexes in political, 
social, economic, cultural, and other fields.and aims to protect men 
and women against discrimination on the basis of sex.'' Women have the 
same rights as men, including under family law, property law, and in 
the judicial system, although discrimination against women persisted in 
practice. Average wages for women were substantially less than for men. 
Women made up the majority of pensioners, a group that was particularly 
vulnerable to deteriorating economic conditions. In the countryside, 
traditional attitudes toward women relegated them to the roles of wife 
and mother and curtailed educational opportunities. Data from NGOs 
working on women's issues indicated that women were less healthy, more 
abused, less able to work outside the home, and less able to dispose of 
their earnings independently than men.
    Prostitution is not a crime, although the operation of brothels, 
pimping, and recruiting persons into prostitution is illegal, with 
penalties of up to five years. With no legal measures in place to 
regulate the industry, it was an ongoing problem. The NGO Tais-Plus 
continued to defend the rights of those in prostitution.
    Sexual harassment is prohibited by law; however, according to an 
expert at the local NGO Shans, it was rarely reported or prosecuted. 
Penalties range from fines to imprisonment.
    According to the Operational Response Center of the Interior 
Ministry, police respond to almost 10,000 cases of family conflict each 
year. Nearly 15 percent of crimes committed during family conflicts 
resulted in deaths or serious injuries.
    According to a poll conducted by the Women's Development Fund of 
the UN, 80 percent of respondents said that there was physical violence 
against women in the home.
    The National Council on the Issues of Family, Women and Gender 
Development, under the President, is responsible for women's issues.

    Children.--The Government was generally committed to the rights and 
welfare of children, although it lacked resources to address fully 
basic needs for shelter, food, and clothing. According to Articles 19 
and 20 of the children's code, every child born in the country has the 
right to receive a birth certificate, local registration, and 
citizenship. In 2006 the Government initiated a program providing each 
elementary student with a free glass of milk and a roll every morning. 
Rural and urban schools administered the program effectively.
    The law provides for compulsory and free education for the first 
nine years of schooling, or until age 14; secondary education is free 
and universal up to age 17. However, financial constraints prevented 
the Government from providing free basic education for all students. 
The law penalizes parents who do not send their children to school or 
who obstruct their attendance. This law was only sporadically enforced, 
particularly in rural areas. Families who kept children in public 
schools often had to pay burdensome and illegal administrative fees. In 
September 2007 the Government decreed that parents of schoolchildren 
should not pay administrative fees to schools.
    The Government continued to fund two programs for low-income 
children and children with mental or physical disabilities that provide 
school supplies and textbooks. Legally, all textbooks should be free, 
but the Government was unable to provide them to all students.
    The Government provided health care for children, and boys and 
girls had equal access. The system of residence registration restricted 
access to social services, including health care and education for 
certain children, such as refugees, migrants, internally displaced 
persons, and noncitizens.
    Child abuse, including beatings, child labor, and commercial sexual 
exploitation continued to be a problem. According to monitors from the 
Department on Child Rights Defense under the State Agency for Physical 
Culture and Sports, administrators and school guards at a school in 
Chui Oblast physically abused children.
    The practice of bride kidnapping remained a concern, with some 
underage abductions reported during the year. Children ages 16 and 17 
may legally marry with the consent of local authority, although 
marriage before age 16 is prohibited under all circumstances.
    Trafficking of children for the purposes of commercial sexual 
exploitation and labor remained a problem.
    Family law prohibits divorce during pregnancy and while a child is 
younger than one year.
    As in previous years, there were numerous reports of child 
abandonment due to parents' lack of resources, leading to larger 
numbers of children in institutions, foster care, or on the streets. 
Approximately 80 percent of street children were internal migrants. 
Police detained street children and sent them home (if an address was 
known) or to a rehabilitation center or orphanage.
    State orphanages and foster homes also faced a lack of resources 
and often were unable to provide proper care. Some older children were 
transferred to mental health care facilities, even when they did not 
exhibit mental health problems. According to the Social and Gender 
Issues Department within the presidency, the number of children in 
state shelters continued to grow, with the total number of children in 
the 39 state shelters estimated at 5,390 at the end of the year. Of 
these children, 20 percent were orphans.
    The MIA-maintained Rehabilitation Center for Street Children in 
Bishkek continued to lack sufficient food, clothes, and medicine and 
remained in poor condition. It sheltered approximately 70 children, 
according to UNICEF. IOM, together with foreign government funding and 
assistance from the SCME, renovated a second center for minors in Osh, 
staffed it with an IOM-trained NGO, and stocked it with necessary food 
and supplies.
    The League for Protection of Children's Rights stated in September 
that children's rights were violated regularly at the Lebedinovka 
Gymnasium School #2. They reported instances of physical abuse and 
illegal money collection by the school administration, and they also 
reported that the number of students at the school had dropped from 
1,700 to 700 over the last three years. The Ministry of Education had 
not made any public response by year's end.

    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. Trafficking remained a persistent 
problem, and victims alleged that government officials facilitated, or 
were complicit in, trafficking. However, the Government continued to 
make significant efforts to address trafficking, including improved 
assistance to victims.
    The country was a source, transit, and to a lesser degree, 
destination, for trafficked persons. Internal trafficking for labor and 
sexual exploitation also occurred, generally from poor rural areas to 
larger cities such as Bishkek in the north and Osh in the south. The 
Government recognized that trafficking in persons was a problem.
    With financial and practical assistance from various international 
and nongovernmental organizations, the Government supported a 
countrywide information campaign and trained law enforcement and 
foreign affairs officials on trafficking awareness. The Government took 
additional steps to streamline labor migration by adopting a program on 
the regulation of migration processes and collaborating with the 
Governments of Russia, South Korea, and Kazakhstan to improve the 
protection of rights of Kyrgyz labor migrants working abroad.
    There were no reliable data on the number of persons trafficked. 
International organizations and NGOs reportedly provided assistance to 
67 victims of trafficking as of September 1. Most trafficking cases 
were reported after the agricultural labor season ended and forced 
laborers wished to return home. According to SCME estimates, up to 
300,000 Kyrgyz citizens worked in Kazakhstan, 250,000-400,000 were 
employed in the Russian Federation, and an estimated 4,000 Kyrgyz 
citizens worked in the United Arab Emirates (UAE). The number of these 
citizens working abroad who were trafficking victims was unknown.
    During the year the State Committee for Migration and Employment 
(SCME)'s offices provided consultations to more than 7,000 persons 
through its hot line and in person. Citizens learned about legal labor 
migration and the dangers of trafficking from the ``Stop Trafficking'' 
hot lines. According to the SCME, governmental agencies assisted in the 
repatriation of 134 Kyrgyz victims of trafficking during the year. 
According to the IOM's estimates, law enforcement agencies and aid 
organizations learned about one out of every six to eight cases of 
women victims and one out of 20 cases involving men.
    The IOM estimated that, in comparison with victims from the north, 
more than twice the number of trafficking victims assisted through its 
programs were from the southern provinces of Jalalabad and Osh, where 
unemployment rates were higher.
    Women, especially from impoverished southern areas, were trafficked 
for sexual exploitation to Kazakhstan, Russia, UAE, China, South Korea, 
Turkey, Greece, Cyprus, Thailand, Germany, and Syria.
    Traffickers were often persons who previously operated local 
prostitution networks. Relatives or close family friends reportedly 
also were used to recruit trafficking victims. Traffickers also 
included organized crime rings that often used former trafficking 
victims as recruiters. In some cases traffickers provided escorts, 
usually an older woman, to accompany victims and facilitate border 
crossings into countries such as the UAE. Labor trafficking was much 
less organized and often involved self-employed recruiters who simply 
loaded persons onto buses and transported them to the country for work 
on farms or to foreign labor recruitment firms.
    The most recent development in trafficking is the use of 
``collateral.'' Victims of trafficking are forced by their traffickers 
to leave relatives, usually children, as hostages to the traffickers 
until a suitable labor replacement has been found, forcing victims to 
assist traffickers in recruiting other victims.
    Trafficking in persons, including organizing illegal migration and 
smuggling, is a criminal offense punishable by up to 20 years in 
prison. Other provisions of the criminal code used to prosecute 
traffickers included kidnapping, recruiting persons for exploitation, 
coercion into prostitution, rape, and deprivation of freedom. The 
maximum sentence for those prosecuted under these laws is 15 years.
    According to IOM there were increased numbers of Bangladeshi and 
other South Asian migrants transiting the country en route to Europe. 
The IOM estimated there were 2,000-3,000 Bangladeshi citizens in the 
country in transit to western countries. IOM reported that during the 
year there was one case of trafficking victims being prosecuted for the 
possession of false documents and crossing the border illegally. The 
trafficking victims were later acquitted, and at year's end the 
trafficker was on trial. In two other reported prosecutions, 
traffickers were sentenced to five years in prison and forced to pay 
damages to the victims.
    The National Antitrafficking Council, chaired by the vice prime 
minister, is responsible for coordinating the efforts of government 
agencies in fighting trafficking. Together with the OSCE and IOM, the 
SCME drafted a national anti-trafficking action plan, to be submitted 
for parliamentary ratification.
    In the spring the Ninth Department, a separate division of the MIA 
that focuses on immigration and registration violations and reports to 
the Passport Office began to lead investigations into trafficking 
crimes. According to the MIA, 34 trafficking-related crimes were 
investigated from March 2007 to March 2008. According to the IOM, there 
were three convictions during the year.
    Endemic corruption impeded the Government's efforts to curb 
trafficking. Victims reported that local police, immigration officers, 
and airport security officials often cooperated with highly organized 
trafficking operations. Observers believed that some government 
authorities facilitated or were otherwise complicit in trafficking 
activities.
    The 2006 amendments to Article 124 of the criminal code protect 
trafficking victims from being prosecuted if they cooperate with an 
investigation, and also in some cases grants temporary or permanent 
residence status. Some trafficking victims cooperated with 
investigations, but many feared possible retaliation from traffickers. 
There were no reports that the Government deported foreign victims of 
trafficking during the year. The IOM reported a decrease in reports 
from returning overseas workers that they had to pay bribes to avoid 
imprisonment for false documents. Kyrgyz embassies abroad assisted 
victims of trafficking by issuing new authentic travel documents to 
replace the false documents the victims used to exit Kyrgyzstan.
    Numerous articles in governmental and independent media outlets 
publicized the dangers of working abroad, and posters on public 
transport raised public awareness of the problem.
    The Government actively participated in and helped implement 
numerous anti-trafficking programs and cooperated with international 
organizations and other countries to combat trafficking. Central and 
local governments worked on an information campaign with approximately 
36 domestic NGOs that operated within the IOM-operated anti-trafficking 
network. The IOM also financed and trained NGOs to maintain 
antitrafficking hot lines in each province, using toll-free numbers 
provided by the Government, to help potential and actual trafficking 
victims. The SCME provided free office space for the IOM-sponsored hot 
line staff.
    As of August five domestic NGOs in the Osh and Batken oblasts 
continued to facilitate an OSCE-supported project on prevention of 
trafficking in women and children in the south of the country. The 
project opened three hot lines, conducted education and public 
awareness campaigns, issued information bulletins, supported 
journalists' investigations of trafficking cases, and organized 
training for human rights activists.
    In the spring, the IOM and the Norwegian government, with support 
from the local government, moved the Rehabilitation Center for Children 
in Osh to a new, larger location. The center provided shelter to child 
victims of trafficking and labor exploitation. With the new facilities, 
the IOM increased its capacity for assisting victims of trafficking as 
well as providing assistance to victims of domestic violence and other 
crimes.
    During the year, European Union (EU) supported anti-trafficking 
projects in Osh, Jalalabad, and Batken oblasts provided local teachers 
with training and increased the capacity of administrative and law 
enforcement bodies to combat trafficking.
    According to several NGOs, the Government did not directly assist 
trafficking victims, including those repatriated, with special services 
or care facilities. The Government supported NGOs by providing them 
with office space, space for two shelters (one in Bishkek and one in 
Osh), and free advertising in government-owned media outlets. Law 
enforcement organs increasingly referred trafficking victims to IOM-
sponsored shelters, such as Sezim. By November 13, victim shelters had 
provided rehabilitation services to 15 women. After suffering damages 
during an earthquake, the Osh shelter opened a new facility on November 
1 with building space provided by the Government and refurbishments 
paid for with grants from the IOM and the Norwegian government. Many 
foreign-funded NGOs conducted workshops for law enforcement officers.
    A number of NGOs, including Women's Support Center, TAIS-Plus, New 
Chance, Sezim, Podruga, and Golden Goal, provided legal, medical, and 
psychological assistance, as well as economic aid to trafficking 
victims.
    During the year, the IOM provided assistance to 84 trafficking 
victims, including repatriation, psychological support, shelter upon 
arrival in Bishkek or Osh, vocational training, and monthly stipends. 
The IOM, the OSCE, various local organizations, and foreign governments 
sponsored a wide range of preventive programs, including 
antitrafficking public service announcements, roundtables, and 
workshops, to increase awareness among the Government, nonprofit, 
tourism, and media sectors.
    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, but in practice there was 
discrimination in employment, education, access to health care, and the 
provision of other state services for persons with disabilities. The 
law mandates access to buildings for persons with disabilities and 
provides for access to public transportation and parking for persons 
with disabilities, subsidies to make mass media available to the 
hearing or visually impaired, and free plots of land for the 
construction of a home. However, the Government generally did not 
enforce these provisions of the law. In addition persons with 
disabilities often had difficulty finding employment because of 
negative societal attitudes and high unemployment among the general 
population.
    The lack of resources made it difficult for persons with 
disabilities to receive adequate education. Although children with 
disabilities have the right to an education, Gulbara Nurdavletova of 
the Association of Parents of Children with Disabilities stated that 
most were denied entry into schools for spurious reasons. Their parents 
sometimes established special educational centers for their children, 
but they did not receive government assistance.
    Serious problems continued within psychiatric hospitals. The 
Government was unable to provide basic needs such as food, water, 
clothing, heating, and health care, and facilities were often 
overcrowded. Inadequate funding played a critical factor. Children with 
mental disabilities were put into psychiatric hospitals rather than 
socially integrated with other children. Other patients were also often 
admitted involuntarily, including children without mental disabilities 
who were too old to remain in orphanages.
    The Youth Human Rights Group monitored the protection of children's 
rights in institutions for children with mental and physical 
disabilities. The group noted gross violations by staff at several 
institutions, including the deprivation of sufficient nourishment and 
physical abuse of the young patients.
    The Office of the Prosecutor General is responsible for protecting 
the rights of psychiatric patients and persons with disabilities. 
According to local NGO lawyers, the members of the Prosecutor's Office 
had no training and little knowledge of the protection of these rights 
and were ineffective in assisting citizens with disabilities. Most 
judges lacked the necessary experience and training to determine 
whether persons should be referred to psychiatric hospitals, and the 
practice of institutionalizing individuals against their will 
continued.
    A parliamentary commission reported violations of patients' rights 
in a number of mental hospitals. According to the report, the lack of 
funding was the main contributing factor. The Prosecutor General's 
Office was investigating allegations of embezzlement of grant money at 
the Chym-Korgon mental hospital that arose from the commission's work. 
The commission planned to present its full report in March 2009.

    National/Racial/Ethnic Minorities.--Minorities alleged 
discrimination in hiring, promotion, and housing, but no official 
reports were registered with local authorities.
    On January 1, two Kyrgyz teenagers were beaten by a group of ethnic 
Uzbeks in the Osh City district of Turan. Following the incident local 
media reported that ethnic Kyrgyz men were patrolling the area and 
physically assaulting ethnic Uzbeks. A criminal investigation resulted 
in the capture of two ethnic Uzbeks. No further information was 
available at year's end.
    The law designates Kyrgyz as the state language and Russian as an 
official language, and it provides for preservation and equal and free 
development of minority languages. Russian-speaking citizens alleged 
that a ceiling precluded promotion beyond a certain level in government 
service. They also alleged that some otherwise qualified candidates for 
office were disqualified by unfair language examinations. Both Uzbek 
and Russian were widely used officially and unofficially. The 
Government's initiative to increase official use of Kyrgyz raised 
concerns among non-Kyrgyz ethnic groups about possible discrimination.

    Other Societal Abuses and Discrimination.--Persons of 
nontraditional sexual orientation, particularly homosexual men, were 
among the most oppressed groups, although the country does not outlaw 
homosexuality. Those whose nontraditional sexual orientation was 
publicly known risked physical and verbal abuse, possible loss of work, 
and unwanted attention from police and authorities. Incarcerated gay 
men were often openly victimized in prisons by inmates and officials 
alike. In October Human Rights Watch reported that lesbians and 
transgender men suffered violence in the home and in public. Some 
lesbians reported being raped to ``cure'' them of their sexual 
orientation. Forced marriages for lesbian and bisexual women also 
occurred.
    According to news reports, on April 8, MIA officers raided a dinner 
hosted by the gay rights group Labrys and demanded identification 
documents from the 30 local and international advocates gathered. After 
negotiations brokered by human rights lawyers, the police officers left 
the location without further disruptions.
    A single NGO provides services for lesbian and transgender 
individuals.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of all 
citizens to form and belong to trade unions, and workers exercised this 
right in practice. Approximately 94 percent of workers belonged to a 
union. The Federation of Trade Unions (FTU) remained the only umbrella 
trade union in the country. The FTU had 1.06 million members, or 56 
percent of the country's employed workforce. Unions were not required 
to belong to the FTU, and there were several smaller unaffiliated 
unions. One of the largest of these was the Union of Entrepreneurs and 
Small Business Workers, with a membership of approximately 60,000.
    The law grants the right to strike, but the numerous conditions 
required to receive formal approval made the procedure difficult and 
complicated.
    The law on government service prohibits government employees from 
striking.

    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 most of the time. In 
February, a district court suspended Sagyn Bozgunbaev, the 
democratically elected President of the Federation of Trade Unions of 
Kyrgyzstan, from his office. The International Trade Union 
Confederation reported that the decision was influenced by pressure 
from state authorities.
    The law recognizes the right of unions to organize and bargain 
collectively, and trade unions exercised this right on behalf of their 
members.
    There are no special laws or exemptions from regular labor laws in 
the Free Economic Zones (FEZs) that function as 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.
    Government licensing rules place strict requirements on companies 
recruiting persons to work both domestically and abroad, including 
vetting requirements by the SCME for all recruitment companies. The 
Government regularly published the list of licensed and vetted firms.
    Recruiters are required to monitor employer compliance with 
employment terms and the working conditions of labor migrants while a 
work contract is in effect. Recruiters are also required to provide 
workers with the employment contract prior to their departure.
    In 2005 local media reported that a number of Kyrgyz citizens were 
being held hostage in China because they had not paid for goods 
purchased from Chinese merchants. According to the State Committee on 
Migration and Employment, there were two such cases registered at the 
beginning of the year, and negotiations between the Kyrgyz and Chinese 
governments resulted in the release of one individual during the year. 
The Governments continue to negotiate the second case.
    There were additional reports by the NGO Mental Health and Society 
that patients in psychiatric hospitals were used routinely for 
unauthorized labor on hospital grounds and as domestic service for 
doctors and local farmers. The patients allegedly did not have a choice 
to refuse but were rewarded with extra food for their work.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for the protection of children from economic exploitation 
and from work that poses a danger to their health or development; 
however, child labor remained a widespread problem. The minimum legal 
age for basic employment is 16, except for certain circumstances, such 
as selling newspapers. In addition the law bans the employment of 
persons under 18 in difficult or dangerous conditions, including the 
metal, oil, and gas industries; mining and prospecting; the food 
industry; entertainment; and machine building. Between 14 and 15, 
children can work up to five hours a day, and between 16 and 18 they 
can work up to seven. These laws also apply to children with 
disabilities.
    In January the Government adopted the State Program of Actions of 
Social Partners on the Worst Forms of Child Labor in Kyrgyzstan for 
2008-2011. According to UNICEF approximately 4 percent of the country's 
children ages five to 14 years were engaged in child labor. A 
Kyrgyzstan Television 1 report in October 2007 cited experts stating 
that approximately 17 percent of children between the ages of five and 
17 worked. Child labor was noted in the following sectors: tobacco, 
cotton, rice, cattle breeding, mining, construction, brick making, car 
washing, shoe cleaning, and retail sales of tobacco and alcohol. 
Children were also involved in family enterprises, particularly in 
agriculture and roadside kiosks. According to the Agricultural Workers 
Union, the number of children in the south involved in child labor 
reached 125,000, while the number of children working in tobacco fields 
was approximately 15,000. A draft of a study conducted by the National 
Statistical Committee of Kyrgyzstan estimated that 183,480 children 
were engaged in hazardous work, and that 88 percent of working children 
labored under conditions that posed risks to their development.
    According to reports from various NGOs, child labor continued to be 
particularly prevalent in the south. During the fall some schools 
cancelled classes and sent children to pick cotton. During the summer 
children were involved in tobacco production. Some schools required 
children to harvest tobacco planted on school grounds, with the income 
going directly to the schools, not to the children. Several 2007 news 
reports highlighted the prevalence of child labor in the coal mining 
industry.
    Internal trafficking of children for the purposes of commercial 
sexual exploitation and labor remained a problem. Children were 
generally trafficked from poor rural areas to Bishkek and Osh. The 
International Labor Organization (ILO) also observed an increase in the 
employment of trafficked children to sell and distribute illicit drugs.
    The parliamentary committees for health protection, women and 
family, and education, science, and cultural affairs oversee the legal 
protection of the interests of minors whenever new laws are discussed 
in parliament.
    Reports from ECPAT International indicated that police forced 
street and working children to give up their earnings in exchange for 
being released.
    The Prosecutor General's Office and the State Labor Inspectorate 
are responsible for enforcing employers' compliance with the labor 
code. During the year inspectors conducted spot-checks of child labor 
law compliance, but these were infrequent and ineffective. During the 
first six months of the year, the Prosecutor General's Office conducted 
52 checks, resulting in 16 written notifications, 33 demands for 
immediate action, 142 warnings, and four disciplinary actions against 
five individuals. Since many children worked for their families or were 
self-employed, it was difficult for the Government to determine whether 
their work complied with the labor code.
    The Government was unable to enforce child labor laws adequately 
due to a lack of resources. Although employers caught violating the 
labor code could be charged with financial or criminal penalties, 
punishment was usually minimal.
    The Government supported several social programs to prevent the 
engagement of children in exploitative child labor. The Ministry of 
Education, in collaboration with the ILO, continued a program to enable 
teachers to combat the worst forms of child labor.

    e. Acceptable Conditions of Work.--There was no minimum wage. A 
nominal national minimum monthly wage of 340 soms ($9.78) was used for 
administrative purposes; the amount would not provide a decent standard 
of living for a worker and family. However, employers generally paid 
somewhat higher wages. The FTU and other trade unions are empowered to 
enforce all labor laws.
    The standard workweek is 40 hours, usually within a five-day week. 
For state-owned industries, there is a mandated 24-hour rest period in 
the workweek. According to the labor code, overtime work cannot exceed 
four hours per day and 20 hours per week, and must be compensated with 
leave or premium pay of between 150 and 200 percent of the hourly wage. 
These provisions were mainly enforced at large companies and 
organizations with strong trade unions. Small, informal firms had no 
union representation.
    Safety and health conditions in factories were poor. The law 
establishes occupational health and safety standards, but the 
Government generally did not enforce them. The State Labor Inspectorate 
is responsible for protecting workers and carrying out inspections for 
all types of labor issues, but its activities were limited, and 
business compliance was uneven. Workers of all industries have the 
right to remove themselves from dangerous workplaces without 
jeopardizing their employment, and workers exercised this right in 
practice.
    According to World Bank estimates, remittances of labor migrants 
amounted to more than 27 percent of Gross Domestic Product. In 
September 2007 the prime minister enacted the State Program on 
Regulating Migration for 2007-2010, developed by the IOM and SCME. The 
goal of the program is to reduce illegal labor migration and associated 
trafficking and to provide legal and social support to labor migrants 
abroad.
    In March 2007 the parliament approved an agreement with Kazakhstan 
on mutual protection of each country's labor migrants.
    In March 2007 the SCME signed an agreement with the Russian 
government to join efforts in legalizing Kyrgyz labor migrants working 
in Russia. According to the SCME, during the year there were SCME 
representatives in several Russian cities to assist Kyrgyz labor 
migrants. The SCME representative also said that in cases of violence 
against Kyrgyz citizens, they have agreements with the Russian 
government to assist the victims and investigate crimes against them.
    In March the SCME, with the support of the IOM and the Swedish 
Development Agency, opened an information center for potential labor 
migrants in Osh.
    The 2005 Law on Foreign Labor Migration provides all foreign 
workers with the same rights and conditions as citizens. According to 
the SCME, foreign workers must be properly registered before exercising 
those rights.

                               __________

                                MALDIVES

    The Republic of Maldives is a constitutional democracy with a 
strong executive and, according to estimates, a population of 
approximately 390,000. The President appoints the cabinet and eight 
members of the 50-member parliament. The President derives additional 
influence from his constitutional role as the ``supreme authority to 
propagate the tenets of Islam.'' On August 7, President Maumoon Abdul 
Gayoom ratified a new constitution that paved the way for the first 
multiparty Presidential election. On October 8, candidates from six 
political parties participated in the first round. However, of the two 
candidates receiving the highest vote counts, neither President Gayoom, 
a member of the dominant Dhivehi Rayyithunge Party, nor Mohamed 
Nasheed, a former political prisoner and the leader of the opposition 
Maldivian Democratic Party, had sufficient support to secure a win. A 
runoff election between President Gayoom and Mohamed Nasheed occurred 
on October 29, with Nasheed defeating Gayoom. Election observers from 
the British Commonwealth, Colombo-based diplomatic missions, and local 
organizations such as Transparency Maldives reported the elections were 
relatively free and fair, with minor voting irregularities. The new 
constitution establishes a separation of powers and a bill of 
rights.Civilian authorities generally maintained effective control of 
the security forces.
    The Government's human rights record continued to improve from the 
previous year, although some issues remained. Security forces 
occasionally abused detainees. Unequal treatment of women existed, as 
did restrictions on 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 arbitrary or 
unlawful killings.
    On March 17, authorities charged police corporal Ahmed Shah with 
assault in connection with the 2007 death of Hussain Salah near the 
police base of Atoluvehi. Salah had been arrested on drug charges and 
police claimed that he had been released, but the Human Rights 
Commission of Maldives (HRCM) concluded there was insufficient evidence 
to try Shah, and the case was being treated as a suspected custodial 
death. Shah's trial continued at year's end.
    In May the HRCM appealed court rulings that dismissed a suit 
involving the 2005 custodial death of Muaviath Mahmood on the grounds 
that Mahmood's family, not the commission, should have filed the suit. 
The HRCM argued that if the 2007 court ruling that dismissed the case 
were upheld and taken as a precedent, it would not be able to carry out 
its duties under the Human Rights Commission Act.
    On September 20, Deputy Home Minister Abdullah Waheed confirmed 
that eight former security officers originally sentenced to death for 
the 2003 killing of Maafushi prison inmate Evan Naseem had their 
sentences reduced to house arrest. The new punishment was not enforced.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibited such practices, although there were 
reports of mistreatment of persons by security forces.
    In April the Maldivian Detainee Network (MDN) reported that police 
beat six prisoners in Dhoonidhoo detention center after their arrest 
during a crackdown on gang violence. A subsequent hunger strike by 
inmates reportedly led to further police abuse.
    In May the mother of one of the Dhoonidhoo detainees filed a 
complaint with the HRCM alleging her son was beaten while in custody. 
The detainee, Ahmed Simhan, had turned himself into police in Male in 
February in connection with an investigation into gang-related violence 
that had resulted in the death of a gang member.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, although officials did not hold 
pretrial detainees separately from convicted prisoners.
    In 2007 the HRCM issued a report criticizing the lack of medical 
provisions in Dhoonidhoo detention center. There was no reported 
response to the HRCM's findings.
    According to the MDN, in May more than 300 inmates at Maafushi 
petitioned the President demanding better ventilation, amelioration of 
overcrowded conditions, and the cessation of beatings with batons. An 
eight-member government committee later inspected conditions in 
Maafushi and submitted recommendations for corrective measures. The 
demands followed a June 2007 six-day hunger strike to force a meeting 
with government officials to discuss their grievances.
    The police continued to refuse independent access to 60 individuals 
arrested followingthe September 2007 bombing in Male. Other prisoners 
reported that authorities did not give these prisoners access to 
lawyers and subjected them to physical abuse.
    Citing an overcrowded prison system, President Nasheed transferred 
119 prisoners to house arrest in December. Opposition leaders accused 
the Government of releasing hardened criminals and violating normal 
parole procedures.
    The Government generally permitted regular, unannounced prison 
visits by the HRCM, and in February the International Committee of the 
Red Cross (ICRC) visited security detainees in prison and in one case 
at the home of one detainee under house arrest. The Government also 
allowed unfettered access to prisons by the jail oversight committee of 
judges and members of parliament. The oversight committee had a mandate 
to visit quarterly and submit a report directly to the President. These 
reports were not available to the public.

    d. Arbitrary Arrest or Detention.--The law prohibited arbitrary 
arrest and detention, but the Government had broad authority to arrest 
and detain suspects. In practice there were reports that police 
arrested and held persons arbitrarily for short periods of time.
    In June numerous family members of 31 detainees from Khulhudhufushi 
island being held at Dhoonidhoo detention center complained that they 
had not been told the reason for their family members' detention. 
Shortly after these complaints, authorities released the detainees.

    Role of the Police and Security Apparatus.--The Maldives National 
Defense Force (MNDF) collected intelligence, made arrests, and enforced 
house arrest. Although the MNDF was responsible for external security, 
it also had a role in internal security. The director of the MNDF 
reported to the minister of defense. On August 5, the majlis passed a 
new Police Act that established legal parameters for the force's role 
and placed the police directly under the control of the President.
    Police initiated investigations in response to written complaints 
from citizens, police officers, and government officials or on 
suspicion of criminal activity. Prior to the ratification of the new 
constitution in August, police were not legally required to obtain 
arrest warrants or inform an arrested person of his rights, but 
government officials stated that in practice they urged law enforcement 
officials to inform arrested persons of their rights. The Attorney 
General (AG) referred cases to the appropriate court based on the 
results of police investigations. The authorities generally kept the 
details of a case secret until they were confident that the charges 
were likely to be upheld.
    The Star Force, also referred to as the Special Operations 
Department, is an elite unit of the Maldives Police Service. In its 
annual report issued during the year, Reporters Without Borders alleged 
that in 2007 the Star Force was involved in arrests of journalists and 
antigovernment demonstrators. Their tactics reportedly included 
physical attacks and threats.
    The Police Integrity Commission, established in 2006 to investigate 
allegations of police corruption and impunity, was ineffective, holding 
no hearings during the year. However, under newly elected President 
Nasheed, five new commissioners were named on December 19. The 
commission was the primary mechanism available to investigate security 
force abuses.

    Arrest and Detention.--The constitution provided for an arrestee to 
be informed of the reason for arrest within 24 hours and provides for 
the right to hire a lawyer. The law requires that a detainee be 
informed of the right to a lawyer at the time of arrest. Changes to the 
law of arrest required no person be arrested unless the arresting 
officer observed the offence, had reasonable evidence, and had an 
arrest warrant issued by the court. The court does not appoint legal 
counsel. According to the AG, police normally informed the arrestee's 
family of the arrest within 24 hours, although the law does not require 
that police inform the family of the grounds for the arrest. 
Authorities generally permitted detainees to have counsel present 
during police questioning. Prisoners had the right to a ruling on bail 
within 36 hours; however, there were reports that bail procedures were 
not publicized adequately, explained, or implemented consistently.
    The law provides for investigative detention. Once a person is 
detained, the arresting officer must present evidence to a legal 
committee within 24 hours. The committee can recommend detention for up 
to seven days pending further investigation. After the seven days 
expire, the officer can petition a second committee, which can then 
recommend detention for a maximum of 15 additional days. If the 
authorities are unable to present sufficient evidence after the 22 days 
provided, the prisoner is eligible for release, although judges have 
the authority to extend detention past 22 days upon receiving an 
arresting officer's petition citing factors such as the detainee's 
previous criminal record, the status of the investigation, the type of 
offense in question, and whether the detainee might pose a threat if 
released.

    e. Denial of Fair Public Trial.--On September 18, the Government 
established an interim Supreme Court. The five-member court, appointed 
by the former President, was independent from the executive. It hears 
appeals from the High Court and constitutional matters brought directly 
before it. The seven-member Judicial Services Commission (JSC) 
appointed, dismissed, and examined the conduct of all judges and 
recommended candidates for judgeships to the President; the legislation 
setting up the commission permits the body to accept or veto 
Presidential appointments to judgeships. Since it was founded on 
September 5, the JSC has not publicized deliberations or made public 
recommendations on the hiring, dismissal, or discipline of any judges.
    There are three lower courts: one for civil matters, one for 
criminal cases, and one for family and juvenile cases. The High Court 
handles a wide range of cases, including politically sensitive ones. 
The President's judicial advisory council, led by the chief justice, 
reviews all appealed court rulings.

    Trial Procedures.--The law provides that an accused person be 
presumed innocent until proven guilty and that an accused person have 
the right to defend himself ``in accordance with Shari'a (Islamic 
law).'' The judiciary generally enforced these rights. During a trial 
the accused may call witnesses and has the right to be represented by a 
lawyer, although one is not appointed at public expense. Regulations 
rather than laws govern trial procedures. By tradition the prosecution 
collects all evidence and presents it to a judge, who has the 
discretion to choose what evidence he will share with the defense. 
Judges question the concerned parties and attempt to establish the 
facts of a case.
    Most trials were public and were conducted by judges and 
magistrates, some of whom were trained in Islamic, civil, or criminal 
law. There were no jury trials.
    Civil law was subordinate to Shari'a, which was applied in 
situations not covered by civil law, as well as in family matters such 
as divorce and adultery. Courts adjudicating matrimonial and criminal 
cases generally did not allow legal counsel in court because, according 
to a local interpretation of Shari'a, all answers and submissions 
should come directly from the parties involved. However, the High Court 
allows legal counsel in all cases, including those in which the right 
to counsel was denied in a lower court. Those convicted had the right 
to appeal. Under the country's Islamic practice, the testimony of two 
women equals that of one man in matters involving Shari'a, such as 
adultery, finance, and inheritance. In other cases the testimony of men 
and women was equivalent.

    Political Prisoners and Detainees.--The Government maintained that 
there were no political prisoners; however, the Maldivian Democratic 
Party, (MDP), international nongovernmental organizations (NGOs), and 
some foreign governments asserted that persons were held for political 
reasons. On October 28,the UK-based organization Prisoners of 
Conscience stated that there were 24 persons under arrest on political 
charges. The MDN maintained a list of 200 members of the former 
opposition who faced outstanding charges for terrorism, unlawful 
assembly, or defamation.
    President Nasheed, a former political prisoner, appointed a 
Presidential committee that met with prisoners in Maafushi on Nasheed's 
first full day in office. On November 26, the President appointed an 
eight-member national parole board.
    The Government dropped charges against and restored the passport of 
MDP member Ibrahim Hussein Zaki, who was arrested in 2006 and charged 
with ``inciting enmity against the lawful government.'' President 
Nasheed appointed Zaki to serve as the President's spokesman and senior 
advisor.

    Civil Judicial Procedures and Remedies.--A civil court addressed 
noncriminal cases. However, as with the criminal courts, the judiciary 
was subject to executive influence. There were no reported cases of 
individuals seeking redress for human rights violations through civil 
courts. No administrative remedies were available.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibited security officials from opening or 
reading wireless messages, letters, telegrams, or monitoring telephone 
conversations, ``except as expressly provided by law.'' In practice the 
Government generally respected privacy rights. Security forces may open 
the mail of private citizens and monitor telephone conversations if 
authorized to do so during a criminal investigation.
    Although the law provides that residential premises and dwellings 
should be inviolable, there was no legal requirement for search or 
arrest warrants. The AG or a commanding officer of the police must 
approve the search of private residences.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The new constitution guarantees 
freedom of expression and of the press. Prior to its ratification, the 
law provided for limited freedom of speech and of the press, which the 
Government at times utilized to limit these rights in practice. The law 
limits a citizen's right to freedom of expression in order to protect 
the ``basic tenets of Islam'' and prohibits inciting citizens against 
the Government.
    In October 2007 President Gayoom issued a decree banning ``words or 
actions likely to encourage extremism'' and promising ``action against 
anyone suspected of being a religious extremist'' in response to a 
September 2007 bombing in Male.
    Police occasionally harassed members of opposition political 
parties for criticizing the Government.
    There are almost 200 independent newspapers and periodicals; 
however, government ministers own several of the daily publications.
    During the year a private television and radio station began 
operations, and the Government television station transitioned to a 
more independent model. The Government did not interfere with the sale 
of satellite receivers. The Government radio and television stations 
presented reports drawn from foreign newscasts. The Government 
committed to permitting the functioning of independent radio stations 
in its Reform Roadmap. As a result a number of private radio stations 
began operating representing a variety of points of view.
    In January 2007 the Government revised its defamation regulations 
following a protest by journalists. Journalists, primarily opposition 
reporters, stated that they faced harassment during the year. In March 
authorities arrested Minivan Daily photographer Ibrahim Jauhuree on a 
drug charge that his colleagues alleged was politically motivated. In 
November the High Court ordered his release. On May 3, police broke up 
a World Press Freedom Day conference. The same day, police arrested 
journalist Aishath Aniya for an article that criticized the wearing of 
Islamic veils by women. She was released the same day.
    Although an amendment to the law decriminalized ``true account(s)'' 
of government actions by journalists, both journalists and publishers 
reported practicing some self-censorship. By year's end both print and 
electronic media were able to report largely unfettered by government 
censorship or interference.
    There were no legal prohibitions on the import of foreign 
publications except for those containing pornography or material 
otherwise deemed objectionable to Islamic values.

    Internet Freedom.--The Government generally did not interfere with 
the use of the Internet, which was widely available in the capital and 
increasingly present in outlying atolls.

    Academic Freedom and Cultural Events.--The law prohibited public 
statements contrary to government policy or to the Government's 
interpretation of Islam. In response to the law, there were credible 
reports that academics practiced self-censorship.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
in practice the Government imposed limits on this right.
    The Government permitted members of political parties, including 
those in the opposition, to hold public meetings and rallies with prior 
notification to the Government. The police banned night rallies. Some 
rallies and demonstrations passed without incident or with minimal 
arrests. Members of the opposition stated that their right to peaceful 
protest was restricted, while government officials countered that 
demonstrators gathered late at night and violated reasonable time, 
place, and manner restrictions on assembly. In July authorities 
arrested 13 demonstrators in Male during a rally criticizing the 
President for delays in the constitutional ratification process. 
Authorities released all of them within 24 hours.

    Freedom of Association.--The law provided for freedom of 
association; however, the Government imposed some limits on freedom of 
association in practice. The Government registered clubs and other 
private associations only if they did not contravene Islamic or civil 
law.
    In July 2007 Zaheena Rasheed won her case against the Government 
for wrongful dismissal. A civil court judge ordered the atolls ministry 
to pay 16,000 rufiyas ($1,270) in compensation for lost earnings. 
Rasheed was fired three days after she was seen at an MDP rally in 
November 2006.

    c. Freedom of Religion.--The law did not provide for freedom of 
religion and significantly restricted it. The constitution designates 
Sunni Islam as the official state religion, and the Government 
interpreted the provision as imposing a requirement that citizens be 
Muslims. The law prohibits the practice of any religion other than 
Islamand generally confers citizenship exclusively on Muslims. The 
Government allowed non-Muslim foreign residents to practice their 
religion only if they did so privately and did not encourage citizens 
to participate. The President, members of the people's majlis, and 
cabinet members were required to be Muslim.
    There were no places of worship for adherents of other religions. 
The Government prohibited the import of icons and religious statues, 
but it generally permitted the import of religious literature, such as 
Bibles, for personal use. It also prohibited non-Muslim clergy and 
missionaries from proselytizing and conducting public worship services. 
Conversion of a Muslim to another faith was a violation of the 
Government's interpretation of Shari'a and may result in punishment, 
including the loss of the convert's citizenship; however, there were no 
known cases of such loss of citizenship.
    Through the Supreme Council of Islamic Affairs, the Government 
mandated Islamic instruction in schools, funded the salaries of 
religious instructors, and certified imams, who were responsible for 
presenting government-approved sermons. No one may publicly discuss 
Islam unless invited to do so by the Government, and imams could not 
prepare sermons.

    Societal Abuses and Discrimination.--There were some reports of 
discrimination against various Islamic subgroups.
    In June 2007 police raided a mosque using batons against the 
congregation. The police suspected the worshipers to be followers of 
Wahhabi Islam.
    In October 2007 authorities raided an ``illegal mosque'' on 
Himandhoo Island in connection with the investigation of the September 
2007 Sultan Park terrorist bombing. Police arrested 63 individuals they 
defined as ``religious radicals'' but subsequently released 27 of them. 
In December 2007 the Government charged six of the detainees with using 
violence in an unlawful assembly in August 2006. These six were part of 
a group of 10 whom police previously arrested, charged, and then 
released in relation to the August 2006 incident. In April a court 
sentenced three of them to six months in jail.
    There were no known Jewish citizens, 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.

    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. Employers often housed foreign workers at their worksites. 
The use of banishment to a remote atoll as a punishment was less 
common.

    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 or asylees. The Government has cooperated in the past with the 
Office of the UN High Commissioner for Refugees; however, asylum issues 
did not arise 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

    Elections and Political Participation.--On August 7, President 
Gayoom ratified a new constitution that set in motion multiparty 
Presidential elections. On September 5, the Government established an 
independent elections commission to oversee voting for the Presidential 
election, the first round of which occurred on October 8. The 
constitution lowered the voting age from 21 years to 18 years to 
encourage greater participation. There were more than 400 polling 
stations across the country and in some locations abroad. Six 
candidates competed in the first election held October 8. The then 
President Gayoom and opposition leader Mohamed Nasheed competed in the 
second round of voting, required because no candidate had received 50 
percent in the first round. On October 28, Mohamed Nasheed won the 
runoff election, receiving 53.65 percent of the vote.
    The NGO Transparency Maldives monitored the run-off election and 
reported that polling officials were impartial and that election 
procedures were followed more closely than in the first round of voting 
on October 8. Despite these positive reports, observers reported 
registration problems. During the campaign each candidate competed 
without government interference. In the first round of elections, the 
Election Commission Complaints Bureau received 1,109 complaints, most 
of which were related to registration problems. Four of these cases 
were submitted to the prosecutor general. The election commission 
reported some electoralirregularities including problems with voter 
lists, identification cards, and indelible ink.
    The newly adopted constitution stipulates that parliamentary and 
local elections should be held by February 2009.
    By both law and custom, the Office of the President is the most 
powerful political institution, and the law designates the President as 
the ``supreme authority to propagate the tenets'' of Islam. However, 
the new constitution greatly enhances the power of the majlis, or 
parliament, relative to the President.
    The President's mandate to appoint eight of the 50 members of the 
current legislature provided him strong political leverage. The members 
of the legislature, who must be Muslims, serve five-year terms. 
Individuals or groups were free to approach members of the legislature 
with grievances or opinions on proposed legislation, and any member of 
the legislature may introduce legislation.
    A limited number of women held prominent positions in government. 
The attorney general, the minister of health and family, the deputy 
minister of education, and six members of parliament are female.

    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. An anticorruption board investigated 
allegations of corruption in the Government. The board met regularly 
and referred cases, usually concerning monetary fraud, to the AG. The 
Prevention of Corruption Act addresses bribery and abuse of power. 
According to the Anticorruption Board, during the year 10 corruption 
cases were referred to the AG for prosecution,26 cases were filed 
against government offices in Male, and 62 were filed in the atolls. 
These cases were under investigation at year's end.
    There are no laws that provide for access to government 
information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were few independent local human rights groups, including 
Hama Jamiyya and Transparency Maldives. In 2006 the Foreign Minister 
and AG established an NGO called the Open Society Association; during 
the year authorities officially registered an NGO called the Maldivian 
Detainee Network.
    NGOs reported that they exercised self-censorship.
    The HRCM was fully functional, with Ahmed Saleem serving as 
President.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for the equality of all citizens, but there is no 
specific provision to prohibit discrimination based on race, sex, 
religion, disability, or social status. Women traditionally were 
disadvantaged, particularly in the application of Shari'a in matters 
such as divorce, education, inheritance, and testimony in legal 
proceedings.

    Women.--There are no laws in force regarding domestic violence 
against women, nor was there firm data on the extent of violence 
against women, although a 2005 HRCM survey indicated that many citizens 
believed men should be permitted to hit their wives under some 
circumstances. During the year authorities received reports of seven 
incidents of physical violence against women and seven incidents of 
sexual violence against women.
    A 2006 NGO report concerning the UN Convention on the Elimination 
of Discrimination Against Women stated that many women reported sexual 
harassment in public places and at their places of employment. There 
were no specific laws covering sexual harassment or spousal rape. 
Police reported that they received few complaints of assaults against 
women. The law gives judges the right to detain sex offenders, but 
courts did not consistently enforce some elements that protect 
children. However, recent changes to the section on conduct of court 
proceedings dealing with sex offenses include guidelines for stricter 
sentencing of offenders, who will face jail terms rather than 
banishment.
    The Gender and Family Ministry's 2006 study on women's health and 
life experiences noted that one in three women between the ages of 15 
and 49 reported some form of physical or sexual violence at least once 
in their lives. One in five women between the ages of 15 and 49 
reported physical or sexual violence by a partner, and one in nine 
reported experiencing severe violence. One in six women in Male and one 
in eight countrywide reported experiencing childhood sexual abuse under 
the age of 15. Of those women between the ages of 15 and 49 who had 
ever been pregnant, 6 percent reported being physically or sexually 
abused during pregnancy.
    In cases of harassment involving physical assault, violators can be 
prosecuted under the laws on ``indecent assault.'' Although women 
traditionally played a subordinate role in society, they participated 
in public life. Women constituted approximately 40 percent of 
government employees. The literacy rate for women was approximately 98 
percent. In July 2007 the Government appointed the first female judges. 
The minimum age of marriage for women was 18 years, but marriages at an 
earlier age were common.
    Under Islamic practice husbands may divorce their wives more easily 
than vice versa, absent mutual agreement to divorce. Shari'a also 
governs estate inheritance, granting male heirs twice the share of 
female heirs. Women who worked for wages received pay equal to that of 
men in the same positions.
    Prostitution was illegal but occurred on a small scale. On 
September 2, police arrested numerous persons operating a prostitution 
ring in a Male apartment.

    Children.--The law sought to protect children from physical and 
psychological abuse, including at the hands of teachers or parents. The 
Ministry of Gender and Family Ministry has had the authority to enforce 
the law and received strong popular support. The ministry reported 
child abuse, including sexual abuse. Penalties for the sexual abuse of 
children range from as much as three years' imprisonment to banishment 
to a remote atoll.
    Education is not compulsory, but there was universal access to free 
primary education. In many instances, parents curtailed education for 
girls after the seventh grade by not allowing them to leave their home 
island for another island with a secondary school.
    Government policy provides for equal access to educational and 
health programs for both male and female children.
    In January the High Court increased the sentence of four men who 
used an ax to enter a 12-year-old girl's bedroom and rape her in 2007. 
They were initially sentenced to eight months' exile from their island, 
Kurendhoo, for sex outside marriage; the High Court increased the 
banishment to two years and added fifteen lashes for each offender. 
However, even the stiffer sentence contradicted a government commitment 
in May 2007 that child sex offenders would be imprisoned rather than 
banished.
    On May 24, authorities in Madaveli arrested two Bangladeshi 
nationals for molesting young boys between the ages of eight and 14.
    On August 31, police arrested six teenage boys who raped a 14-year-
old girl on Holhudhoo. They released the names of the two accused over 
age 18. The victim's family and children's protection advocates 
complained that the perpetrators were released on the island and were 
harassing and threatening the girl and her family.
    In May 2007 on Goidhoo Island, Baa Atoll, five girls accused Imam 
Ali Rasheed of molesting them after Koran recitation classes. The 
mothers of three of the victims reported the abuse to the police, and 
Rasheed was arrested. The Supreme Council of Islamic Affairs banned 
Rasheed from preaching at the Goidhoo mosque. Rasheed remained under 
investigation following his release. The Gender and Family Ministry 
wrote to the AG and the police that anyone accused of such abuse should 
be kept in custody pending investigation.
    In August 2007 on Villingilli, a commuter island near Male, three 
men tied a 15-year-old girl to a tree and sexually assaulted her. A 
mobile phone video was later released showing the attack. The police 
arrested the three men after receiving the video. The case was under 
investigation at year's end.

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

    Persons With Disabilities.--No law specifically addresses the 
rights of persons with physical or mental disabilities. Government 
programs provided services for persons with disabilities, including 
special educational programs for persons with hearing and vision 
disabilities. The Government also established disability awareness and 
empowerment campaigns on some of the more populous islands. The 
Government integrated students with physical disabilities into 
mainstream educational programs. Families usually cared for persons 
with disabilities; when family care was unavailable, persons with 
disabilities lived in the Ministry of Gender and Family's Institute for 
Needy People, which also assisted elderly persons. When requested the 
Government provided free medication for all persons with mental 
disabilities on the islands, but follow-up care was infrequent.

    Other Societal Abuses and Discrimination.--The law prohibits 
homosexuality, and citizens did not generally accept homosexuality. The 
punishment for men includes banishment for nine months to one year or 
whipping 10 to 30 times. For women the punishment is house arrest for 
nine months to one year.
    There were no reports of official or societal discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The constitution recognizes the right 
to form associations, a right also conferred by the Associations Act of 
2003. In May the President signed into effect a new Employment Act, 
which took effect in August. Parliament amended the law in October to 
include employees in the resort sector. The new legislation permits the 
formation of labor unions for the first time. At year's end no labor 
unions existed, but collective bargaining involving employees' 
associations primarily in the tourism sector began within days of the 
new law taking effect.

    b. The Right to Organize and Bargain Collectively.--The 
constitution recognizes a worker's right to form trade unions and 
strike. The constitution and the 2008 Employment Act do not address 
workers' rights to bargain collectively.
    Traditionally, wages in the private sector were set by contract 
between employers and employees and were based on rates for similar 
work in the public sector.
    Problems arose in some resorts when employees' associations 
petitioned for wage increases and improvements in the conditions of 
work. When one resort operator refused to meet the demands and fired 
the leaders of the employees' association, employees went on strike. In 
one instance, police used force to remove the fired workers.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Employment Act sets 16 as the minimum age for employment, with an 
exception for children who voluntarily participate in family 
businesses. Guidelines prohibit government employment of children under 
18 and employment of children in any hazardous jobs such as 
construction, carpentry, welding, and driving.
    Child labor was a problem in fishing, small commercial activities, 
and family enterprises. The Child Protection Unit of the Ministry of 
Health and Family was responsible for monitoring compliance with the 
law. The Ministry of Health and Family, the Ministry of Human 
Resources, Youth and Sports, and the Family and Child Protection Unit 
of Maldives Police Service received complaints of child labor, 
conducted inquiries, and initiated legal action when necessary.

    e. Acceptable Conditions of Work.--The Employment Act of 2008 
establishes maximum hours of work, overtime, annual and sick leave, 
maternity leave, and guidelines for work place safety. The act also 
provides a mechanism to establish a minimum wage in the private sector. 
The minimum wage in the Government sector was approximately 2,600 
rufiya ($206) per month, which was adequate for a decent standard of 
living. Because of the tight labor market, private sector employers 
generally offered competitive pay and conditions to attract skilled 
workers.
    The Employment Act establishes a Pay Advisory Board consisting of 
representatives from government and industry. The Employment Tribunal 
and the Labor Relations Authority stipulated in the new law were not 
been formed to adjudicate disputes. The Pay Advisory Board advises the 
minister of human resources, youth, and employment on setting minimum 
wages in the private sector.
    The Employment Act creates a 48-hour/week cap on work with a 
compulsory 24-hour break if employees work six days consecutively. 
Overtime is possible; for example, employees in tourist resorts may 
work an additional two hours per day paid at overtime rates. The public 
sector provides a seven-hour day, five-day work week.
    Under the Employment Act, workers have the right to refuse work 
that is dangerous. Regulatory requirements in certain industries, such 
as construction and transport, require employers to provide a safe 
working environment and ensure the observance of safety measures. The 
Employment Act grants workers the right to compensation if fired 
without cause.
    Late in the year, the Government established a Labor Relations 
Authority to implement the new Employment Law. The Employment Tribunal, 
as stipulated in under the new law, had not been formed by year's end. 
The new law also requires the Ministry of Human Resources to issue 
specific rules for employment of immigrant labor by February 2009. The 
act specifically bans discrimination based on race or color but notes 
that ``any preference given to Maldivians by an employer in granting 
employment shall not be deemed discrimination.''
    The Employment Act does not cover emergency workers, air and sea 
crews, executive staff of any company, and persons on on-call duty.

                               __________

                                 NEPAL

    Nepal, a country of approximately 29 million, is in the process of 
transitioning to a federal democratic republic. On April 10, the 
Communist Party of Nepal-Maoist (CPN-M or Maoists) won a plurality of 
seats in constituent assembly (CA) elections. Both domestic and 
international observers accepted the election results as credible, 
although there were reports of political violence, intimidation, and 
voting irregularities. The CA fulfills a dual role of drafting a new 
constitution and serving as a legislature. Prime Minister Pushpa Kamal 
Dahal of the CPN-M heads a multiparty coalition government formed 
August 31 that succeeded a 16-month-old interim coalition government, 
led by the Nepali Congress Party. Soon after being sworn in on May 27, 
the CA abolished the monarchy and proclaimed the country a federal 
democratic republic. Subsequent amendments to the interim constitution 
provided for a President and vice President. On July 23, Ram Baran 
Yadav and Pramananda Jha took their oaths of office as President and 
vice President, respectively. While civilian authorities generally 
maintained effective control of the security forces, there were 
frequent instances in which elements of the security forces acted 
independently.
    Members of the security forces committed some human rights abuses 
during the year, and the Maoists, the Maoist-affiliated Young Communist 
League (YCL), and members of other small, often ethnically based armed 
groups committed numerous grave human rights abuses. Members of the 
Nepal Army (NA) were confined to their barracks in accordance with the 
Comprehensive Peace Agreement (CPA) of 2006. Members of the Nepal 
Police (NP) and Armed Police Force (APF) occasionally used excessive 
and lethal force in response to continued demonstrations throughout the 
country. Maoists frequently employed arbitrary and unlawful use of 
lethal force, including torture and abduction. Violence, extortion, and 
intimidation continued throughout the year. Numerous armed groups, 
largely in the Terai region in the lowland area near the Indian border, 
engaged in attacks against various entities, including civilians, 
government officials, members of particular ethnic groups, each other, 
or Maoists. Impunity for human rights violators, threats against the 
media, arbitrary arrest, and lengthy pretrial detention were serious 
problems. The Government also compromised the independence of the 
judiciary, and society continued to discriminate against persons with 
disabilities and lower castes. Violence against women and trafficking 
in persons, mainly women and girls, 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 numerous 
reports that the Government or its agents committed arbitrary or 
unlawful killings. At year's end a local nongovernmental organization 
(NGO), Informal Sector Service Center (INSEC), reported 265 persons 
killed. According to INSEC, security forces killed at least 36 
individuals, the Maoist party and its affiliate the YCL was believed to 
have killed four persons, and more than half of the total number of 
persons INSEC reported killed could not be linked to a specific group, 
or the families and reporters were afraid to name the group. The NA was 
confined to its barracks as a result of the CPA; there were no 
allegations of human rights abuses filed against the army during the 
year.
    During recurrent unrest in the Terai region in January and 
especially the last two weeks of February, authorities often used 
unwarranted and at times lethal force. According to a report by the UN 
Office of the High Commissioner for Human Rights (OHCHR), authorities 
killed six persons during protests in Nepalgunj and the districts of 
Siraha, Saptari, Nawalparasi, and Sunsari. Five male civilians died as 
a result of police fire, and one man died from injuries sustained when 
police hit him with heavy clubs called lathis.
    On April 27, according to Human Rights Watch (HRW), the armed wing 
of the CPN-M abducted, tortured, and killed businessman Ram Hari 
Shrestha in the Shakti Khor barracks in Chitwan District. The CPN-M 
wing acknowledged its involvement in the killing, accusing Shrestha of 
theft. The Government did not take any action to investigate the case.
    On November 21, an attack in Gaur, Rauthat District, killed nine-
year-old Dawal Rai Yadav and seriously injured four others when a 
socket bomb exploded near the stage set up for a cultural program. No 
group claimed responsibility for the attack, and no further action had 
been taken at year's end.
    On December 2, activists of Madhesh Rastriya Janatantrik Party 
(MRJP), an underground Terai group, burned one person to death and 
injured five others when the group set a bus on fire in Saptari 
District. A group of approximately a dozen MRJP cadres intercepted the 
Kathmandu-bound bus at Birendra Bazaar along the East-West Highway, 
claiming that the bus was defying the MRJP's general strike. According 
to eyewitnesses and the police, the armed men set the bus on fire 
without letting passengers get off and looted 500,000 rupees 
(approximately $6,500) in cash and valuables from passengers. One 
passenger burned to death, while 39 others managed to escape.
    In September families of the 26 individuals killed in March 2007 
during simultaneous but competing political rallies of the CPN-M and 
the Madhesi People's Rights Forum (MPRF) in Gaur, Rautahat, began to 
receive promised government compensation.
    Authorities arrested and later released two individuals for the 
June 2007 killings of Binod Pant and Sheshmani Lamichhane.
    An independent committee appointed to investigate the September 
2007 killing of Moid Khan submitted its report to the Government. The 
report was not made public, and no further action had been taken at 
year's end.
    The Government declared Umesh Chandra Thapa, Rishiram Kumal, 
Bhimsen Dahal, Tulasi Chetri, and Bishnu Pandey, killed in 2006, as 
martyrs, but no further action was taken.
    The NA reported that it formed an army court to investigate the 
2005 killing of Devendra Rai. The court found Lieutenant Bhisma Rawal 
guilty, imprisoned him for 45 days, and demoted him to second 
lieutenant. The commander of the army post was imprisoned for one month 
and barred from promotion for five years. The warrant officer was 
imprisoned for one month and barred from promotion for four years.
    During the year there were reports of five injuries from NA-planted 
landmines protecting military installations and infrastructure. 
Improvised explosive devices (IEDs) and explosive remnants of war 
abandoned or stored by the Maoists continued to kill and injure 
civilians. In July the United Nations Mission in Nepal (UNMIN) Mine 
Action Unit concluded the destruction of all IEDs near Maoist Army 
cantonment sites, in accordance with the CPA. UNMIN destroyed more than 
14,000 IEDs across nine different locations and cleared five of the 53 
antipersonnel minefields and 25 of the 312 IED fields laid by the NA. 
The CPA and the December 2006 agreement on Monitoring of the Management 
of Arms and Armies called for all landmines to be identified and 
located within 30 days and removed completely within 60 days. All 
available minefield records were provided to the UN Mine Action Unit. 
At year's end 67 casualties, including 41 children, were reported (63 
of which were severely injured and four were killed). IEDs accounted 
for 63 casualties, and landmines were the source of four casualties.

    b. Disappearance.--The fate of many of those who disappeared during 
the 10-year Maoist insurgency was unknown. According to National Human 
Rights Commission (NHRC) estimates, there were 970 unresolved cases of 
disappearances at year's end (671 by the state and 299 by the Maoists). 
INSEC reported 933 unresolved cases (828 by the state and 105 by the 
Maoists). At year's end the Government had not prosecuted any 
government officials or Maoists for their involvement in disappearances 
or revealed the whereabouts of the 671 persons identified by the NHRC 
in 2008 as disappeared by the state.
    The Government did not take steps to respond to the 2006 report by 
OHCHR on the status of 49 disappeared persons whom the NA's Bhairabnath 
Battalion arrested and detained at the Maharajgunj barracks in 
Kathmandu in 2003 on suspicion of being linked to the Maoists. In 2007 
an NA Investigation Task Force forwarded information on 12 of the 
disappeared to the Ministry of Defense and the Interim Parliament, and 
according to the Ministry of Defense, the information was made public. 
The NA reported it received no further instructions from the Government 
regarding the issue.
    On December 17, the NHRC released a report announcing that the 
laboratory tests of DNA samples collected in December 2007 from a 
suspected mass grave site of victims disappeared by the Bhairabnath 
Battalion confirmed the remains of one male human. The investigation to 
identify these remains was ongoing at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although torture is prohibited in the Interim Constitution 
of 2007, the law does not clearly criminalize torture. The Torture 
Compensation Act (TCA) provides for compensation to victims of torture; 
however, the victim must file a complaint and pursue the case through 
the courts, while alleged perpetrators are defended by the Attorney 
General's Department.
    The Center for Victims of Torture, Advocacy Forum-Nepal (AF), and 
OHCHR reported that security forces commonly blindfolded detainees and 
beat the soles of their feet, as well as kicked and beat detainees with 
plastic poles or bamboo sticks. Detainees tortured during the armed 
conflict also reported that perpetrators walked on their chest and 
abdomen, cut their skin with razor blades, kicked them in the groin, 
poured water into their nostrils, whipped and beat them, threatened 
that their family members would be raped and killed, slapped them on 
the head and face, made them jump up and down repeatedly, required them 
to eat food mixed with grains of glass, and forced them to drink human 
urine. Of the 3,731 detainees interviewed during the year by AF in 15 
districts around the country, 1,228 claimed they were tortured. 
Citizens were afraid to bring cases against the police for fear of 
reprisals.
    According to a November HRW report, there were more than 200 cases 
during the year of torture or abuse in police custody of boys and girls 
as young as 13 years, mostly during interrogations. HRW reported that 
children were allegedly kicked, hit in the body with fists, had metal 
nails inserted under their toenails, and were hit on the soles of the 
feet, thighs, upper arms, backs of hands, and the back with bamboo 
sticks and plastic pipes. A local child rights NGO, Child Workers in 
Nepal, registered 37 cases of abuse of children in police custody 
during the year.
    On September 9, according to Amnesty International, police detained 
and allegedly tortured Sumitra Khaws at Belbari Police Station in 
Morang District. Police allegedly tortured Khaws for at least two hours 
on September 10 and tried to make her sign a confession to the murder 
of her husband, a charge she denied. During the interrogation the 
officer in charge of the station, along with a female and a male 
officer, allegedly beat Khaws repeatedly with the inner tube from a car 
tire and punched her. The officer in charge threatened to give her 
electric shocks and put poisonous lizards inside her clothes, and 
ordered her to strip naked. Police initially allowed AF to visit Khaws 
at the police station but refused to allow further visits.
    On October 14, police arrested Chandra Kumar Yadav of Siraha 
District for the murder of Communist Party of Nepal-United Marxist 
Leninist (CPN-UML) cadre Utim Lal Mahato. Police claimed that they 
brought Yadav to the district hospital for treatment. When Yadav failed 
to receive sufficient treatment there, police attempted to bring him to 
Janakpur for further treatment, but he died on the way. Yadav's family 
members alleged that Yadav died after being severely tortured while in 
custody inside the district police office at Siraha. The MPRF and other 
organizations staged demonstrations in Siraha to protest the killing. 
On October 23, police arrested Sub-Inspector Ram Bahadur Dhakal, Head 
Constable Hari Shankar Yadav, and Police Constable Surendra Prasad 
Chaudhari. At year's end the case was under investigation.
    On January 13, an APF constable allegedly raped a 16-year-old girl 
from Nawalparasi District. The accused claimed that he and the victim 
had a consensual affair, but the family did not approve of the 
relationship; due to the girl's age authorities filed charges. The Home 
Ministry approved a compensation payment of approximately 490,000 
rupees (approximately $7,000).
    The NA appointed two officers to investigate the 2007 rape 
allegation by a sixth-grade student in Siraha District against army 
personnel at Ranasingh Barracks in Lahan. After visiting the barracks 
and meeting with local officials, the officers concluded that no rape 
had taken place.
    According to the AF, district court authorities investigated the 
case against three policemen and one civilian for allegedly raping a 
14-year-old girl in Kanchanpur District in 2007. At year's end the 
three policemen were in custody, but the civilian was at large. After 
receiving medical treatment in Kathmandu, the girl returned home to 
Kanchanpur but continued psychological counseling.
    The OHCHR presented no cases of alleged torture or other human 
rights violations against the NA.
    During the year Maoists committed 141 acts of torture, according to 
AF. The Government failed to conduct thorough and independent 
investigations of reports of security force or Maoist/YCL brutality and 
generally did not take significant disciplinary action against those 
involved.
    In August the OHCHR confirmed that the YCL had operated for several 
months so-called rehabilitation centers where YCL cadres detained, 
tortured, and forced alleged current and recovering drug users to 
donate to the YCL. The YCL abuse, meant to cure victims of their drug 
habits, included severe beatings, inserting syringes under fingernails, 
binding limbs, hanging victims upside down, and shaming with nudity and 
verbal assaults. The OHCHR received no further reports about the 
centers.
    There were no further developments regarding the January 2007 case 
in which authorities arrested Puradi Prasad Pandey, a resident of 
Kalikot District, for speaking publicly about being tortured by police 
during his previous two arrests in 2006 and receiving numerous official 
death threats.
    There were no developments regarding the June 2007 case in which a 
bus driver detained Saroj Kumar Chaudhary, a 15-year-old student, after 
other local children threw stones at the bus. The boy was released the 
next day without charge.
    There were no developments regarding the 2006 case in which the NA 
arrested, abused, and killed six individuals, including Berendra Thapa 
and Wakil Shahi, two suspected Maoists.
    During the year the NHRC made recommendations to the Government on 
73 complaints of human rights abuses, including killings, compared with 
147 complaints in 2007. Between September 2007 and April the NHRC 
recommended punishment for alleged perpetrators of human rights abuses 
in 30 cases and compensation be paid to victims in 32 cases. At year's 
end none of these recommendations had been implemented.
    During the year AF filed five new cases, covering six individuals, 
under the TCA. At year's end AF reported compensation awarded in 11 
cases, four were withdrawn, 24 were ongoing, and 25 cases were 
dismissed.
    According to an OHCHR report, the NP and APF occasionally responded 
to provocations and protests with excessive and lethal force. For 
example, on February 17, during a violent rally in Nepalgunj, Banke 
District, the APF entered side streets, systematically forced their way 
into residences, and indiscriminately attacked men, women, and young 
children. The OHCHR observed three residents with serious head injuries 
and five persons with signs of lathi injuries, including bruises on the 
back and hip.
    On February 20, in Jaispur, Banke District, following violence at a 
rally, a group of approximately 25 APF personnel reportedly fired at 
least five rounds of tear gas, as well as live ammunition. According to 
the OHCHR, the APF entered houses, damaged household goods, and stole 
some items, including money. The APF shot a 60-year-old woman in the 
hip after she tried to stop the officers from looting money. Her 
husband sustained a head injury, and several other locals reportedly 
were injured from being hit with lathis.

    Prison and Detention Center Conditions.--Prison conditions were 
extremely poor and did not meet international standards. According to 
the director general of the Department of Prisons, 8,401 prisoners 
remained in jail at year's end.
    Due to a lack of adequate juvenile detention facilities, children 
sometimes were incarcerated with adults or were allowed to remain in 
jails with their incarcerated parents due to lack of other available 
options.
    The Government generally permitted the NHRC and OHCHR to make 
unannounced visits to prisons and detainees in army and police custody. 
However, in some instances the police tried to hide detainees or kept 
NHRC and OHCHR staff waiting for hours before permitting them access. 
In September authorities denied the OHCHR and AF access to a woman who 
was allegedly beaten severely in police custody in Belbari, Morang 
District. The police refused to transfer the woman to the district 
police office, where there was a cell for women.
    Although the NHRC is authorized to request government action, 
including the provision of compensation, the Government often denied 
the NHRC the right to intervene.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but arbitrary arrest occurred during the year.

    Role of the Police and Security Apparatus.--The CPA called on the 
NP and the APF to enforce law and order across the country. However, 
police stood aside during most incidents of violence, particularly 
events involving Maoists and occasionally armed groups in the Terai. 
According to police accounts, government officials instructed police 
not to intervene in the case of Maoist and Madhesi violence for fear of 
endangering the peace process and elections. There were multiple events 
during the year in which police detained Maoist and YCL cadres for 
illegal acts, only to have them freed by political leadership within 
the Home Ministry or after intervention by other political leaders.
    Both the police and NA have human rights cells to investigate cases 
of abuse; however, corruption and impunity remained problems. Police 
generally were unarmed and had the role of preventing and investigating 
nonterrorist criminal behavior.
    At the district level, police often operated without significant 
guidance from superiors, allowing vast discretion in the enforcement of 
laws. As in 2007, there were many reports of police abuse and bribery.
    On June 21, APF personnel in Banke District and on July 12 NP 
personnel, also in Banke District, mutinied over corruption and poor 
living conditions. Authorities arrested the leaders of the mutinies.

    Arrest and Detention.--The law stipulates that, except in cases 
involving suspected security and narcotics violations, the authorities 
must obtain a warrant for arrest, arraign or release a suspect within 
24 hours of arrest, and file a case in court within seven days of 
arrest; however, security forces regularly violated these provisions.
    If the court upholds a detention, the law authorizes the police to 
hold the suspect for 25 days to complete an investigation, with a 
possible extension of seven days. However, security forces occasionally 
held prisoners longer. In some cases the Supreme Court ordered the 
release of detainees held longer than 24 hours without a court 
appearance. Some foreigners, including refugees, reported difficulty in 
obtaining bail.
    Detainees have the legal right to receive visits by family members, 
and they are permitted access to lawyers once authorities file charges. 
In practice the police granted access to prisoners on a basis that 
varied from prison to prison. There is a system of bail, but bonds were 
too expensive for most citizens. Pretrial detention often exceeded the 
period to which persons subsequently were sentenced after a trial and 
conviction.
    Under the Public Security Act (PSA), security forces may detain 
persons who allegedly threatened domestic security and tranquility, 
amicable relations with other countries, or relations between citizens 
of different classes or religions. The Government may detain persons in 
preventive detention for up to six months without charging them with a 
crime. The detention period can be extended after submitting written 
notice to the Home Ministry. The security forces must notify the 
district court of the detention within 24 hours. The court may order an 
additional six months of detention before the Government must file 
official charges.
    In June authorities arrested under the PSA three Tibetan community 
leaders, two of whom were naturalized citizens. Three weeks later the 
Supreme Court ruled that the detention order failed to demonstrate an 
``immediate threat'' to sovereignty, territorial integrity, or public 
order, as is constitutionally required for the use of preventive 
detention. The Supreme Court also found that the detention order cited 
the incorrect section of the PSA. This ruling resulted in the Tibetans' 
immediate release.
    Other laws, including the Public Offenses Act, permit detention 
without charge. This act, and its many amendments, covers crimes such 
as disturbing the peace, vandalism, rioting, and fighting. Human rights 
monitors expressed concern that the act vests too much discretionary 
power in the chief district officer (CDO). Police arrested many 
citizens involved in public disturbances, rioting, and vandalism and 
detained them for short periods without charge.
    According to AF, in some cases detainees were brought before 
judicial authorities well after the legally mandated 24-hour timeline, 
allegedly to allow injuries from abuse to heal.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, but courts remained vulnerable to political 
pressure, bribery, and intimidation.
    The Supreme Court has the right to review the constitutionality of 
legislation passed by parliament. Appellate and district courts were 
increasingly independent, although occasionally they remained 
susceptible to political pressures.
    The judicial system consists of three levels: district courts, 
appellate courts, and the Supreme Court. The Constitutional Council, 
chaired by the prime minister, nominates the chief justice of the 
Supreme Court. After an advisory hearing before the Parliamentary 
Special Hearing Committee, the President may then appoint the new chief 
justice. After advisory hearings the chief justice, on recommendation 
of the Judicial Council, appoints other Supreme Court justices. The 
council also is responsible for the assignment of judges, disciplinary 
action, and other administrative matters. A special court hears cases 
related to narcotics trafficking, trafficking in persons (mainly women 
and girls), crimes against the state, corruption, and crimes related to 
foreign currency.
    Delays in the administration of justice were a severe problem. As 
of July 15, the Supreme Court reported a backlog of 12,956 cases, the 
appellate courts had 9,722, and district courts had 34,317. There was 
no indication that this backlog improved during the year.

    Trial Procedures.--While the law provides for the right to counsel, 
equal protection under the law, protection from double jeopardy, 
protection from retroactive application of the law, and public trials, 
these rights were not equally applied except in a few security and 
customs cases. Judges decide cases; there is no jury system. All lower 
court decisions, including acquittals, are subject to appeal. The 
Supreme Court is the court of last resort.
    The law provides detainees with the right to legal representation 
and a court-appointed lawyer, a government lawyer, or access to private 
attorneys; however, the Government provided legal counsel only upon 
request. Consequently, those persons unaware of their rights may be 
deprived of legal representation.
    Military courts adjudicate cases concerning military personnel 
under the military code, which provides military personnel the same 
basic rights as civilians. Military personnel are immune from 
prosecution in civilian courts, except in cases of homicide or rape 
involving a civilian. Military courts cannot try civilians for crimes, 
even crimes involving the military services; these cases are handled in 
civilian courts.
    The authorities may prosecute terrorism or treason cases under the 
Treason Act. Specially constituted tribunals hear these trials in 
closed sessions, but no such trials have occurred since 1991.
    Although the Maoists announced the dissolution of their parallel 
government structures and courts in January 2007, according to police 
and NGO reporting, they continued to function in some districts, 
particularly in rural areas. Even in areas where they no longer 
functioned, the Maoists often expected previous decisions and sentences 
to be carried out. These courts had no due process and handled both 
criminal and civil cases. According to the OHCHR, the people's courts 
did not provide minimum guarantees of due process and fair trial.

    Political Prisoners and Detainees.--There were no reported 
political prisoners or detainees held by the Government. However, in 
January INSEC reported that the CPN-M operated labor camps in Pyuthan, 
Salyan, and Jajarkot districts, as well as a People's Justice Committee 
in Kailali District. The NGO reportedly documented a total of 41 
persons in captivity in CPN-M labor camps: 22 in Rukum District, seven 
in Pyuthan District, and six each in Salyan and Jajarkot districts. The 
CPN-M in Salyan and Pyuthan districts expressed its concern that 
releasing the detainees would risk double punishment. The detainees 
were reportedly in CPN-M captivity for several years, convicted of 
serious crimes including murder, and some were nearing the end of their 
sentences. The OHCHR also monitored the ``People's Justice Committee'' 
in Kailali District.

    Civil Judicial Procedures and Remedies.--During the year there were 
no reported government abuses of civil procedures.

    Property Restitution.--The Maoists returned some previously seized 
property but kept most illegally seized lands and properties in their 
possession; they also seized additional properties.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Security forces could enter and search houses without 
warrants. Although illegal, the YCL in practice occasionally conducted 
forced searches of businesses, civilian homes, and property.
    At year's end four suspects remained in custody facing charges of 
murder and illegal use of explosives after allegedly conducting three 
bombings in September 2007. According to INSEC, the individuals had 
been arrested following illegal searches.
    Security personnel frequently conducted vehicle and body searches 
at roadblocks in many areas of the country.
    There were no reports of the Government forcing civilians to 
resettle. Some persons who had resettled to escape Maoist extortion, 
recruitment, or retaliation could not return home.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
There was significant internal conflict in the Terai. Numerous armed 
groups, many ethnically based, clashed with each other and with the 
local population. Police were given a limited mandate and were not 
actively encouraged to promote law and order throughout the country. 
Members of the Maoists, the Maoist-affiliated YCL, and various other 
ethnically based splinter groups in the Terai frequently committed acts 
of violence, extortion, and intimidation throughout the year.

    Killings.--INSEC reported that during the year armed groups killed 
265 civilians, whereas the OHCHR received reports of more than 40 
killings by state actors during the year.
    There were no developments in the October 2007 case in which cadres 
of the Janatantrik Terai Mukti Morcha-Goit faction (JTMM-G) shot and 
killed Ram Babu Sharma Neupane, secretary of Khutawa Parsauni Village 
Development Committee. Bara District coordinator of the JTMM-G, Birat 
claimed responsibility for the killing.

    Child Soldiers.--The CPA forbade the use of children under the age 
of 18 as soldiers in the armies of either side; however, the Maoists 
continued to recruit large numbers of children after signing this 
agreement. At year's end the 2,976 combatants verified by UNMIN to be 
under age 18 as of May 2006 had not been released from the cantonments.

    Other Conflict-Related Abuses.--Despite being a signatory to the 
CPA that ended the decade-long insurgency, Maoists continued to commit 
abuses during the year.
    Maoists regularly extorted money from businesses, workers, private 
citizens, and NGOs. When individuals or companies refused or were 
unable to pay, Maoist recrimination frequently was violent or implied 
the threat of violence.
    On January 27, CPN-M affiliated trade union workers in 
Sankhuwasabha began ``taxing'' passenger buses, trucks, and other 
vehicles. Maoists reportedly threatened to beat drivers who did not 
comply. The Government did not take any corrective action to 
investigate.
    According to the OHCHR, abuses by the YCL were conducted in a 
manner similar to those carried out earlier by other CPN-M cadres. They 
included abductions and ill-treatment in captivity, attacks on physical 
and mental integrity, and the violent disruption of political 
activities. They also included threats and violence against several 
government officials and property. Although the media reported that the 
YCL continued to commit tax extortion, at year's end the OHCHR had not 
received reports of such activities.
    On January 1, a group of five persons who identified themselves as 
members of the YCL forced their way into the house of journalist 
Devendra Gautam and stole cash and valuables worth an estimated 60,000 
rupees (approximately $860).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press.
    After consultation with the political parties, in the fall of 2007 
the Election Commission agreed upon an Election Code of Conduct for 
political parties and the media for the CA election. The code, which 
applied to both government and private media, was enforced beginning 
March 9 and stipulated that all media should report on the election in 
a professional manner. A media monitoring program, carried out by the 
Press Council Nepal, found that coverage remained largely compliant, 
with isolated instances of violation related to bias, prejudice, and 
balance.
    The independent media were active and expressed a wide variety of 
views. Hundreds of independent vernacular and English-language 
newspapers were available, representing various political viewpoints.
    The Broadcast Act allows private television and FM radio 
broadcasts. The Government owned two television stations, Nepal TV and 
Nepal TV Metro, and controlled one radio station that broadcast both 
shortwave AM and FM signals. There were more than 150 independent radio 
stations that reached more than 90 percent of the population. Radio 
remained the primary source of information for a majority of the 
population.
    Foreign publications were widely available, and none was banned or 
censored during the year. Foreign print media operating in and 
reporting on the country were allowed to operate freely.
    Press offices and journalists were subjected to deliberate and 
organized assaults primarily from agitating armed groups in the Terai, 
youth wings of political parties, security personnel, and others. The 
Government rarely took action to investigate the cases of violence 
against journalists. During the year two journalists were killed and 
police reportedly arrested nine.
    The Maoists opposed freedom of expression, and through intimidation 
and job actions by affiliated unions, attempted to restrict print and 
broadcast media. For example, in late May local CPN-M cadres attacked 
journalist Lucky Chaudhari over his reports about irregularities in a 
temple fund. According to the Federation of Nepalese Journalists (FNJ), 
local Maoists again attacked Chaudhari and another journalist 
accompanying him the following day when they tried to lodge a complaint 
at the Kailali District Administration Office (DAO) about the first 
attack. On May 28, local journalists staged a sit-in in front of the 
DAO demanding action against the offenders. During a confrontation with 
large numbers of Maoists staging a counter demonstration, the NP killed 
three villagers. Authorities imposed a curfew for three days after the 
incident, and journalists stopped going to their offices to avoid 
further confrontation with local Maoists and their supporters, 
resulting in the closing of nearly a dozen newspapers for more than a 
week.
    On June 13, Maoist cadres attacked a reporter and district chairman 
of FNJ in Kalikot District during a scuffle with representatives of 
other political parties. The journalist sustained injuries, and his 
camera was damaged. Maoist cadres threatened him if he reported the 
incident.
    On November 28, the remains of Jagat Prasad Joshi were found in a 
forest near Kailali District. Joshi, missing since October 8, was a 
journalist with the Maoist-affiliated daily Janadisha and President of 
the local chapter of the (Maoist) Revolutionary Journalists 
Association. At year's end the case was under investigation, but 
preliminary results indicated that Joshi was killed as a result of an 
internal Maoist-party dispute.
    On December 21, a group of 40 to 50 persons, led by the President 
of the Maoist affiliated All Nepal Hotel and Restaurant Workers' Union 
Ramesh Panta and the vice chairman of the Maoist affiliated All Nepal 
Communications, Printing, and Publication Workers' Union Ramesh KC, 
attacked the editors and staff of Himalmedia. The group injured at 
least 12 editors and employees and damaged their offices. The unions 
justified the attacks as part of a labor-management dispute rather than 
an attack on press freedom. However, the media community, lawmakers, 
civil society, various other professionals, and the international 
diplomatic community condemned the incident as an attack on press 
freedom.
    Subsequently, there was a series of incidents between the 
management and workers at other media houses. On December 24, members 
of a Maoist trade union staged a sit-in at the regional office of 
Kantipur Publications in Biratnagar in an effort to pressure the 
publication house to meet their labor-related demands. The sit-in 
stopped the printing of the publication's dailies Kantipur and The 
Kathmandu Post from its regional press in Biratnagar, and the 
newspapers were not delivered in most of the eastern part of the 
country until the union ended the protest on December 29. Maoist-
affiliated union members also threatened to shut down Kantipur's 
western regional office in Pokhara. Union leaders put up a sign board 
and flags, closing the reception area of The Himalayan Times offices in 
Kathmandu.
    Maoists threatened private FM radio stations to force them to 
broadcast Maoist propaganda, and the Maoists themselves operated both 
fixed site (in Kathmandu and Pokhara) and small, mobile FM radio 
stations.
    On May 30, while addressing an election victory celebration in 
Kathmandu, CPN-M leader Pushpa Kamal Dahal warned Kantipur Publications 
of ``serious consequences'' if it continued to criticize his party. In 
his statement Dahal said that the party would ``no longer tolerate 
criticism,'' given that it had been elected by the people.
    In late August an FM radio station in Bajura District closed down a 
news-based program and expelled its anchor due to CPN-M pressure. The 
local CPN-M leader reportedly was unhappy over news reported by the 
station about Prime Minister Dahal. However, the radio management cited 
internal reasons as the cause of the termination of the program and 
dismissal of the program host.
    The 49 journalists fired by government-owned Gorkhapatra 
Corporation in July 2007, reportedly on the basis of their political 
views, were not reinstated during the year.
    The Maoist-affiliated YCL inhibited freedom of the press through 
intimidation. For example, on August 2, a local YCL leader issued a 
death threat to Rajesh Jha, a correspondent of state-owned wire service 
Rastriya Samachar Samiti (National News Agency) and central member of 
Nepal Press Union, in Saptari District (eastern Terai). The threat 
followed a news report filed by Jha regarding misbehavior of YCL cadres 
that caused the death of Saptari District Education Officer Mohhammed 
Hasad Ali. The YCL leader later apologized for the threat.
    On August 30, a YCL cadre beat Siddharaj Rai, a journalist and 
member of Press Chautari Nepal, in Dhankuta District. Rai's head and 
hand were seriously injured.
    Members of Youth Force (YF), the youth wing of the CPN-UML, also at 
times engaged in attempts to control the media. On December 23, a group 
of YF members burned copies of a local daily newspaper (Ankush) in 
Birgunj, Parsa District. YF cadres, led by the district-in-charge, 
reportedly seized hundreds of copies of the daily from its office and 
set them on fire, complaining that a report in the daily falsely linked 
them to a fake currency racket.
    Members of other small ethnically based groups committed numerous 
acts of violence against journalists throughout the year. For example, 
on January 12, a man who identified himself as the local representative 
of the Janatantrik Tarai Mukti Morcha militia shot and killed Pushkar 
Bahadur Shrestha, editor of the local newspaper Highway Weekly, 
published in Birgunj. The man claimed that Shrestha was killed because 
he was a ``pahade'' journalist, meaning from the hill region and not 
the southern plains population.
    On August 7, activists of the MPRF (Bhagyanath Gupta faction) 
vandalized the office of Prateek daily in Birgunj, in southern Parsa 
District, claiming that the newspaper did not cover their activities. 
They smashed windows, broke furniture and a motorcycle, and damaged 
files and records.
    On August 14, Baba Khan of the armed group Tarai National 
Liberation Front (TNLF) in Dhanusha District threatened Madesh-based 
journalist and central member of the FNJ, Shital Sah, with physical 
violence. Sah had been working for the freedom of journalists and media 
houses in the Tarai. The TNLF cadres warned journalists to stop 
publishing and broadcasting news in the Nepali language. In response to 
the repeated threats over the telephone, the FNJ district chapter 
decided to boycott any news related to TNLF.
    Authorities and media representatives identified the alleged 
perpetrators of the October 2007 killing of journalist Birendra Shah, 
and the Maoist party admitted their cadres committed the act. However, 
the perpetrators were neither arrested by police nor publicly 
identified and disciplined by the Maoist party.
    At year's end the Government had not taken further corrective 
action to investigate the 2007 abductions of Prakash Singh Thakuri or 
Pappu Gurung.

    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.
    The country's media continued to report instances of abduction, 
extortion, and intimidation of school officials by Maoists outside the 
Kathmandu valley, although at a much lower level than in 2007.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of peaceful assembly and association; however, the 
Government sometimes restricted freedom of assembly.

    Freedom of Assembly.--The law provides for freedom of assembly, and 
it was generally respected for citizens and legal residents of the 
country. By law CDOs are authorized to impose curfews if there is a 
possibility that peace may be disturbed as a result of demonstrations 
or riots.
    The Tibetan community faced increased restrictions on holding 
public celebrations and demonstrations during the year, although the 
Government permitted some religious gatherings.
    The Government responded to numerous Tibetan political 
demonstrations held in locations where such protests were restricted by 
police order with mass arrests, specifically in front of Chinese 
diplomatic facilities. According to HRW and other NGOs, at near-daily 
illegal protests from March through September, the police beat 
protesters with lathis and used excessive force against protesters. 
According to HRW, police arrested approximately 8,350 Tibetans at 
demonstrations between March and July. In August a largely peaceful 
Tibetan demonstration in Boudha ended in numerous arrests. Generally, 
the protesters were detained for several hours and released without 
charge. In mid-September, however, authorities held overnight more than 
100 demonstrators whose legal presence in the country the Government 
challenged. The detained were later released into the custody of the 
Office of the UN High Commissioner for Refugees (UNHCR).
    On February 21, approximately 60 persons were injured in six Terai 
districts on the ninth day of the indefinite strike called by the 
United Democratic Madhesh Front. Authorities arrested more than 100 
persons, and 30 buses were vandalized during the strike. Authorities 
imposed curfews in several districts throughout the Terai region.
    On September 3, local officials imposed a curfew after three days 
of clashes between YCL cadres and the YF injured 14 persons in 
Dhankuta. The following day the two groups reached an understanding at 
a meeting held at the DAO.
    On September 15, local officials imposed a curfew along the East-
West highway in Siraha District to stop the clash between the MPRF 
cadres and Maoist cadres after then Land Reforms Minister Matrika Yadav 
seized a house belonging to Birendra Shah and land belonging to 75 
persons in Siraha District. The previous day the police evicted the 
Maoists from the property on the direction of Home Minister and Deputy 
Prime Minister Bamdev Gautam.
    On December 10, the NP detained members of the Maoist Victims 
Association who had planned to stage a protest in front of the NHRC to 
pressure the Government to facilitate the return of land and assets 
seized by the Maoists. Those detained were released the same day.

    Freedom of Association.--The law provides for freedom of 
association, and it was generally respected. In January, however, the 
long-running Bhota Welfare Society case concluded with a Supreme Court 
decision that upheld the revocation of the registration of the Bhota 
Welfare Society.

    c. Freedom of Religion.--The interim constitution declares the 
country a secular state, and the law provides for freedom to practice 
one's own religion; however, the law prohibits converting others and 
proselytizing. A conviction for conversion or proselytizing can result 
in fines or imprisonment, or in the case of foreigners, expulsion from 
the country, but there were no incidents of arrest for conversion or 
proselytizing during the year.
    Members of minority religions occasionally complained of police 
harassment. Authorities limited the location of and otherwise 
restricted many public celebrations by the Tibetan community, 
especially those with political overtones.
    The Press and Publications Act prohibited the publication of 
materials that created animosity among persons of different castes or 
religions.
    At year's end there were no arrests in the March 29 bombing of a 
mosque in Biratnagar, Morang District, in which at least two persons 
were killed and two others were injured.
    On July 19, a bomb exploded in Jyoti Church, a Protestant church 
affiliated with the Assembly of God, in Nepalgunj. The Terai Defense 
Army claimed responsibility and alleged the church was in favor of a 
secular state. There were no casualties.
    On October 4, an explosion injured at least six persons at a mosque 
during evening prayers in Hattimuda village in Morang District. 
Unidentified assailants threw a bomb into the mosque and fled. Most of 
the wounded individuals sustained shrapnel injuries. There were no 
immediate claims of responsibility for the attack. However, Muslim 
groups claimed the attack was an attempt to disturb communal and 
religious harmony. Nazrul Hassan, the President of Muslim Association 
of Nepal, stated, ``This is a deliberate attempt to disturb religious 
harmony.'' The association also condemned the attack and called on 
Muslims to exercise restraint.

    Societal Abuses and Discrimination.--Although prohibited by law, 
citizens practiced caste discrimination in a wide variety of religious, 
professional, government, and social environments, and such 
discrimination strongly influenced society.
    There are no known Jewish adherents 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, except for most refugees, whose freedom of movement within 
the country is legally limited. However, these constraints were 
sometimes not enforced. The Government generally cooperated with the 
UNHCR and other humanitarian organizations in providing protection and 
assistance to internally displaced persons, refugees, returning 
refugees, stateless persons, and other persons of concern.
    The Government eased restrictions on some refugees' right to travel 
outside of the country. More than 8,000 Bhutanese refugees from among 
approximately 108,000 living in seven camps in the eastern portion of 
the country received government exit permits and resettled in third 
countries. Tibetan refugees continued to experience barriers to 
movement within the country as well as difficulty obtaining 
documentation for foreign travel. Those Tibetans registered as refugees 
prior to 1990 were able to obtain travel documents with difficulty and 
substantial expense. Approximately 5,000 Tibetans who reached the age 
of 18 after 1989, however, had not been issued refugee identification 
cards and continued to be unable to obtain any form of personal 
identity documentation.
    Numerous political groups restricted freedom of movement within the 
country, including forcing transportation strikes, known locally as 
``bandhs,'' to bring attention to political issues. Maoist and YCL 
cadres called two bandhs, both prior to the election. Most bandhs were 
called by ethnic groups in the Terai.
    Bandhs were also called on February 13 by the Federal Democratic 
National Forum in the Limbuwan region and by the Federal Republican 
National Front, particularly its member organization, United Tharu 
National Front, in Bardiya, Dang, and Kailali districts in the western 
Terai. The bandhs caused an almost complete paralysis of the Terai 
region and the eastern hills, resulting in the burning of vehicles that 
were defying the bandh, as well as clashes between protesters and 
police.
    The law prohibits forced exile, and it was not used during the 
year. The Government allowed citizens to emigrate and those abroad to 
return and was not known to revoke citizenship for political reasons.

    Internally Displaced Persons (IDPs).--Although the Government and 
Maoists agreed to support the safe and dignified return of IDPs to 
their homes, the agreement was not implemented. Several UN agencies, 
including the UNHCR, OHCHR, and UN Development Program, continued 
working with the Government to develop an IDP policy that was 
consistent with international principles. The UNHCR estimated a 
population of between 50,000 and 70,000 IDPs in the country; however, 
Caritas estimated a population of approximately 200,000 IDPs in the 
country. The Government allowed several international organizations, 
such as the International Committee of the Red Cross, Caritas, and 
Action Aid Nepal, to initiate programs to assist IDPs. According to UN 
agencies and international NGOs, the main obstacles preventing most 
IDPs from returning continued to be fear of Maoist reprisal, refusal by 
local Maoist commanders to allow IDPs to return home, and conflict with 
those occupying the houses and lands of IDPs.

    Protection of Refugees.--The Government is not a signatory to the 
1951 UN Convention relating to the Status of Refugees or its 1967 
protocol, and the laws do not provide for the granting of asylum or 
refugee status. The Government, however, has in place ad hoc 
administrative policies that provide some protection for Bhutanese and 
Tibetan refugees.
    Since 1991 the Government has provided asylum to approximately 
108,000 persons who claimed Bhutanese citizenship. Almost all of these 
refugees lived in camps in the southeastern part of the country. The 
UNHCR administered the camps and monitored the condition of the 
refugees, and international organizations and NGOs provided for their 
basic needs, including education and healthcare. The Government 
continued to accept the refugees' presence on humanitarian grounds. 
Lutheran World Federation provided the infrastructure for the camps, 
and the World Food Program provided food assistance; the Association of 
Medical Doctors of Asia provided medical care, and Caritas provided 
education assistance and coordination. The Government officially 
restricted the refugees' freedom of movement and work, but those 
restrictions were largely unenforced.
    Security was a problem in the camps through most of the year, both 
due to criminal elements in the camps and residual, although gradually 
fading political disputes among the refugees over third-country 
resettlement. The security situation improved during the year, 
principally as a result of increased government attention to security 
in the camps. At year's end more than 8,000 Bhutanese refugees had been 
resettled to third countries.
    Between 1959 and 1989, the Government accepted approximately 20,000 
Tibetan refugees as residents. Since that time most Tibetans arriving 
in the country have transited to India. However, some remained or 
returned, although the exact number was not known.
    Following the March 10 protests and subsequent riots in the Tibet 
Autonomous Region and other Tibetan areas of China, the People's 
Republic of China closed the border with Nepal. From March to July 
almost no Tibetans were able to enter the country. By year's end, 
however, the situation appeared to ease slightly. Small but gradually 
increasing numbers of Tibetans began to arrive from Tibet beginning in 
August. There were credible reports by Tibetan refugees and 
international observers of increased harassment by Chinese border 
guards, and various reports indicated Chinese authorities often 
operated on the Nepali side of the border, with the knowledge and 
consent of Nepali border officials.
    Many of the Tibetans who lived in the country had irregular status. 
Those who arrived subsequent to 1990 had neither status nor 
documentation. Even those with acknowledged refugee status had no legal 
rights beyond the ability to remain in the country. Business ownership, 
licenses, and most legal transactions, including documentation of 
births, marriages, and deaths, must be accomplished through the 
auspices of an intermediary for a price. This made Tibetans especially 
vulnerable to those, primarily Maoists and YCL, who extorted money from 
business owners. Tibetans also reported abductions for extortion, 
violent attacks, and threats of violence.
    In practice the Government usually provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. However, there were numerous unconfirmed 
reports of Tibetans captured in the border area by Chinese border 
authorities and several unconfirmed reports of border officials handing 
over Tibetans to Chinese border authorities.
    On January 15, authorities arrested 19 Tibetan refugees near 
Namche. According to the UNHCR, officials threatened the refugees with 
forced repatriation but eventually released them near the Tibetan 
border and in close proximity to Chinese border officials. Although the 
individuals arrived safely at the Tibetan Refugee Reception Center, 
several of the refugees exhibited injuries consistent with being beaten 
and reported that the NP told them they would be shot if they made a 
subsequent attempt to reach Kathmandu.
    In mid-November authorities arrested three Pakistani refugees for 
illegal residency. The arrests violated the agreement between the UNHCR 
and the Government that no asylum seekers would be arrested or deported 
until the UNHCR and the Government had agreed on procedures to restart 
refugee determinations. After the UNHCR intervened on the refugees' 
behalf, two were released and the third was summarily sentenced to 10 
years in prison.
    The Government also allowed the UNHCR to provide limited services 
for the so-called urban refugees, asylum seekers from countries such as 
Somalia, Pakistan and Iraq, but objected to the UNHCR's mandated 
practice of making refugee status determinations. In March 2007, at the 
request of the Government, the UNHCR suspended refugee status 
determinations pending further discussions with the Government; the 
UNHCR was not permitted by the Government to resume refugee status 
determinations. Urban refugees were denied refugee status 
determinations and were assessed heavy fines for illegal residence in 
the country. Failure to pay these fines may result in prison sentences 
or detentions.

    Stateless Persons.--In 1995 the government-established Dhanapati 
Commission estimated that 3.4 million individuals in the country were 
de facto stateless. While the Government acknowledged that they were 
Nepalis, they were not holders of the citizenship certificate (issued 
to citizens at the age of 16) without which a considerable number of 
rights of citizenship cannot be enjoyed. As a result of the 2006 
Citizenship Act, between January and April 2007 the Ministry of Home 
Affairs distributed citizenship certificates to 2.6 million persons, 
but by the end of 2007 NGOs estimated that approximately 800,000 de 
facto stateless persons remained in the country.
    The lack of a governmental office on statelessness issues limited 
progress in providing citizenship certification to the remaining 
population of stateless persons.
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.--On April 10, citizens 
elected members for a CA to serve as both a legislature and 
constitution drafting body. Domestic and international observers 
accepted the election results as credible, although there were reports 
of political violence, intimidation, and voting irregularities. The 
most recent local elections, held in 2006, were not considered free and 
fair.
    The CA consists of 601 members, with 240 elected by a first-past-
the-post system, 335 by proportional representation, quotas for Dalits, 
oppressed caste/indigenous ethnic groups, Madhesis, women, and other 
underrepresented groups, and 26 nominated by the cabinet. CA members 
classified as oppressed or members of minority ethnic groups 
constituted 35 percent of the total, and 33 percent were women. The 
President and vice President belong to the historically disadvantaged 
Madhesi ethnic community.
    A domestic NGO, Democracy and Election Alliance Nepal (DEAN), 
reported 241 incidents of preelection violence, including the killing 
of two candidates during the campaign. According to DEAN, Maoists 
committed most, but not all, of the 30 killings and 81 abductions prior 
to the April elections. DEAN reported four persons killed, including 
one candidate, eight abducted, and 112 injured on election day. 
Numerous party cadres were injured in clashes, including seven Maoists 
killed and 16 injured in a clash with police in Dang on April 8. Most 
political parties also reported that their party workers were not able 
to campaign freely in particular districts. Although the Election 
Commission decided to conduct repolling at more than 100 polling sites 
due to violence, booth capture, and other irregularities conducted 
primarily by the Maoists/YCL, domestic and international observer 
groups accepted the election results.
    There are no specific laws that restrict women, indigenous people, 
or minorities from voting or participating in government or in 
political parties, but tradition limited the roles of women and some 
castes and ethnicities in the political process. Members of certain 
castes traditionally held more power than others. Of the 23-member 
cabinet, eight members were from ethnic minority communities. There 
were four women in the cabinet serving with the rank of minister. Most 
of the larger political parties had associated youth wings, trade 
unions, and social organizations.
    Government Corruption and Transparency
    The law provides criminal penalties for official corruption; 
however, the Government did not implement the law effectively. The 
Commission for the Investigation of the Abuse of Authority, mandated to 
investigate official acts of corruption, claimed a 75 percent success 
rate concerning corruption cases it filed, but some cases involving 
politicians were not filed or were defeated in court.
    In July 2007 the interim parliament passed the Right to Information 
Bill, which mandated that public organizations provide citizens with 
information as quickly as possible and that inquiries should be met 
within 15 days following the request. If authorities deny individuals 
access to information, the officials must provide a valid explanation. 
The bill provides five exemptions for withholding information: to 
facilitate the investigation and filing of criminal cases, to protect 
the economic and commercial interests of the country, to preserve 
banking and commercial secrecy, to prevent a disruption of communal 
harmony, or to prevent a disruption to personal life or security.
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 and were able to investigate and publish 
their findings on human rights cases. Government officials were 
somewhat cooperative and responsive to their views.
    There were approximately 13 independent, domestic human rights 
NGOs, including AF, the Human Rights Organization of Nepal, INSEC, 
Inhured, the Human Rights and Peace Society, and Him Rights. The Nepal 
Law Society also monitored human rights abuses, and a number of other 
NGOs focused on specific areas such as torture, child labor, women's 
rights, or ethnic minorities.
    According to the UN Office for the Coordination of Humanitarian 
Affairs, there were occasional credible claims that Maoists interfered 
with the operations of international NGOs.
    The Government welcomed and regularly granted visas to 
international NGOs and other human rights monitors, including members 
of Amnesty International and HRW. Authorities generally gave 
international observers access to barracks and places of detention. 
International observers were not granted access to courts martial and 
military investigations.
    As set out in the 2006 CPA, the OHCHR worked with the Government to 
formulate and implement policies and programs for the promotion and 
protection of human rights.
    During the year the OHCHR issued 54 press releases and eight 
reports. The reports dealt with the elections, the February Terai 
protests, the September 2007 killings in Kapilvastu, and disappearances 
in Bardiya District between 2001 and 2003, among other subjects. The 
media covered all reports freely.
    After the commissioners of the NHRC were sworn in September 2007, 
the NHRC began to investigate past and current allegations of abuses. 
Resource constraints and insufficient manpower restricted the number of 
cases the commission investigated. Once the NHRC completes an 
investigation and makes a recommendation, the Government has three 
months to respond. The commission received 674 complaints of human 
rights violations during the year. The NHRC also investigated illegal 
detention and arrest of acquitted persons. The NHRC reported open 
access to government detainees across the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law specifies that the Government shall not discriminate 
against citizens on grounds of race, sex, caste, or ideology; however, 
a rigid caste system continued to operate throughout the country in 
many areas of religious, professional, and daily life. Societal 
discrimination against lower castes, women, and persons with 
disabilities remained common, especially in rural areas.

    Women.--Under the civil code, sentencing provisions for rape depend 
on the age of the female victim, with the maximum possible jail 
sentence of 10 to 15 years if the victim is under the age of 10, and 
the minimum possible jail sentence of five to eight years if the victim 
is over the age of 20. The victim's compensation is dependent on the 
degree of mental and physical torture suffered. Under the Gender 
Equality Amendment Act of 2006, the definition of rape includes marital 
rape, and the husband can be jailed for three to six months.
    Incidents of rape continued to be a problem and went unreported in 
most cases. Between July 2007 and June, 309 cases of rape and 73 cases 
of attempted rape were filed in the court, according to the women's 
police cell. A 2003 survey by the domestic NGO Saathi found that 39 
percent of rape victims who reported the crime to police were under the 
age of 19. Of those victims who reported the crime to the authorities, 
25 percent said the Government arrested and convicted the perpetrator. 
According to SAATHI, police and the courts were quick to respond to 
rape cases.
    Domestic violence against women remained a serious problem that 
received limited public attention. There was a general unwillingness 
among police, politicians, citizens, and government authorities to 
recognize violence against women as a problem. Sensitizing programs by 
NGOs for police, politicians, and the general public continued to lead 
to a greater awareness of the problem. The women's cell of the police 
received 881 reports of domestic violence between July 2007 and June. 
However, in the absence of a domestic violence law, police were unable, 
or unwilling, to file cases against the accused.
    Police had women's cells in 41 of the country's 75 districts. The 
female officers in the cells received special training in handling 
victims of domestic violence and trafficking. Police also issued 
directives instructing all officers to treat domestic violence as a 
criminal offense. Police officials reported that this type of directive 
was difficult to enforce because of entrenched discriminatory attitudes 
among police. Even if police made arrests, often neither the victim nor 
the Government pursued prosecution.
    On June 6, the husband and mother-in-law of Laxmi Bohara, of 
Kanchanpur District, forced her to swallow poison because they were 
upset with her activities as a women's and health rights activist. 
Authorities initially reported her death as a suicide. A public 
campaign demanding an investigation of the killing drew the attention 
of the general public, the Government, and CA members. In August, as a 
result of the campaign and protests, the Government formed a seven-
member task force, coordinated by the Secretary from the office of the 
Prime Minister, to address the issue of violence against women. At 
year's end the high-level task force investigative report was submitted 
to the Government, but it was not made public.
    The dowry tradition was strong in the Terai districts bordering 
India, but the killing of brides over dowry disputes was rare. More 
often, husbands or in-laws seeking additional dowry physically abused 
wives or forced the woman to leave so that the man could remarry.
    At year's end the husband and in-laws of Hasrun Idris remained in 
custody awaiting the outcome of their trial for allegedly burning 
Hasrun in November 2007 because they were dissatisfied with the dowry 
her family had paid.
    Traditional beliefs about witchcraft generally involved elderly 
rural women and widows. Shamans or other local authority figures 
sometimes publicly beat and physically abused suspected witches as part 
of an exorcism ceremony. The media and NGOs reported numerous cases of 
this superstition-related violence during the year. For example, 
Makharin Khatun, an elderly woman from Birgunj, was fed human excrement 
due to claims that she was a witch. Khatun lodged a report with the 
police, but in the absence of a law prohibiting such actions, the 
perpetrators were set free on bail. Similar incidents were seen in 
other parts of the country. There was no government mechanism to 
prevent such abuses or provide compensation to the abused.
    Trafficking in persons, mainly women and girls, remained a serious 
problem throughout the country, and large numbers of women were forced 
into commercial sexual exploitation in other countries and increasingly 
within the country. Forced prostitution is illegal, but there are no 
laws banning prostitution by choice. Kathmandu police estimated there 
were approximately 32,000 female sex workers in the Kathmandu valley 
and approximately 150,000 throughout the country. However, on November 
30, the media reported 30,000 female sex workers in the country.
    Although the law provides protections for women, including equal 
pay for equal work, the Government did not take significant action to 
implement those provisions, even in many state industries. The Gender 
Equality Bill of 2006 contains a provision against sexual harassment. 
The bill provides penalties of up to a one-year jail sentence and a 
fine of up to 10,000 rupees ($126). However, the bill was not properly 
implemented, and government enforcement was weak.
    In August the Supreme Court publicized its decision upholding the 
right of women to equal wages for work of equal value. In its decision, 
the Court referred to the Convention on the Elimination of all Forms of 
Discrimination against Women regarding the right of women to parity in 
remuneration, as well as constitutional protections.
    Women faced systematic discrimination, particularly in rural areas, 
where religious and cultural traditions, lack of education, and 
ignorance of the law remained severe impediments to the exercise of 
basic rights, such as the right to vote or to hold property in their 
own names.
    Citizenship may pass through the mother, and the children of female 
citizens married to foreign spouses can claim citizenship. Women may 
register birth and death information. Women did not need permission 
from their husband or parents to get a passport. Unmarried, widowed, 
and divorced women were able to inherit parental property. Women did 
not need the permission of their husband, son, or parents if they 
wished to sell or hand over ownership of property.
    Many discriminatory laws remain even after the 2006 Gender Equality 
Act amended 56 out of 173 discriminatory provisions in various laws. 
For example, the law on property rights favors men in its provisions 
for land tenancy and the division of family property. The Foreign 
Employment Act requires women to get permission from the Government and 
their guardian before seeking work through a foreign employment agency. 
The law encourages bigamy by allowing men to remarry without divorcing 
their first wife if she becomes incapacitated or infertile.
    According to the 2001 census, the most recent statistics available, 
the female literacy rate was 43 percent, compared with 65 percent for 
men. NGOs focused on integrating women into active civil society and 
the economy. Most political parties had women's groups that advocated 
for women's rights and brought women's issues before the party 
leadership.

    Children.--Although the law provides for the welfare and education 
of children, its implementation was uneven. Education was not 
compulsory. However, government policy provided free primary education 
for all children between the ages of six and 12 years. Approximately 70 
to 75 percent of boys who worked went to school, compared with only 50 
to 60 percent of the girls who worked. Human rights groups reported 
that girls attended secondary schools at a rate half that of boys. In 
2003 the Department of Education issued a report that one-quarter of 
elementary school-age girls were deprived of basic education. The 
Government claimed that 86 percent of school-age children were 
attending public schools. There were a reported 3,500 madrassas 
functioning throughout the country.
    The Government provided basic health care free to children and 
adults, but government clinics were poorly equipped and few in number, 
and serious deficiencies remained. Some health clinics in rural areas 
were forced to close due to Maoist intimidation.
    Violence against children rarely was prosecuted, and abuse 
primarily manifested itself in trafficking of children. Commercial 
sexual exploitation of young girls remained a serious problem. 
Community Action Center (CAC), an NGO working with female sex workers, 
identified 3,648 working in Kathmandu valley since 2006. CAC did not 
report underage minors to be engaged in prostitution.
    Societal attitudes in parts of the country viewed a female child as 
a commodity to be bartered in marriage or as a burden. Some persons 
considered marrying a girl before menarche an honorable, sacred act 
that increased one's chances of a better afterlife. As a result, 
although the law prohibits marriage for girls before the age of 18, 
child brides were common. Social, economic, and religious values 
promoted the practice of child brides. According to the Ministry of 
Health, girls' average age of marriage was 16 years, and boys' average 
age was 18. An age difference in marriage often was cited as one cause 
of domestic violence.
    Internal displacement due to the decade-long Maoist conflict, 
including of children, continued to be a problem, with estimates of the 
number displaced ranging widely. According to a 2005 Caritas report, 
approximately 40,000 children had been displaced. As IDPs children 
faced inadequate access to food, shelter, and health care and had 
limited access to education.
    Reports of missing children increased from 2007. Between July 2007 
and June, a total of 800 children (435 boys and 365 girls) were 
reported missing. Many of the missing children were presumed to have 
been trafficked. Of the 800 missing children, police records indicate 
that 14 boys and 63 girls were later found.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, trafficking in women and children remained a 
serious problem.
    The country was a source country for trafficking. Young women were 
the most common targets. Trafficking of boys rarely was reported, but 
girls as young as nine years of age were trafficked, primarily to 
neighboring countries, including India. While the vast majority of 
trafficking was of women and girls for sexual exploitation, men, women, 
and children were also trafficked for domestic service, manual or 
semiskilled bonded labor, work in circuses, or other purposes. Men were 
also trafficked for involuntary servitude in Iraq by labor recruiting 
agencies; they generally were promised jobs in other Gulf countries but 
were subsequently transferred to Iraq under threat or deception. There 
were more reports than in previous years that men were trafficked for 
labor exploitation to Gulf countries. Pourakhi, a NGO working with 
returnee migrant workers, estimated 3 percent of the more than 5,000 
migrant workers per year who departed for destinations other than India 
were trafficked. Most women and girls trafficked from the country went 
to India, lured by promises of good jobs or marriage.
    An estimated 12,000 women and children were trafficked into sexual 
exploitation in Indian brothels, and an unspecified number were victims 
of internal sex trafficking. Traffickers posing as labor recruiting 
agencies sent women to Saudi Arabia, Malaysia, Hong Kong, the United 
Arab Emirates, and other Gulf states for sexual exploitation and 
domestic servitude.
    Internal trafficking for forced labor and sexual exploitation also 
occurred and appeared to have increased during the year. According to 
studies conducted by Save the Children and Action Aid, internal 
trafficking likely was on the rise due to the lingering effects of the 
insurgency, as rural women and children left their homes to seek 
employment and security in urban centers. A 2007 NHRC Report estimated 
that approximately 40,000 female workers between the age of 12 and 30 
years worked in 1,200 cabin and dance restaurants and massage parlors 
in the Kathmandu valley. The girls reported having been assured jobs, 
primarily in the Middle East or Gulf countries.
    Traffickers were usually domestic or from India and had links to 
brothels in India, but recruiters who sought girls in villages were 
primarily citizens. In many cases parents or relatives sold women and 
young girls into sexual slavery. Corruption was also believed to 
facilitate trafficking, but there were few reported investigations or 
prosecutions of complicit government officials. The Government 
initially identified 26 high-priority districts as source areas of 
trafficking and established antitrafficking task forces in each of 
those districts. Women and youth displaced from homes as a result of 
the insurgency were especially vulnerable to being trafficked.
    During the year enforcement of antitrafficking statutes improved 
but remained sporadic. The law prohibits the selling of persons in the 
country or abroad and prescribes imprisonment of up to 20 years for 
infractions. However, implementation of the 2007 Trafficking in Persons 
and Transportation Control Bill was poor, reportedly due to lack of 
knowledge regarding provisions and the weak rule of law situation in 
the country.
    Police records of trafficking cases and cases registered by NGOs 
did not match. Maiti Nepal, the country's largest antitrafficking NGO, 
registered 27 cases of trafficking in the Kathmandu district court. 
According to the Attorney General's Office, the Government filed 183 
trafficking cases in the district attorneys' offices across the country 
for one year following July 2007. By July 14, of the 183 cases, 37 
resulted in full or partial convictions, 22 in acquittal, and 124 
remained under investigation.
    On September 6, the district court of Bardiya convicted two women, 
Jamuna Pariyar and Khimi Pariyar, to 20 years of imprisonment for 
selling two girls to a brothel in India in 2004 for 40,000 rupees 
($571).
    The Government did not monitor adequately labor recruiting agencies 
to ensure that workers going abroad attended premigration orientation 
sessions or that labor contracts were honored after worker arrival in 
receiving countries. Recruiters in the country who used deception to 
trick workers into forced labor in Iraq despite a government ban 
remained largely unmonitored and unpunished.
    The Government had a national plan to combat trafficking and a 
National Rapporteur on Trafficking; however, political instability and 
security problems hindered the Government's antitrafficking efforts.
    Official corruption related to identity documentation and at ports 
of entry continued to facilitate the illicit movement of persons across 
the country's borders. The National Task Force at the Ministry of 
Women, Children, and Social Welfare (MWCSW) continued to coordinate the 
response to trafficking cases. There were programs in place to train 
police, and the MWCSW worked closely with local NGOs to rehabilitate 
and otherwise assist victims. Police women's cells in 41 districts 
worked with NGOs to provide referral services to victims of trafficking 
and domestic violence.
    The Government provided limited funding to NGOs to give assistance 
to victims with rehabilitation, medical care, and legal services. The 
MWCSW sponsored job and skill training programs in several poor 
districts with high rates of commercial sex workers who were sent to 
India. The Government protected the rights of victims and did not 
detain, jail, or prosecute them for violations of other laws.
    The Government, together with NGOs and international organizations, 
implemented local, regional, and national public awareness campaigns on 
trafficking in persons; however, the Government failed to provide 
adequate police training and resources or prompt adjudication. 
Government welfare agencies worked with NGOs to deliver public outreach 
programs and assistance to trafficking victims. Maiti Nepal stationed 
rehabilitated trafficking victims as guards with government officials 
to intercept trafficking victims at border crossings.
    Maiti Nepal provided transit homes for girls rescued from 
trafficking. Transit homes were located in border towns of eight 
districts through which many girls were trafficked into India. During 
the year 2,351 children and women stayed at the transit homes after 
authorities intercepted them while they were in the process of being 
trafficked. At the Maiti Nepal Rehabilitation and Protection Home, 
children and women could stay up to six months and learn income-
generating skills. At year's end 341 children and women were residing 
in Maiti Nepal's rehabilitation home in Kathmandu. Other NGOs also 
provided transit homes.
    During the year Maiti Nepal's head office rescued and repatriated 
71 children and women from India and the Gulf countries. Many had been 
expelled from their brothels after contracting sexually transmitted 
diseases or tuberculosis. Most were destitute, and according to 
estimates by Maiti Nepal and ABC Nepal, 50 percent were HIV-positive. 
Maiti Nepal operated a hospice for HIV-positive trafficking victims and 
their children. Another NGO, Shakti Samuha, rehabilitated 38 girls and 
women during 2007.
    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, 
and there was discrimination against persons with disabilities in 
employment, education, access to health care, and in the provision of 
other state services. The law mandates access to buildings, 
transportation, employment, education, and other state services, but 
these provisions generally were not enforced. The Government did not 
implement effectively or enforce laws regarding persons with 
disabilities. The MWCSW was responsible for the protection of persons 
with disabilities. Some NGOs working with persons with disabilities 
received funding from the Government; however, most persons with 
physical or mental disabilities relied almost exclusively on family 
members for assistance.

    National/Racial/Ethnic Minorities.--The law provides that each 
community shall have the right ``to preserve and promote its language, 
script, and culture'' and that each community has the right to operate 
schools at the primary level in its native language. In practice the 
Government generally upheld these provisions.
    There were more than 75 ethnic groups that spoke 50 different 
languages. In remote areas school lessons and radio broadcasts often 
were in the local language. In urban areas education was almost 
exclusively offered in Nepali or English.
    Discrimination against lower castes and some ethnic groups, 
particularly Madhesis and Janajatis, was especially common in the Terai 
and in rural areas in the western part of the country, even though the 
Government outlawed the public shunning of Dalits and made an effort to 
protect the rights of the disadvantaged castes. Economic, social, and 
educational advancement tended to be a function of historical patterns, 
geographic location, and caste. Better education and higher levels of 
prosperity, especially in the Kathmandu valley, were slowly reducing 
caste distinctions and increasing opportunities for lower socioeconomic 
groups. Better educated, urban-oriented castes continued to dominate 
politics and senior administrative and military positions and control a 
disproportionate share of natural resources.
    Caste-based discrimination, including barring access to temples, is 
illegal; however, Dalits were barred occasionally from entering 
temples. Progress in reducing discrimination was more successful in 
urban areas.
    Resistance to inter-caste marriage (upper and lower caste) remained 
high. In June, 12 Dalit families residing in Surkhet District were 
forced to leave the community when a Dalit man married a non-Dalit 
woman. The village divided into Dalit and non-Dalit factions. The non-
Dalit families held the Dalit boy's sisters captive, and villagers 
severely beat the bride and the groom.
    On July 29, a Dalit Chamar family in Rupandehi District received 
death threats from members of an upper-caste family because the Dalit 
family's pig had touched the upper-caste family's pots.

    Other Societal Abuses and Discrimination.--The country has no laws 
that specifically criminalize homosexuality; however, government 
authorities, especially police, sometimes harassed and abused 
homosexuals. According to Blue Diamond Society, an indigenous NGO, 
harassment of homosexuals continued.
    On June 11, police arrested two transgender individuals in 
Kathmandu but released them after three hours.
    On June 30, the Nepal Army Court upheld the NA's 2007 decision to 
fire Bhakti Shat for being a lesbian. On September 26, Shat filed an 
appeal at the Supreme Court. The case was pending at year's end.
    As a result of the December 2007 Supreme Court decision that sexual 
minorities are natural persons, transgender individuals may be issued 
third-gender identification cards. On September 17, the first 
transgender individual received a citizenship certificate. On November 
17, the Court confirmed its summary decision and issued a directive 
order to the Government to form a seven-member committee to study other 
countries' laws on same-sex marriage and provide a recommendation for a 
same-sex marriage bill. The budget, adopted in September, also 
reportedly included line items for transgender treatment and homes.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the freedom to 
establish and join unions and associations, and these rights were 
protected unevenly in practice. The law permits the restriction of 
unions only in cases of subversion, sedition, or similar conditions. 
However, members of the armed forces and the police are not permitted 
to form a union, and members of the management of private or public 
enterprises are not permitted to take part in union activities. Trade 
unions developed administrative structures to organize workers, bargain 
collectively, and conduct worker education programs. The three largest 
trade unions were affiliated with political parties.
    Only 10 percent of the total workforce was in the formal sector, 
the remaining 90 percent worked in the informal sector. Out of the 
formal sector workforce, 75 percent participated in unions. The law 
contains enabling regulations; however, the Government did not fully 
implement these acts. The law defines procedures for establishing trade 
unions, associations, and federations. It also protects unions and 
officials from lawsuits arising from actions taken in the discharge of 
union duties, including collective bargaining, and prohibits employers 
from discriminating against trade union members or organizers.
    The Government enforced some barriers to the participation in union 
federations through minimum required thresholds for the formation of 
trade union federations and confederations. The Government did not 
restrict unions from joining international labor bodies. Several trade 
federations and union organizations maintained a variety of 
international affiliations.
    The law provides the right to strike except by employees in 
essential services, and workers exercised this right in practice. The 
Government at times used the legislation to ban strikes in many 
sectors, including banking, telecommunications, electricity, water 
supply, road, air and sea transport, the print industry, the 
Government, press, and hotels and restaurants. The law empowers the 
Government to halt a strike or to suspend a union's activities if the 
union disturbs the peace or if it adversely affects the nation's 
economic interests. Under the law 60 percent of a union's membership 
must vote in favor of a strike in a secret ballot for the strike to be 
legal, and the union is required to give notice 30 days before a 
strike.
    The Maoist trade union organized workers and intimidated businesses 
extensively after the 2006 cease-fire. Maoist-inspired work stoppages, 
enforced through violence and intimidation, caused particular hardship 
to workers in many economic sectors.
    On January 10, the CPN-M affiliated All Nepal Tailoring Workers 
Union allegedly closed a tailoring shop in Kathmandu demanding letters 
of appointment for workers in the shop. The shop reportedly remained 
closed, and the owner continued to receive calls from the trade union 
but no threats.
    In early September the Maoist-affiliated All Nepal National Trade 
Union Federation shut down Dabur Nepal, Narayani Rolling Mills, Birgunj 
Food Industry, Triveni Impex and Pashupati Industries in Bara District. 
After three weeks Dabur Nepal was able to reopen.
    In mid-September labor agitations disrupted the operations of the 
Coca Cola Company. On September 18, labor union members barred the 
factory gate of Bottlers Nepal (Terai) Limited, resulting in a three-
day illegal blockade, and management was unable to enter the premises. 
On September 21, an illegal labor agitation shut down Bottlers Nepal 
Limited in Kathmandu for three days.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, but the organizational structures 
to implement the act's provisions were not established. The Government 
allowed unions to operate freely and without interference. Collective 
bargaining agreements covered an estimated 10 percent of wage earners 
in the organized sector; however, in general labor remained widely 
unable to use collective bargaining effectively due to legal obstacles 
to striking and inexperience on the part of labor leaders. According to 
the General Federation of Nepalese Trade Unions, collective bargaining 
was not effective in newly established factories and industries, but it 
was successful in some of the well established factories and 
industries. Many workers also faced threats or dismissal for attempting 
to organize a union.
    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 Ministry of Labor enforced 
laws against forced labor only in the small formal sector.
    Enforcement of the Kamaiya Prohibition Act of 2002 by the 
Government was uneven, and social integration of the Kamaiyas-former 
bonded laborers- was difficult. During the year the Government 
rehabilitated an additional 2,658 Kamaiyas, bringing the total 
rehabilitated to 14,677 out of a total 18,400, mostly living in Dang, 
Banke, and Kanchanpur districts. Most Kamaiyas not rehabilitated lived 
in Bardiya and Kailali districts.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law stipulates that children shall not be employed in factories, mines, 
or 60 other categories of hazardous work and limits children between 
the ages of 14 and 16 years to a 36-hour workweek (six hours a day and 
six days a week, between 6 a.m. and 6 p.m.). The Child Labor Act of 
2000 applies only to formal sectors of the economy, such as tourism, 
cigarette or carpet factories, and mines.
    Child labor was a significant problem, particularly in the large 
informal sector, which included such businesses as portering, rag 
picking, and rock breaking. Resources devoted to enforcement were 
limited, and NGOs estimated that 2.6 million children, most of them 
girls, participated in the labor force. Of that number, 1.7 million 
children worked full time. The agricultural sector accounted for an 
estimated 95 percent of child laborers.
    The law establishes a minimum age for employment of minors at 16 
years in industry and 14 years in agriculture, and it mandates 
acceptable working conditions for children. Employers must maintain 
records of all laborers between the ages of 14 and 16. The law also 
establishes specific penalties for those who unlawfully employ 
children. However, the necessary regulations have not been fully 
implemented. An estimated 60 percent of children who worked also 
attended school.
    The Ministry of Labor, responsible for enforcing child labor laws 
and practices, had a mixed enforcement record. According to the 
ministry, there were 10 labor inspectors employed during the year. The 
Ministry of Labor reported that it carried out 851 labor inspections 
across the country during the 12-month period ending in July. The 
inspectors found no children working, and no legal action was taken.

    e. Acceptable Conditions of Work.--Effective September 17, the 
minimum wage for unskilled laborers was approximately 4,600 rupees 
(approximately $65)-3,050 rupees ($43) as a basic salary, and 1,550 
rupees ($22) as an allowance. Wages for semiskilled workers was set at 
4,650 rupees ($66), for skilled workers at 4,760 rupees ($67), and for 
highly skilled workers at 4,950 rupees ($70). It is possible to 
increase this wage through a tripartite mechanism comprised of 
representatives of the Government, the employer, and the employee. 
Wages in the informal service sector and in agriculture often were as 
much as 50 percent lower. The law calls for a 48-hour workweek, with 
one day off per week and one half-hour rest per eight hours worked, and 
it limits overtime to 20 hours per week with 50 percent overtime pay 
per hour. None of these minimum wages were sufficient to provide a 
decent standard of living for a worker and family. Labor regulations 
also apply to foreign and migrant workers.
    The Government sets occupational health and safety standards, and 
the law establishes other benefits such as a provident fund and 
maternity benefits. Implementation of the law was slow, as the 
Government did not create the necessary regulatory or administrative 
structures to enforce its provisions. Workers did not have the right to 
remove themselves from dangerous work situations without fear of losing 
their jobs. Although the law authorizes labor officers to order 
employers to rectify unsafe conditions, enforcement of safety standards 
remained minimal.

                               __________

                                PAKISTAN

    Pakistan is a federal republic with a population of approximately 
173 million. During the year, civilian democratic rule was restored in 
the country. President Asif Ali Zardari, widower of assassinated 
Pakistan People's Party (PPP) leader Benazir Bhutto, became head of 
state on September 6, replacing former President Pervez Musharraf, who 
resigned on August 18. International observers noted that parliamentary 
elections on February 18, while flawed, were competitive and reflected 
the will of the people. The election brought to power former opposition 
parties, led by the PPP, in a coalition government; the national 
parliament elected Yousuf Gilani as prime minister and head of 
government on March 24. The PPP and its coalition partners at year's 
end controlled the executive and legislative branches of the national 
government and three of the four provincial assemblies. Of the 13 
Supreme Court justices whom then President and Chief of Army Staff 
Musharraf dismissed in November 2007, by year's end the new government 
had reinstated five under a fresh oath of office; three retired or 
resigned; and five remained off the bench, including former Chief 
Justice Iftikhar Chaudhry. The newly elected government did not enforce 
media restrictions adopted during the 2007 state of emergency. It 
lifted curbs on unions imposed during Musharraf's tenure, so at year's 
end workers in some industries could organize legally. In an effort to 
quell the insurgency in Balochistan, the Government withdrew 
politically motivated charges and exit control restrictions against 
some Baloch leaders. While the security forces generally accepted 
direction from the civilian authorities during the year, there were 
some instances in which elements of the security forces acted 
independently of civilian authority. The chief of army staff withdrew 
3,000 active duty military officers from civil service positions 
assigned by former President Musharraf.
    Despite some improvements after the state of emergency at the end 
of the previous year, the human rights situation remained poor. Major 
problems included extrajudicial killings, torture, and disappearances. 
There were also instances in which local police acted independently of 
government authority. Collective punishment was a problem particularly 
in the Federally Administered Tribal Areas (FATA), which falls under 
the legal framework of the Frontier Crimes Regulation (FCR). Lengthy 
trial delays and failures to discipline and prosecute those responsible 
for abuses consistently contributed to a culture of impunity. Poor 
prison conditions, arbitrary arrest, and lengthy pretrial detention 
remained problems, as did a lack of judicial independence. Corruption 
was widespread within the Government and police forces, and the 
Government made few attempts to combat the problem. Although 
implementation of the 2006 Women's Protection Act somewhat improved 
women's rights, rape, domestic violence, and abuse against women 
remained serious problems. Honor crimes and discriminatory legislation 
affected women and religious minorities respectively. Religious freedom 
violations and inter-sectarian religious conflict continued. Widespread 
trafficking in persons, child labor, and exploitation of indentured and 
bonded children were ongoing problems. Child abuse, commercial sexual 
exploitation of children, discrimination against persons with 
disabilities, and worker rights remained concerns.
    Military operations in the FATA and the Northwest Frontier Province 
(NWFP) killed approximately 1,150 civilians, and militant attacks in 
FATA and NWFP killed 825 more civilians. Sectarian violence in the 
country, most notably in Kurram Agency, killed approximately 1,125 
individuals. More than 65 suicide bombings throughout the country 
killed an estimated 970 individuals. In Balochistan, the low-level 
insurgency killed approximately 125 civilians, according to media 
reports. Ongoing battles with militants created a fluctuating number of 
internally displaced persons (IDPs), but at year's end there were an 
estimated 200,000 IDPs in the NWFP and FATA. Flooding in Punjab and 
NWFP and an earthquake in Balochistan displaced an additional 300,000 
persons.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Reports of arbitrary 
or unlawful killings by government agents and politically motivated 
killings continued during the year, as did arbitrary or unlawful 
killings of civilians in conflict. (See Section 1.g.)
    Some targeted killings of political dissidents and individuals 
accused of crimes resulted from staged encounters and excessive 
physical abuse while in official custody. Through November the 
nongovernmental organization (NGO) Society for Human Rights and 
Prisoners' Aid (SHARP) reported 64 civilian deaths after encounters 
with police and 101 deaths in jails. The police stated these deaths 
occurred when suspects attempted to escape, resisted arrest, or 
committed suicide. Human rights observers, family members, and the 
media, however, reported security forces staged many of the deaths.
    The Government frequently investigated, and sometimes convicted, 
police officials for extrajudicial killings. Through August 2008 the 
inspector general of the Punjab Police reported its provincial police 
force disciplined 973 officials for a variety of crimes. Lengthy trial 
delays and failures to discipline and prosecute those responsible for 
abuses, however, consistently contributed to a culture of impunity.
    On January 24, Allah Bakhsh died after a night in police custody 
near Khanewal, Punjab. The Human Rights Commission of Pakistan (HRCP) 
reported Bakhsh allegedly died of torture, although police claimed he 
died of cardiac arrest.
    On May 4 or 5, policeman Jafar Husain and two others allegedly 
tortured Rafique Masih to death in a Lahore police station, according 
to the HRCP. A police official told the media the lower part of Masih's 
body had torture marks on it. Officially the cause of death was listed 
as cardiac arrest, but authorities said that torture could not be ruled 
out and that a murder case was registered against three policemen.
    On August 18, police allegedly tortured Falak Sher in custody in 
Sheikhupura, Punjab; his body was later discovered in a nearby field. 
After people in the surrounding areas demonstrated against the death, 
the district police officer lodged a case against the officer in charge 
of the investigation, Arshad Latif. Sub-Inspector and then Station 
House Officer (SHO) Muhamad Khalid was suspended. In November Sher's 
family accepted a financial settlement in the case.
    On October 15, prison guards shot and killed three inmates during 
riots at Karachi's Malir District Jail, and a fourth was killed by a 
blunt object, according to the HRCP. Prison guards reportedly were 
ordered to open fire due to fears of a jailbreak. On October 16, 
authorities lodged cases against 69 inmates involved in the incidents. 
Prison authorities sent the 225 ``key culprits'' to other jails and 
suspended five jail officials and one police official from active duty.
    By year's end, authorities had transferred two police officers 
accused of involvement in the 2007 death in custody of Ali Nawaaz in 
Karachi. Although a doctor reportedly told Nawaaz's family he died of 
kidney failure, the family claimed they saw marks of torture on his 
body, including wounds on his head, neck, left kidney, legs, and back. 
Police initially refused to act on the matter, but after many citizens 
pressured the police to ask the father to lodge a case, the father 
registered it.
    A trial in the Rawalpindi Anti-Terrorism Court was ongoing at 
year's end in the May 2007 death of Supreme Court Additional Registrar 
Syed Hammad Raza. After an initial investigation, police said the 
killing was in connection with a robbery; Raza's family and his 
colleagues in the legal community accused security agencies of the 
killing because of Raza's alleged relationship with then suspended 
Chief Justice Iftikhar Chaudhry.
    Initial investigations into the death of Malik Zaheer in September 
2007 when he was on trial for the murder of Arif Bhinder indicated 
Zaheer died of natural causes. Subsequent investigation revealed 
evidence of torture on Zaheer's body, and Zaheer's relatives filed an 
appeal of the official findings in the Lahore High Court. The case was 
ongoing at year's end.
    The inquiry into the death of Arif Bhinder, the Punjab assistant 
advocate general who was killed in Lahore in January 2007, was ongoing 
at year's end in the Lahore Anti-Terrorism Court.
    There were no developments in the 2006 death in custody of Habibur 
Rehman in Chitral. Prior to his death, a doctor's report stated that 
Rehman was in shock and in critical condition after being beaten.
    There were reports of politically motivated killings by political 
factions or unknown assailants. Examples of these cases include the 
following:
    The European Union (EU) Election Observation Mission reported that 
more than 100 party supporters were killed during the campaign for the 
February parliamentary elections, in addition to the December 2007 
assassination of former PPP leader, Benazir Bhutto. Fifty more were 
reportedly killed in clashes between supporters.
    During the year, tribal leaders and political leaders, including 11 
members of the ANP, PPP, PPP-Sherpao, and Pukhtoonkhwa Milli Awami 
parties, were killed in FATA and the NWFP. Notable politically 
motivated killings included a February 9 bomb blast at an ANP rally in 
Charsadda in NWFP that killed more than 27 individuals; a February 11 
suicide attack in North Waziristan that killed two local ANP leaders 
and six others and injured a candidate for the National Assembly; an 
attack in Parachinar in FATA that killed 37 individuals gathered 
outside the offices of a parliamentary candidate two days before the 
elections; the late August attacks in Swat in NWFP on local ANP leaders 
and a former district President of the Pukhtoonkhwa Milli Awami party; 
and a December 28 suicide car attack at a polling station in Bunir 
district of NWFP during the by-election for a national assembly seat.
    During the year, sources in the Muttahida Qaumi Movement (MQM) 
party, which has the strongest political influence in Karachi, accused 
Jamaat-e-Islami (JI) activists of killing 19 of its members, including 
a Karachi University student, in ongoing violence between the two 
parties over political control of the province. Fourteen of these MQM 
members died in ethnic violence on November 29 and 30. JI accused MQM 
of killing 13 JI activists.
    On April 9, rioting between MQM lawyers and other lawyers in 
Karachi left nine dead. Authorities found seven bodies in lawyers' 
offices, and the mob torched 40 vehicles following attacks on former 
Minister Sher Afghan Niazi in Lahore the previous day.
    By year's end, a trial in the Sindh High Court was in process for 
those arrested in connection with the deaths of more than 40 political 
activists from multiple parties during demonstrations planned to 
coincide with the May 2007 arrival of then suspended Chief Justice 
Chaudhry to Karachi. Many observers blamed the violence on the MQM 
party, a member of the ruling coalition that controlled the Sindh 
provincial government, since there were multiple reports that the 
Government had ordered police not to deploy to demonstration areas. MQM 
officials denied responsibility for the violence, claiming 18 of the 
deaths were MQM members. Authorities later accused MQM of organizing 
demonstrations to disrupt the trial.
    At year's end, the case of a suicide bomber who killed 11 police 
officers and eight civilians at an Islamabad political rally in July 
2007 was under way at an antiterrorism court. Police arrested three 
persons in September 2007.
    Police did not make any arrests in the case of two suicide bombers 
who killed more than 130 civilians and 11 police officers in Karachi 
during a procession to welcome former Prime Minister Benazir Bhutto's 
return in October 2007. On October 17, the district court of Karachi 
ordered that a case be registered against Pervez Ilahi, former chief 
minister of Punjab; Ijaz Shah, former director general of the 
Intelligence Bureau; and Hameed Gul, former director general of Inter-
Services Intelligence (ISI).
    On July 10, the UN agreed in principle to a government request to 
initiate an investigation into the December 2007 assassination of 
former PPP leader Benazir Bhutto, an attack that also killed at least 
30 of her supporters and police. Scotland Yard assisted local officials 
in their investigation in January but did not explore who perpetrated 
the attack. At year's end, there were no suspects in custody.
    By year's end there were no arrests in the case of seven killed in 
violence at a political rally held by Nawaz Sharif, leader of the 
Pakistan Muslim League-Nawaz (PML-N), in Karal Chowk the same day as 
the Bhutto assassination in December 2007.
    By year's end the Supreme Court had not ruled on the legality of 
the July 2007 military assault against armed militants inside 
Islamabad's Red Mosque (Lal Masjid) that left 106 dead. The Government 
did not allow the mosque to reopen an affiliated madrassa (privately 
run Islamic school), but allowed another, Jamia Faridia, to renew 
operations under government scrutiny.
    Attacks on houses of worship, religious gatherings, and religious 
leaders linked to sectarian, religious extremist, and terrorist groups 
outside FATA resulted in hundreds of deaths during the year. Examples 
of these cases include the following:
    On April 8, a mob of Muslim workers at a factory in Karachi beat to 
death Jagdish Kumar, a young Hindu co-worker they accused of making 
derogatory comments about the Prophet Muhammad. The family, activists, 
and politicians disputed the blasphemy allegation. Police arrested 
suspects on charges of ``failure to inform the police that blasphemy 
was under way,'' according to press reports. At year's end, a case was 
registered but authorities did not arrest any suspects in the killing.
    On May 4, Adeel Masih, a 19-year-old Christian, was killed in 
Hafizabad, Punjab, after he allegedly proposed to a Muslim girl. 
Although initially police claimed it was suicide, following an 
investigation they arrested two Muslim youths suspected of involvement 
in the case. There were no convictions by year's end, as authorities 
continued to probe the case.
    On June 16, a bombing at a Shia mosque in Dera Ismail Khan, NWFP, 
killed four worshippers.
    On September 7, the local anchor of a religious affairs program on 
Geo Television, Amir Liaquat Hussain, declared that Islamic teachings 
necessitated the killing of members of the Ahmadi sect and prompted two 
religious scholars who were guests on the program to affirm the 
injunction. Amir, a former minister of religious affairs in the 
Musharraf government, repeated the statement the next day. Within days, 
two local Ahmadi leaders were killed in Sindh. Two gunmen killed Dr 
Abdul Mannan Siddiqui, an Ahmadi doctor and local leader known for his 
charity work, in a Mirpurkhas hospital on September 8. The gunmen also 
shot an Ahmadi guard and two patients. A day later, gunmen killed 
another local Ahmadi leader, Seth Muhammad Yousuf, in the bazaar in 
Nawab Shah. The Pakistan Medical Association called for official 
investigations into the case, but as of year's end, the Government 
continued to stall investigation into the deaths. Local media and human 
rights organizations condemned the Geo program for inciting sectarian 
violence.
    There were no developments in the April 2006 suicide bombing at a 
Barelvi Sunni birthday celebration for the Prophet Mohammed. The 
bombing killed 59 persons and injured more than 100. A suspected member 
of Laskar-e-Jhangvi reportedly confessed to the crime, and the Karachi 
police arrested a suspect in July 2007. At year's end, the case was 
ongoing.
    There were no arrests in the September 2006 case of two assailants 
in the Muslim Bazaar of Sargodha in Punjab who killed Shia leader and 
former district President Syed Bashir Hussain Bukhtari of the outlawed 
Shia group, Tehreek-e-Jaferia Pakistan (TJP), according to Taangh 
Wasaib Tanzeem, a Sargodha-based NGO.

    b. Disappearance.--During the year politically motivated 
disappearances declined, but police and security forces continued to 
hold prisoners incommunicado and to refuse to disclose their location. 
The HRCP estimated that by November approximately 1,100 individuals 
were still missing under official detention, down from 1,600 in 2007. 
On August 27, the Ministry of Interior acknowledged that many 
individuals remain missing in Balochistan. Some disappearances were 
related to terrorism and national security, and human rights 
organizations reported many Sindhi and Baloch nationalists were among 
the missing. According to Amnesty International (AI), children also 
disappeared with their relatives.
    Then President and Chief of Army Staff Musharraf's decision in 
November 2007 to abrogate the constitution and fire the Supreme Court 
effectively prevented continued action on the approximately 600 
disappearance cases the court was reviewing as part of then Chief 
Justice Chaudhry's efforts to have the Government release or regularize 
the detention status of prisoners that various security agencies held 
incommunicado.
    Osama Waheed allegedly disappeared in Karachi on September 14 
according to his brother, who filed a petition with the Sindh High 
Court. Police denied arresting Waheed, but the division bench of the 
high court ordered the Karachi police to investigate further. At year's 
end, Waheed was still missing.
    Men in plain clothes picked up Zeeshan Jalil on October 18 in 
Karachi according to his wife, who filed a petition before the Sindh 
High Court to determine his whereabouts. Police denied arresting Jalil, 
but the division bench of the high court ordered Karachi police to 
investigate further. At year's end, Jalil was still missing.
    Waheed Kambarani and Sherdil Khan, who were seized at a restaurant 
in Khuzdar, Balochistan, in June 2007 and held in an unknown location 
for a month, remained incarcerated and the details of the charges 
against them were unavailable. They appeared in a Khuzdar detention 
center in December 2007.
    In August authorities released Abdul Rauf Sasoli and Saeed Barohi 
following their arrest in February 2006. Both were members of the 
Baloch nationalist Jamhoori Watan Party, and Sasoli was elected 
Secretary General of the Aali Bugti Faction of the Jamhoori Watan 
Party.
    On May 1, authorities released Dr. Safdar Sarki, who had 
disappeared in February 2006 after he was seized by a group of 16 men 
presumed to be plain clothes security officers. Sarki, a U.S. citizen 
with dual nationality, first reappeared in court in October 2007 in 
southern Balochistan. Before releasing him, officials moved Sarki to a 
prison in Zhob, a remote area of northern Balochistan.
    AI reported that since the state of emergency in 2007, there were 
no developments in the well-publicized cases of Atiq-ur Rehman, a 
scientist and officer of Pakistan's Atomic Energy Commission who 
disappeared in 2004, or Syed Nasir Ali Shah, who disappeared in April 
2007. AI also reported that an inmate who was later released, Dr. Imran 
Munir, said he saw Masood Janjua in detention in 2006, after his 
disappearance in 2005.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other cruel, inhuman, or 
degrading treatment; there were reports, however, that security forces, 
including intelligence services, tortured and abused individuals in 
custody. Under provisions of the Anti-Terrorism Act, coerced 
confessions are admissible in antiterrorism courts. The NGO SHARP 
reported 1,013 cases of torture by police between January and June, 
including approximately 500 cases by the Punjab police and nearly 350 
cases by the Sindh police. Observers noted that underreporting of 
torture is prevalent in the NWFP and Balochistan due to local customs. 
Alleged torture occasionally resulted in death or serious injury.
    Human rights organizations reported methods including beating with 
batons and whips, burning with cigarettes, whipping soles of the feet, 
prolonged isolation, electric shock, denial of food or sleep, hanging 
upside down, and forced spreading of the legs with bar fetters.
    Security force personnel reportedly raped women during 
interrogations. The Government rarely took action against those 
responsible. Before the 2006 Women's Protection Act, the Hudood 
Ordinances allowed Koranic punishments for violations of Shari'a 
(Islamic law), including amputation and death by stoning. There were no 
reports that authorities imposed such punishments during the year.
    On March 14, according to an Asian Human Rights Commission (AHRC) 
report, police arrested an unnamed 17-year-old girl in Faisalabad 
alleging she murdered her fiance. AHRC alleged she was tortured, held 
naked in police detention 16 days without appearing in court, twice 
raped by police investigator Shujat Ali Malhi, and threatened with gang 
rape. At the end of March, according to the AHRC, authorities also 
arrested her elder sister without charge or court mandate and tortured 
her.
    On August 6, according to local media, police in Hyderabad executed 
a warrantless raid on the home of Agha Mahboob Ahmed, who was arrested 
on suspicion of involvement in a bank robbery. He was taken to and 
allegedly tortured at the Hyderabad Criminal Investigation Agency 
center.
    In September 2007 an influential member of the local community 
mediated a resolution in the January 2007 arrest in Sindh of Hazoor 
Buksh Malik for not possessing a national identity card while he was in 
a market. During his detention, he alleged that the Station House 
Officer (SHO), Mohammad Tunio, tortured him by severing his genitalia.
    Five police officers arrested in the February 2007 Lahore gang rape 
of a woman at a vehicle checkpoint remained in prison and the case was 
ongoing at year's end. After the family pursued the case in the Lahore 
Police Administration, all five officers were found guilty and arrested 
under the Women's Protection Bill. The Aurat Foundation, a women's 
rights NGO, reported that the men remained in custody at year's end.
    There were no developments in the case of Mubarik Ali, who was 
arrested in July 2007 after he submitted a complaint about the behavior 
of a local police official. While he was in custody, police reportedly 
beat him with iron rods and clubs, causing loss of eyesight and loss of 
his left leg. After the case garnered media attention, police 
investigated and suspended three police personnel. The accused 
personnel disappeared in August, however, and the family alleged police 
allowed them to escape.
    No official action was taken against officers involved in the June 
2006 sexual assault of Shahnaz Fatima and Javeria Alam in Islamabad, or 
against police officers involved in the alleged beating and torture of 
Gul Waiz in Adiala Jail in July 2006.
    By year's end, no charges had been brought against SHO Sadaat Ali 
for his alleged involvement in torturing Arif Ali and Irfan Ali in 
Multan in 2006.

    Prison and Detention Center Conditions.--Prison conditions were 
extremely poor and failed to meet international standards. Overcrowding 
was widespread, except for cells of wealthy or influential prisoners. 
According to SHARP, nearly 90,000 prisoners occupied 87 jails 
originally built to hold a maximum of 36,075 persons.
    Inadequate food and medical care in prisons led to chronic health 
problems and malnutrition for those unable to supplement their diet 
with help from family or friends. Foreign prisoners often remained in 
prison long after completion of their sentences because they were 
unable to pay for deportation to their home countries.
    Police reportedly tortured and mistreated those in custody and at 
times engaged in extrajudicial killings. Christian and Ahmadi 
communities claimed their members were more likely to be abused. Non-
Muslim prisoners generally were afforded poorer facilities than Muslim 
inmates and often suffered violence at the hands of fellow inmates.
    On February 1, local media reported Irfan Khan, resident of Rawat 
near Rawalpindi, died of a serious digestive disorder. He reportedly 
suffered from stomach and intestinal ulcers, but jail staff refused to 
give him adequate food and medicine. Jail staff allegedly demanded 
bribes from his family for bringing him meals.
    On February 18, John Masih, a Christian inmate in Adiala prison, 
died of pneumonia. According to the Global Foundation (GF), he was 
refused adequate medical care and the jail lacked adequate facilities 
to treat his condition.
    On June 27, Idris Ahmad, an inmate at Sihala jail near Rawalpindi, 
died of a heart attack. According to GF, jailers ignored his repeated 
complaints and calls for assistance.
    Following a complaint of torture by Mirza Sarfaraaz, a death-row 
inmate in Adiala prison, the judiciary launched an inquiry into prison 
conditions and the prisons department in June. The inquiry revealed 
that prisoners who did not pay bribes were brutalized. Participating 
judges recommended the inspector general of prisons establish a joint 
judicial and departmental commission to examine the matter further. By 
year's end, there were no new developments.
    There were reports of prison riots, largely due to the poor living 
conditions inside prisons. For example, on September 15, inmates rioted 
after authorities refused to allow death-row inmate Muhammad Yousaf to 
attend his mother's funeral and beat him in front of other prisoners 
for making the request. The Sindh prisons inspector suspended both the 
jail deputy superintendent and assistant superintendent because of the 
riots.
    On October 4, prisoners in Hyderabad central jail rioted over a 
lack of basic facilities and alleged official corruption. More than 
1,000 prisoners broke out of their cells and protested both the 
solitary confinement of 40 prisoners and basic conditions of 
confinement. Police injured four inmates in the clashes. Prisoners only 
ended their siege after they received a written statement from 
officials ensuring they would not be tortured. The Sindh attorney 
general promised an investigation of allegations of torture.
    In October, rioting also erupted in the Karachi, Multan and 
Timergara prisons. According to Global Foundation (GF), an NGO working 
on prison issues, 20 deaths were reported in Rawalpindi's Adiala Prison 
through August due to lack of basic facilities.
    Prison officials kept child offenders in the same facilities as 
adults but in separate barracks. Police often did not segregate 
detainees from convicted criminals. Mentally ill prisoners usually 
lacked adequate care and were not segregated from the general prison 
population.
    In 2005 authorities expanded the number of special women's police 
stations with all female staff in response to complaints of custodial 
abuse of women, including rape. The Aurat Foundation reported these 
stations did not function properly due to lack of resources and lack of 
appropriate training for policewomen. Court orders and regulations 
prohibit male police from interacting with female suspects, but male 
police often detained and interrogated women at regular stations.
    Although the law contains provisions for inmate release on 
probation, scarcity of resources made this option impossible in most 
cases.
    The International Committee of the Red Cross (ICRC) had an 
agreement with the authorities on independent visits to prisons 
throughout the country, but this understanding was only partially 
honored, and ICRC visits were not taking place in the provinces of 
Punjab and Balochistan at the end of the year. Authorities at the 
local, provincial, or national level permitted some human rights groups 
and journalists to monitor prison conditions for juveniles and women 
inmates, but visits of prison conditions for male inmates, whose 
conditions were poorest, took place rarely and on an ad hoc basis.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but authorities did not always comply.

    Role of the Police and Security Apparatus.--Police have primary 
internal security responsibilities for most areas of the country. Under 
the Police Order (Second Amendment) Ordinance of 2006, control of local 
police falls under the Ministry of Interior. The provincial government 
has the power to transfer officers from their posts, however, and 
district nazims write the district police officer annual performance 
evaluation reports, which guides promotions.
    Law and order in the FATA is administered under the FCR through the 
political agent, who reports to the President through the NWFP 
governor. In lieu of police, there are multiple law enforcement 
entities that operate in FATA. These include various tribal forces: the 
paramilitary Frontier Corps, which reports to the Ministry of Interior 
in peacetime and the army in times of conflict; the Frontier 
Constabulary, which patrols the area between the FATA and the NWFP; 
levies, which operate in some FATA agencies and report to the political 
agent; khassadars, which help the political agent maintain order; and 
lashkars, tribal militias convoked by the political agent or others to 
deal with temporary law and order disturbances.
    The Rangers are a paramilitary organization under the authority of 
the Ministry of Interior.
    The armed forces are responsible for external security; at times 
during the year they were also assigned domestic security 
responsibilities.
    Corruption within the police was rampant. Low salaries and poor 
working conditions contributed to corruption, particularly for low-
level officials.
    Police were known to charge fees to register genuine complaints and 
accepted money for registering false complaints. Bribes to avoid 
charges were commonplace. Individuals paid police to humiliate their 
opponents and avenge personal grievances. Critics charge that the 
appointment of the SHO has become politicized.
    Police effectiveness varied greatly by district, ranging from 
reasonably good to ineffective. Some members of the police committed 
human rights abuses or were responsive to political interests. Frequent 
failure to punish abuses created a climate of impunity. Police and 
prison officials frequently used the threat of abuse to extort money 
from prisoners and their families. The inspectors general, district 
police officers, district nazims, provincial interior or chief 
ministers, federal interior minister, prime minister, or the courts can 
order internal investigations into abuses and order administrative 
sanctions. Executive branch and police officials can recommend and the 
courts can order criminal prosecution, and these mechanisms were 
sometimes used.
    The Punjab provincial government initiated regular training and 
retraining of police at all levels, both in technical skills and human 
rights. The Karachi city government reportedly gave facilities to the 
city's human rights officers for training. During the year, at least 
three NGOs (Society for the Protection of the Rights of the Child, 
Sahil, and SHARP) trained police. In the Punjab and NWFP, public safety 
commissions were established but functioned poorly due to their vague 
mandate, according to SHARP and the GF, and due to their susceptibility 
to interference by the provincial executive, according to the 
International Crisis Group (ICG). Although district public safety 
committees existed in Punjab, Sindh, and a majority of districts in 
NWFP and Balochistan, inadequate staffing undermined their 
effectiveness. ICG also reported these committees were subject to 
political influence.
    By August 2007 the Government had converted 25 of Balochistan's 27 
districts from ``B areas'' controlled by local levy forces who obeyed 
local tribal chiefs to ``A areas'' controlled by police. Nearly 3,000 
of the 3,560 levy forces in 2006 were converted to police, and nearly 
1,500 local youth were inducted into the newly formed police force.
    Human Rights Watch (HRW) noted that individuals who did not support 
Kashmir's accession to the country were subject to abuse or harassment 
by the intelligence agencies and the military.
    Political parties reported that there was less interference from 
the Musharraf government in the months prior to the February 
parliamentary elections than occurred prior to the 2005 local 
government elections. During the campaign, the Government relied 
primarily on the police and intelligence agencies to harass political 
opponents, according to the ICG. In some districts, police officers 
arrested opposition workers on false charges and broke up opposition 
rallies.
    Police often failed to protect members of religious minorities from 
societal attacks, including Christians, Ahmadis, and Shias.

    Arrest and Detention.--A First Information Report (FIR) is the 
legal basis for any arrest. Police may issue FIRs when complainants 
offer reasonable proof a crime was committed. A FIR allows police to 
detain a named suspect for 24 hours, after which only a magistrate can 
order detention for an additional 14 days, if police show such 
detention is material to the investigation. In practice, however, 
authorities did not fully observe these limits on detention. 
Authorities frequently issued FIRs without supporting evidence to 
harass or intimidate, or they did not issue them when adequate evidence 
was provided unless the complainant paid a bribe. Police sometimes 
detained individuals arbitrarily without charge or on false charges to 
extort payment for their release. Police also detained relatives of 
wanted criminals to compel suspects to surrender.
    Police routinely did not seek magistrate approval for investigative 
detention and often held detainees without charge until a court 
challenged them. Some women in detention were sexually abused. When 
requested, magistrates usually approved investigative detention without 
reference to its necessity. In cases of insufficient evidence, police 
and magistrates sometimes colluded through issuing new FIRs to continue 
detention beyond the 14-day period provided in the law.
    Courts appointed attorneys for indigents only in capital cases. 
Individuals frequently had to pay bribes to see a prisoner. Foreign 
diplomats could meet with prisoners when they appeared in court and 
usually could meet with citizens of their countries in prison visits.
    The district coordination officer may order preventive detention 
for as long as 90 days and may extend the detention for an additional 
90 days with court approval. Human rights organizations charged that a 
number of individuals alleged to be affiliated with terrorist 
organizations were held indefinitely in preventive detention. In 
corruption cases, the National Accountability Bureau (NAB) may hold 
suspects indefinitely provided judicial concurrence is granted every 15 
days.
    The law stipulates detainees must be brought to trial within 30 
days of their arrest. Under both the Hudood and standard criminal 
codes, there are bailable and nonbailable offenses. Bail pending trial 
is required for bailable offenses and permitted at a court's discretion 
for nonbailable offenses with sentences of less than 10 years. In 
practice judges denied bail at the request of police, the community, or 
on payment of bribes. In many cases trials did not start until six 
months after the filing of charges, and in some cases individuals 
remained in pretrial detention for periods longer than the maximum 
sentence for the crime for which they were charged. Human rights NGOs 
estimated that approximately 50 percent of the prison population was 
awaiting trial.
    Until the parliamentary elections in February, the Government used 
preventive detention, mass arrests, and excessive force to quell or 
prevent demonstrations, political rallies, or civil unrest. There were 
no reports that the Government elected in February engaged in these 
practices.
    Under the FCR in the FATA, political agents have the legal 
authority to impose collective punishment, preventively detain 
individuals as long as three years, and require ``bonds'' to prevent 
undesired activity. Human rights organizations expressed concern with 
the concept of collective responsibility, as authorities used it to 
detain members of fugitives' tribes, demolish their homes, confiscate 
or destroy their property in the tribal areas and around the country, 
or lay siege to a fugitive's village pending his surrender or 
punishment by his own tribe in accordance with local tradition.
    Assistant political agents, overseen by political agents and 
supported by tribal elders of their choosing, are legally responsible 
for justice in the FATA. Militant activity and the poor security 
situation, however, have undermined their ability to hold court. 
Militants in FATA increasingly imposed their version of Shari'a law in 
makeshift courts; their punishments included public beheadings, 
stonings, lashings, and fines. (See Section 1.g.)
    In theory the political agents and their representatives are to 
conduct hearings according to Islamic law and tribal custom. The usual 
penalties consisted of fines and prison terms of as long as 14 years. 
The accused have no right to legal representation or bail.
    Political workers, and PPP members in particular, claimed to face 
increased police intimidation in the weeks after Benazir Bhutto was 
assassinated in December 2007. They alleged that police used the 
assassination as an excuse to enter homes without a warrant and file 
cases against hundreds of thousands of activists, following unrest that 
involved arson and looting.
    On March 24, newly elected Prime Minister Gilani released former 
Supreme Court Chief Justice Chaudhry from house arrest. He was the last 
individual in custody from among the 6,000 individuals whom Musharraf's 
government arrested in November 2007 during the state of emergency.
    According to the Aurat Foundation, approximately 66 percent of the 
female prison population was awaiting trial on adultery-related 
offenses under the Hudood Ordinances. With the enactment in 2006 of the 
Protection of Women (Criminal Laws Amendment) Act, more commonly known 
as the Women's Protection Act, women are not supposed to be arrested 
for rape under the Hudood Ordinance nor required to produce four 
witnesses to prove a charge of rape, as required under the zina laws 
(laws regarding extramarital sexual intercourse). The Women's 
Protection Act does not enable a woman to file a case for marital rape, 
however. After the passage of the Women's Protection Act, authorities 
released from prison 300 to 500 women due to the less harsh guidelines 
in the bill. In July 2007 the President promulgated the Law Reforms 
Ordinance, allowing women held under the Hudood Ordinance to be 
eligible for bail.
    Special rules apply to cases brought by the NAB or before 
antiterrorism courts. Suspects in NAB cases may be detained for 15 days 
without charge (renewable with judicial concurrence) and, prior to 
being charged, may be deprived of access to counsel. Despite government 
claims that NAB cases are pursued independently of an individual's 
political affiliation, opposition politicians were more likely to be 
prosecuted. The NAB did not prosecute serving members of the military 
or judiciary.
    Accountability courts may not grant bail; the NAB chairman has sole 
power to decide if and when to release detainees.
    Antiterrorism courts do not grant bail if the court has reasonable 
grounds to believe the accused is guilty. Security forces may, without 
needing court approval, restrict the activities of terrorism suspects, 
seize their assets, and detain them for as long as one year without 
charges.
    In October 2007 then President Musharraf promulgated a National 
Reconciliation Ordinance (NRO) that provided a mechanism for amnesty 
for public office holders who were charged, but not convicted, in cases 
filed for political reasons between 1986 and 1999. The ordinance was 
challenged in court, and by year's end the appeal was pending in the 
Supreme Court and 23 cases against politicians and bureaucrats had been 
withdrawn.
    In March the remaining five corruption court cases pending against 
Asif Ali Zardari were dropped in the country, and in August, Swiss 
court cases against him were also dropped, allegedly at the request of 
Pakistani authorities.
    On May 13, the new government announced that it had imposed a 
moratorium on the death penalty, although the moratorium was not 
enforced in practice. HRW reported that the June death row population 
of more than 7,000 represented one-quarter of the convicts in the 
country. In March the HRCP noted there was ``strong evidence'' that the 
death penalty was applied without regard to due process.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; in practice, however, the judiciary was subject 
to executive branch influence at all levels. This influence was 
exacerbated in the wake of the 2007 state of emergency when the judges 
of the Supreme Court and the provincial high courts were dismissed and 
only allowed back on the bench if they swore a new oath on a 
Provisional Constitutional Order instituted during the state of 
emergency.
    In June the newly elected government expanded the Supreme Court 
bench from 16 to 29 seats. By the end of the year, of the 13 Supreme 
Court justices that then President and Chief of Army Staff Musharraf 
dismissed in November 2007, the new government reinstated five under a 
new oath of office; three retired or resigned; and five remained off 
the bench, including former Chief Justice Chaudhry. Judges who remained 
off the bench maintained that swearing a new oath would affirm the 
legality of Musharraf's dismissal of the Supreme Court and provincial 
high courts in November 2007. Abdul Hameed Dogar, who assumed the post 
of Chief Justice in November 2007 after Musharraf dismissed then Chief 
Justice Chaudhry, retained the leadership position on the Supreme Court 
at year's end.
    Of the 30 deposed high court justices, 17 were reinstated under a 
fresh oath of office, and two were appointed to the Supreme Court. 
Three deposed justices retired or resigned by year's end, and eight 
remained off the bench. During the 2007 state of emergency, the 
Government called for the creation of an Islamabad High Court, which 
the Government established in February.
    Delays in justice in civil and criminal cases arose due to 
antiquated procedural rules, weak case management systems, costly 
litigation to keep a case moving in the system, and weak legal 
education. These problems undermined the right to effective remedy and 
the right to a fair and public hearing.
    There are several court systems with overlapping and sometimes 
competing jurisdictions: criminal; civil and personal status; 
terrorism; commercial; family; military; and Shariat. The Federal 
Shariat Court, according to Article 203 of the Constitution, can be 
used to examine and decide whether any law is repugnant to the 
injunctions of Islam. The passage of the Women's Protection Bill does 
not negate the possibility of Federal Shariat Court oversight in 
certain cases. The Federal Shariat Court could be used for any issue 
involving parts of the Hudood Ordinance not moved to the secular law 
provisions, including gambling, liquor possession and drinking, and 
fornication in the false promise of marriage.
    In November 2007 then President and Chief of Army Staff Musharraf 
signed an ordinance amending the Army Act of 1952 so civilians could be 
tried in special military courts. In practice the ordinance has not 
been applied. HRW noted that according to the law, court proceedings 
are to be closed to the public, investigations are to be conducted by 
military officers, and trials are to be conducted without the standard 
rules of evidence and procedures for criminal trials. The former 
government claimed the amendment was designed to apply to terrorists. 
Many human rights organizations spoke out against the amendment, saying 
civilians would face unusually severe penalties for crimes ranging from 
``public mischief'' and libel to murder.
    An amendment to the 1973 Legal Practitioners and Bar Councils Act 
during the 2007 state of emergency affected the ability of lawyers to 
represent clients without political influence. The act curtails the 
independence of the bar associations by granting the Government new 
powers to disbar lawyers involved in anti-government activities, 
according to HRW.
    Lower courts remained corrupt, inefficient, and subject to pressure 
from prominent wealthy, religious, and political figures. The 
politicized nature of judicial promotions increased the Government's 
control over the court system. Unfilled judgeships and inefficient 
court procedures resulted in severe backlogs at both trial and 
appellate levels.
    There were extensive case backlogs in both the lower and superior 
courts. As of November, the Sindh District and Sessions Courts had a 
backlog of 120,000 cases; as of September the Peshawar High Court had a 
backlog of 13,000 cases; and as of October 31, the Supreme Court had a 
backlog of 16,596 cases.
    Feudal landlords in Sindh and Punjab and tribal leaders in Pashtun 
and Baloch areas continued to hold local council meetings (known as 
panchayats or jirgas), at times in defiance of the established legal 
system. Such councils, particularly prevalent in rural areas, settled 
feuds and imposed tribal penalties on perceived wrongdoers, including 
fines, imprisonment, or even the death penalty. In Pashtun areas, such 
councils were held under the outlines of the Pashtun Tribal Code. Under 
the code, a man, his family, and his tribe are obligated to take 
revenge for wrongs real or perceived to redeem their honor. Frequently 
these disputes arose over women and land and often resulted in 
violence.
    The traditional settling of family feuds in tribal areas, 
particularly over murder cases, could involve giving daughters of the 
accused in marriage to the bereaved.
    Many tribal councils instituted harsh punishments such as the death 
penalty or watta-satta marriages (exchange of brides between clans or 
tribes). Over the past few years, there has been a growing number of 
reports of militants running their own courts in several tribal 
agencies and in Swat, and dispensing quick justice with little due 
process or transparency in their deliberations.
    The AHRC reported since 2002 more than 4,000 individuals, two-
thirds of whom were women, have died by order of jirga courts in the 
country. Although the superior courts have declared these rulings 
illegal, AHRC reports that some of those involved in implementing 
jirgas sit in parliament.

    Trial Procedures.--The civil, criminal, and family court systems 
provide for open trial, presumption of innocence, cross-examination by 
an attorney, and appeal of sentences. There are no jury trials. Due to 
the limited number of judges, heavy backlog of cases, lengthy court 
procedures, frequent adjournment, and political pressure, cases 
routinely took years, and defendants had to make frequent court 
appearances. A case started over when an attorney changes.
    The Anti-Terrorism Act allows the Government to use special 
streamlined courts to try violent crimes, terrorist activities, acts or 
speech designed to foment religious hatred, and crimes against the 
state. Cases brought before these courts were to be decided within 
seven working days, but judges were free to extend the period as 
required. Under normal procedures, the high courts and the Supreme 
Court heard appeals from these courts. Human rights activists 
criticized this expedited parallel system, charging it was more 
vulnerable to political manipulation.
    Courts routinely failed to protect the rights of religious 
minorities. Judges were pressured to take strong action against any 
perceived offense to Sunni orthodoxy. The judiciary rarely heard 
discrimination cases dealing with religious minorities.
    Laws prohibiting blasphemy continued to be used against Christians, 
Ahmadis, and members of other religious groups, including Muslims. 
Lower courts often did not require adequate evidence in blasphemy 
cases, which led to some accused and convicted persons spending years 
in jail before higher courts eventually overturned their convictions or 
ordered them freed.
    Original trial courts usually denied bail in blasphemy cases, 
claiming that since defendants faced the death penalty, they were 
likely to flee. Many defendants appealed the denial of bail, but bail 
was often not granted in advance of the trial. Lower courts frequently 
delayed decisions, were intimidated, and refused bail for fear of 
reprisal from extremist elements.
    The Federal Shariat Court is the court of first appeal in all 
Hudood cases that result in a sentence of more than two years. The 
Supreme Court has ruled, however, that in cases in which a provincial 
high court decides in error to hear an appeal in a Hudood case, the 
Federal Shariat Court lacks authority to review the provincial high 
court's decision.
    The Shari'a bench of the Supreme Court is the final court of appeal 
for Federal Shariat Court cases. A 2005 ruling allows the full Supreme 
Court to bypass the Shari'a bench and assume jurisdiction in such 
appellate cases in its own right. The Federal Shariat Court may 
overturn legislation it judges to be inconsistent with Islamic tenets, 
but such cases are appealed to the Shari'a bench of the Supreme Court 
and ultimately may be heard by the full Supreme Court.
    The separate legal system in the FATA, the FCR, recognizes the 
doctrine of collective responsibility.
    Tribal leaders were responsible for justice in the FATA. They 
conducted hearings according to Islamic law and tribal custom. The 
accused have no right to legal representation, bail, or appeal. The 
usual penalties consisted of fines. Federal civil servants assigned to 
tribal agencies oversaw proceedings and could impose prison terms of as 
long as 14 years. Under the FCR, FATA residents may appeal judgments 
within the civil bureaucracy. Some observers faulted the procedures for 
not allowing cases to be heard on appeal by the judiciary.
    Human rights NGOs also expressed concern with the concept of 
collective responsibility, as authorities used it to detain members of 
fugitives' tribes, demolish their homes, confiscate or destroy their 
property, or lay siege to a fugitive's village pending his surrender or 
punishment by his own tribe in accordance with local tradition.
    Reports of religious extremists and militants forming parallel 
administrations, including justice administrations, in FATA increased 
during the year. Public executions were the most visible manifestation 
of this trend.
    The Provincially Administered Tribal Areas (PATA) of NWFP, which 
include the former princely states of Swat, Dir, and Chitral, fall 
under the jurisdiction of the Nizam-e-Adl Regulation, 1999, more 
commonly known as Shari'a Law. Under its provisions, judges, known as 
qazis, are assisted by religious scholars.
    Azad Kashmir has a court system independent of the country's 
judiciary.
    The Northern Areas also have a unique judicial system. ICG noted in 
a 2007 report that the judicial institutions of the Northern Areas are 
subservient to the will of the federally appointed chief executive 
given the special administrative structure of the region. Laws of the 
country are extended to the Northern Areas at the discretion of the 
Ministry for Kashmir and Northern Areas (KANA). The Northern Areas 
Chief Court does not have all the powers of a high court, but a Court 
of Appeals was established in 2005 following a 1999 Supreme Court 
ruling.

    Political Prisoners and Detainees.--Some political groups claimed 
their members were marked for arrest based on their political 
affiliation or beliefs.
    According to Baloch nationalist political leaders and human rights 
organizations, military intelligence and security forces detained 1,000 
to 1,500 Baloch political prisoners since the military operation began 
in the province in 2004. The exact number of prisoners was unavailable 
because many were held incommunicado. The Government acknowledged that 
1,100 of the disappeared were in its custody, and it was widely 
believed there were hundreds of Sindhi and Baloch nationalist leaders 
and activists among them (See Section 1.b.).
    On February 2, the AHRC reported that a provincial minister in 
Punjab allegedly ordered the assault, arrest, and detention of six 
student activists and teachers in Lahore. The activists were organizing 
a demonstration to celebrate the release of Aitzaz Ahsan, then 
President of the Supreme Court Bar Association. The police reportedly 
did not file charges against the minister or his subordinates, and the 
mayor allegedly defended the minister's actions.
    On May 28, in Karachi, security officials in plain clothes 
rearrested Ghulam Mohammed Baloch, leader of the Baloch Nationalist 
Front, after he led a demonstration against the country's nuclear 
tests. According to press reports, police brought a preliminary case 
against him for the speech he gave in Karachi. He had previously 
disappeared in May 2006 and was reportedly tortured while in 
incommunicado detention. By year's end, authorities released Mohammed.
    On February 23, authorities released Munir Mengal, who was detained 
for 22 months for his attempt to launch a Baloch satellite television 
station. By year's end, he had fled the country. In December he 
recounted to Reporters without Borders (RSF) that military intelligence 
personnel tortured him while he was held and that he was subjected to 
sleep deprivation.
    On May 9, a Sindh antiterrorism court ordered the release of Baloch 
nationalist leader Sardar Akhtar Mengal. He was arrested in November 
2006, days before his scheduled march across Balochistan to protest the 
August 2006 killing of Nawab Akbar Khan Bugti by military forces. In 
December 2006 a Karachi antiterrorism court charged Mengal for an 
alleged April 2006 kidnapping of two military intelligence personnel. 
The HRCP complained they were banned from attending Mengal's trial 
after they protested his confinement behind iron bars in the courtroom 
and his denial of access to his family.

    Civil Judicial Procedures and Remedies.--Persons may petition high 
courts to seek redress for human rights violations, and courts often 
take such actions. Individuals may seek redress in civil courts against 
government officials, including on grounds of denial of human rights in 
civil courts. Observers reported civil courts seldom if ever issued 
official judgments in such cases, however, and most cases were settled 
out of court. Although there were no official procedures for 
administrative redress, informal reparations were common.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law requires court-issued search warrants for 
property but not for persons. Police routinely ignored this requirement 
and at times stole items during searches. Police were seldom punished 
for illegal entry. In cases pursued under the Anti-Terrorism Act, 
security forces were allowed to search and seize property related to 
the case without a warrant.
    The Government maintained several domestic intelligence services 
that monitored politicians, political activists, suspected terrorists, 
the media, and suspected foreign intelligence agents. These services 
included the ISI, the Intelligence Bureau, the police Special Branch, 
and Military Intelligence. Despite a Supreme Court order, credible 
reports indicated the authorities routinely used wiretaps and 
intercepted and opened mail without the requisite court approval. They 
were also suspected of monitoring mobile phones and electronic 
correspondence.
    In accordance with the Anti-Terrorism Act of 1997, the Government 
banned the activities of and membership in several religious extremist 
and terrorist groups. Some of the banned groups changed their names and 
remained active, including: Jaish e Muhammad (new name: Tehrikul Furqan 
& Al Rehmat Trust); Tehrik e Ja'afria Pakistan (new name: Tehrik e 
Islami Pakistan); and Sipah e Sihaba Pakistan (new name: Millat e 
Islamia Pakistan). Lashkar e Taiba regrouped under the new name Jamaat 
ud-Dawa but was again banned in December in response to its designation 
as a Foreign Terrorist Organization under UN Security Council 
resolution 1267. On August 25, the Government labeled Tehrik-e-Taliban 
Pakistan (TTP) a terrorist organization and ordered the State Bank to 
freeze all the organization's accounts. The TTP is a militant umbrella 
organization formed in December 2007 by Baitullah Mehsud.
    Although the Government generally did not interfere with the right 
to marry, local officials on occasion assisted influential families to 
prevent marriages the families opposed. The Government also failed to 
prosecute vigorously cases in which families punished members 
(generally women) for marrying or seeking a divorce against the wishes 
of other family members. Upon conversion to Islam, women's marriages 
performed under the rites of their previous religion were considered 
dissolved, but the marriages of men who converted remained intact.
    In some cases authorities detained relatives to force a family 
member who was the subject of an arrest warrant to surrender. NGOs 
alleged that intelligence personnel often harassed family members of 
Baloch nationalists. Collective punishment, which involved detention of 
relatives or members of the same tribe, took place in FATA under the 
Frontier Crimes Regulation.
    On November 24, police in Sindh detained eight women and four 
children to force one of their male relatives to surrender, according 
to the AHRC. A bench of the Sindh High Court adjourned a constitutional 
petition on the case on December 23.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year, security deteriorated throughout the country, as 
foreign al-Qaida, Afghan Taliban, TTP, and local extremist groups 
attacked civilians and security forces. The Government responded by 
launching multiple military operations using aerial bombardment and 
ground troops, most notably in Swat in NWFP and Bajaur and Mohmand 
agencies in FATA. Independent observers estimated that there were 
approximately 1,150 civilian deaths due to military actions in NWFP and 
FATA. There were over 200 terrorist attacks, including more than 65 
suicide bombings, which killed an estimated 970 civilians and security 
personnel.
    Due to poor security, intimidation by security forces and 
militants, and the control that the Government and security forces 
exercised over access by non-residents to FATA, human rights 
organizations and journalists found it difficult to report on abuses in 
military theaters.
    Multiple sources reported that imprecise use of ground artillery 
and aerial bombardment by security forces resulted in extensive 
civilian casualties and collateral damage, both in FATA and in Swat. 
Militants imposed fines and carried out public beheadings, public 
displays of dead bodies, stonings, and lashings.
    Approximately 700 persons were killed in Sunni-Shia sectarian 
violence in Kurram Agency of FATA, mostly between August and the 
conclusion of a peace accord on October 16, according to press reports. 
The HRCP noted that the bodies of some of those killed were dismembered 
and left by the road and that ambulances were targeted in the attack.
    A low level insurgency also continued in Balochistan. According to 
NGOs and media reports, at least 800 militants, approximately 125 
civilians, and 91 members of the security forces died as a result of 
the ongoing insurgency between the beginning of the year and late 
November. According to the AHRC, more than 100 individuals were killed 
in July and August alone and more than 20,000 were displaced. The last 
government-released official figures recorded the total number of 
deaths at 158 in 2006.

    Killings.--On May 29, the HRCP noted that a ``large number of non-
combatants have been targeted and killed by the security forces and so 
far, no inquiry or investigation has been carried out.''
    On September 23, the security forces fired on a crowd of civilians 
in Swat who had gathered to protest the killing of a woman and two 
children at the hands of the security forces earlier in the day. At 
least five civilians were killed.
    Militants staged suicide attacks during the year in the FATA, NWFP, 
and the rest of the country. The highest profile attacks included the 
March 4 suicide bombing that killed 43 antimilitant tribal elders at a 
peace jirga in Darra Adam Khel in FATA; the August 21 bombing of an 
ordnance factory in Wah Cantonment in Punjab that left 60 dead; the 
September 20 bombing of the Marriott Hotel in Islamabad that killed 53; 
an October 2 suicide attack in Charsadda on ANP President Asfandyar 
Wali Khan that killed four individuals but left Khan unharmed; and an 
October 10 suicide attack on Ajingin in the tribal agency of Orakzai 
that killed more than 100.
    Other attacks included a December 5 bomb blast in Peshawar that 
killed at least 22 individuals and wounded more than 90; the July 7 
bombing in Islamabad that killed 18 policemen on the first anniversary 
of the Lal Masjid operation; the March 4 bombing at the Lahore naval 
academy, which killed eight; and the bombing of a train in Bahawalpur, 
southern Punjab, which killed six.
    The security situation in the FATA and parts of NWFP deteriorated 
significantly. During the year, the TTP and their courts beheaded 
civilians and security officials. On April 28 a policeman was beheaded 
in South Waziristan for allegedly spying for security forces; on August 
14 a government official was beheaded in Miranshah; on August 20 two 
alleged prostitutes taken from Peshawar were killed; and on September 8 
two other alleged prostitutes were killed and their bodies were dumped 
near Peshawar.
    Sectarian killings related to the conflict were most severe in 
Kurram Agency in FATA. The most prominent attacks included the June 19 
beheading and mutilation of 11 truck drivers abducted while attempting 
to deliver relief supplies to Parachinar, which is majority Shia, and 
the August 19 TTP attack near the emergency ward of a hospital in Dera 
Ismail Khan in NWFP, killing 32 who were mourning the recent killing of 
a local Shia leader.
    At year's end, the case of the September 2007 assassination of 
Maulana Hassan Jan, a prominent and well-respected Deobandi religious 
scholar who had declared suicide attacks ``un-Islamic,'' remained open. 
Police arrested 13 suspects in September 2007, but there were no 
further developments in the case.
    At year's end, three members of Lashkar-e-Jhangvi, a banned Sunni-
Deobandi militant organization, were on trial for a 2006 suicide 
bombing attack on a Shia congregation marking the Ashura festival in 
Hangu. The bombing killed 29 individuals and injured more than 50.
    The security situation in Balochistan remained unstable. Landmines 
in Balochistan killed civilians, including children, in Dera Bugti, 
Kohlu, Noshki, and Sui, among other areas of the province.
    On March 30, security forces reportedly attacked Langu and Sagari 
with helicopter gunships and heavy artillery. Four women and 12 
children died during the operation, according to press reports.
    On April 5, military officers allegedly arrested four people in 
Dera Bugti district, according to the AHRC, which claimed the officers 
put four people in hot coal tar after failing to get a confession from 
the victims. Three reportedly died instantly and the fourth, Jaffer 
Khosa, died in custody seven days later.
    On June 14, unidentified gunmen opened fire on a van in Quetta, 
killing seven soldiers, one police constable, and one passer-by. The 
gunmen also shot two policemen on a motorcycle. One later died, and the 
other was seriously injured. In September police arrested three persons 
in connection with the killing, including two alleged members of the 
Balochistan Liberation Army.
    On August 25, in Turbat, Balochistan, Frontier Corps personnel 
allegedly killed a civilian, Altaf Buledi, when they fired on an 
unarmed crowd gathered to demonstrate on the second anniversary of the 
death of Nawab Akbar Bugti, according to Baloch Web sites. Among the 
injured were four journalists, two from shooting and two from tear gas 
burns.
    At year's end there were no developments in the case of the 
December 2007 killing of Mir Balach Marri, the son of Baloch leader 
Nawab Khair Bux Marri. It was unknown whether he was killed in the 
country or in Afghanistan.
    During the year, authorities did not conduct an official 
investigation into the 2006 death of Baloch nationalist leader Nawab 
Bugti, who was killed along with 35 followers and five military 
personnel. Media reported Bugti and his followers died in an air force 
bombing raid.

    Abductions.--Criminal groups, some with ties to militant groups, 
expanded extortion and kidnapping activities throughout the country. 
Diplomats, foreign nationals, religious minorities, and NGO workers 
were among those targeted.
    The most prominent attacks included the November 13 abduction in 
Peshawar of Hashmatullah Attaarzadeh, the Iranian commercial attache 
(not released at year's end); the November 11 kidnapping of Khadija 
Abdul Qahaar, a Canadian freelance journalist and Web site publisher, 
in Bannu district, NWFP (not released at year's end); the September 22 
abduction in Peshawar of Abdul Khaliq Farahi, the Afghan ambassador 
designate to Pakistan (not released at year's end); the August 29 
kidnapping of two Chinese engineers from Lower Dir in NWFP along with 
their guard and driver, for which TTP claimed responsibility (the guard 
and driver were released on September 15, one engineer escaped on 
October 17, and the other remained in captivity at year's end); the 
August 1 abduction of five Christians in South Waziristan (still 
missing at year's end); the June 21 abduction of 17 Christians in 
Peshawar by Lashkar-e-Islam (released on June 22); the February 11 
abduction in Khyber Agency of Tariq Azizuddin, Pakistani ambassador to 
Afghanistan (released on May 16); and the January 4 abduction of five 
Christians in South Waziristan (released three days later).
    On June 14, Jundallah, an Islamic militant group, claimed 
responsibility for the abduction of 16 Iranian guards at the border in 
southern Balochistan. Media reports indicated that the hostages were 
held in the country.

    Other Conflict-Related Abuses.--After a bombing campaign began in 
Bajaur Agency in August, the Government dropped leaflets urging the 
civilian population to flee the area. Civilians expressed dismay that 
the leaflets were dropped only after several days of aerial 
bombardment. Militants subsequently attempted to prevent civilians from 
leaving the area so they could be available as human shields, according 
to press reports.
    Military operations created hardships for the local civilian 
population when militants closed key access roads and tunnels and 
attacked communications and energy networks, disrupting commerce and 
food and water distribution networks. In some areas, including Swat, 
security forces imposed curfews. Militants destroyed more than 150 
girls' schools, particularly in Swat, and forced the closure of more 
than 200 barber shops and stores selling western CDs and videos in FATA 
and NWFP.
    In response to a suicide bombing and ongoing Sunni-Shia violence in 
Dera Ismail Khan, the NWFP government on August 20 cancelled permission 
to hold political gatherings and religious ceremonies. These 
restrictions remained in place at year's end.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and citizens generally were free to discuss 
public issues. The Government often impeded criticism, however, by 
monitoring political activity and controlling the media. A government 
ordinance to restrict the freedom of television and radio imposed 
during the 2007 state of emergency remained in effect, but the new 
government did not enforce it. Journalists and their families were 
arrested, beaten, and intimidated, leading many to practice self-
censorship.
    There were numerous independent English and Urdu daily and weekly 
newspapers and magazines. The Ministry of Information controlled and 
managed the country's primary wire service, the Associated Press of 
Pakistan, the official carrier of government and international news to 
the local media. The few small privately owned wire services practiced 
self-censorship. The military had its own press wing, Inter Services 
Public Relations, as well as two sections to monitor the press. There 
were no newspapers published in the FATA. Owners of newspapers and 
periodicals had to receive permission from the Kashmir Council and 
Ministry of Kashmir Affairs to publish within Azad Kashmir. According 
to many observers, these bodies were unlikely to grant permission to 
publications sympathetic to an independent Kashmiri cause.
    Foreign magazines and newspapers were available, and many 
maintained in-country correspondents who operated freely, although some 
had difficulty receiving visas allowing them to work as journalists.
    The Government directly owned and controlled Pakistan Television 
and Pakistan Broadcasting Corporation, which ran radio stations 
throughout the country. Both reflected government views in news 
coverage.
    The PPP government did not enforce restrictive amendments to the 
Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance that 
the previous government promulgated. Offenses under the amended PEMRA 
ordinance include covering terrorists; propagating opinions that run 
counter to the ideology of the state; criticizing the head of state, 
members of the armed forces, or other key branches of government; and 
live coverage of violence or conflict.
    Changes made by the former government that increased executive 
control over the print media remained in effect.
    Private cable and satellite channels broadcast domestic news 
coverage and were critical of the Government, despite some self-
censorship. Independent television stations shut down during the 2007 
state of emergency were allowed back on the air after signing a 
``voluntary'' code of conduct limiting what they could discuss on air. 
Geo TV initially refused to sign the code of conduct, and the 
Government responded by blocking cable distribution of the channel 
until January 20.
    PEMRA authorities banned private television channels from airing 
live coverage of the February 18 elections and broadcasting unconfirmed 
poll results, except those provided by the presiding officers. The 
media aired real-time results despite the ban.
    In June PEMRA authorities reportedly restricted a popular program 
of Aaj-TV News in many parts of Sindh and Punjab when the program 
addressed the Government's policy on the Kalabagh Dam.
    Private radio stations existed in major cities, but their licenses 
prohibited news programming. Some channels evaded this restriction 
through talk shows, although they were careful to avoid most domestic 
political discussions. International radio broadcasts, including the 
BBC and the Voice of America, were available.
    The PEMRA ordinance did not extend to FATA or the PATA of NWFP. 
Independent radio stations were not allowed to broadcast in FATA, 
although militants and religious figures operated approximately 100 
illegal stations.
    As of December 23, there were 40 attacks against the media and 
journalists as of December 23, according to the NGO Intermedia. At 
least 13 journalists were killed and 40 abducted or arrested (only one 
arrest was reported after the PPP-led coalition took over the 
Government). There were 118 cases of intimidation, and four attacks on 
media property. Approximately 89 journalists and media organizations 
had ongoing cases in court.
    During the year media outlets, journalists, and journalists' 
families were the targets of attacks and intimidation by security 
forces, political parties, militants, and unidentified groups. 
Journalists were also abducted. Newspapers frequently criticized the 
Government, political leaders, and military operations. Media outlets 
that did not self-censor were at times the targets of retribution.
    On February 6, four policemen in Sialkot stopped and searched 
journalist Auon Sahi. During the interaction, police physically 
assaulted him; he filed an official complaint. District Police Officer 
Amin Wains reportedly suspended the four constables involved and 
ordered a departmental inquiry.
    On February 9, unknown gunmen killed Dr. Abdus Samad, also known by 
his pen name, Dr. Chishti Mujahid, a columnist for Akbar-e-Jehan in 
Quetta, Balochistan. The Baloch Liberation Army later claimed 
responsibility and claimed the killing came in retaliation for Dr. 
Samad's sabotage of the Baloch independence movement.
    On May 9, the Supreme Court in a suo moto action ordered Geo TV and 
Jang, the Urdu-language affiliated newspaper, to cease reporting on the 
restoration of the judiciary and ongoing court proceedings, according 
to the Committee to Protect Journalists (CPJ). The Supreme Court later 
withdrew the notice and asked the media to confirm their stories with 
the courts before making them public.
    On May 22, Muhammad Ibrahim Khan, a reporter for privately owned 
Express TV and the Urdu newspaper Express, was killed as he returned 
from an interview in Bajaur with militant leader Maulvi Omar. Witnesses 
said the assailants took Khan's mobile phone, video footage of the 
interview, camera, and notes before shooting him.
    On September 7, the local anchor of a religious affairs program on 
Geo TV, Amir Liaquat Hussain, declared that Islamic teachings 
necessitated the killing of members of the Ahmadi sect. Within days, 
two local Ahmadi leaders were killed in Sindh (See Section 1.a.).
    On November 8, security forces in Swat shot and killed Qari 
Muhammad Shoaib, a reporter for local newspaper Khabar Kar. A passenger 
in the vehicle Shoaib was driving said the security personnel shot 
without warning; the military claimed they fired warning shots.
    On November 14, two journalists, one of whom was a Japanese 
national, were shot multiple times in Peshawar after returning from an 
interview with a Taliban commander in nearby Khyber Agency. Sami 
Yousafzai, an international correspondent, and Yatsukura Motoki, the 
Islamabad bureau chief for Asahi Shimbun, both survived the attack. At 
year's end, the police had not arrested any suspects.
    By year's end, no arrests were made in the January 2007 killing of 
Makhdoom Hashmi, editor of Sindhi-language newspaper Daily Nijat. 
Hashmi was critical of many local feudal landlords and opposed their 
political practices. Before his death he claimed that he received 
threats and that provincial authorities had denied his requests for 
protection.
    The political agent of Khyber Agency in the FATA detained 44 
tribesmen in the agency under the collective punishment provision of 
the FCR for the January 2007 kidnapping of Sohail Qalandar, a Peshawar-
based journalist with Daily Express, and his companion. The two were 
released after 50 days in captivity and told human rights observers 
they had been mistreated, malnourished, and drugged. The political 
agent subsequently released the tribesmen.
    There were no developments in the case of Lal Malhi, a journalist 
who produced a documentary on disappearances in Balochistan and was 
threatened in March 2007 by security services. After local community 
members protested, police promised to charge the security officer but 
did not take action against the security officials.
    In April 2007 militants in South Waziristan killed four family 
members of Din Muhammad, a reporter for the Urdu-language newspaper 
Inkishaf, and kidnapped three others, according to RSF. During the 
year, Muhammad continued to be intimidated, and the Government provided 
limited security and nominal financial compensation. Muhammad did not 
fully resume his work as a journalist.
    By year's end authorities had not made any arrests in the May 2007 
case in which two unidentified men assaulted and beat the editor in 
chief of the South Asia News Agency, Shakeel Ahmed Turabi, due to his 
coverage of the Supreme Court chief justice crisis in Islamabad.
    No one was arrested during the year for the attack on the Aaj TV 
station and property in Karachi as the station broadcast violent 
demonstrations live in May 2007. The President of the Karachi Union of 
Journalists blamed the MQM, but MQM officials denied it.
    There were no new developments in the case of Daily Mashriq 
correspondent Nasarullah Afridi, whose home local militants targeted 
with hand grenades in May 2007 for his reporting on militant activities 
in Khyber Agency. Local authorities intervened in the case on his 
behalf and negotiated a settlement.
    By year's end, no arrests were made in the September 2007 case in 
which an unidentified man beat Turabi's 14-year-old son, Hassan 
Sharjil, in Islamabad. According to the CPJ, the man told Hassan, ``We 
warned your father to stop writing lies, but he wouldn't listen. This 
will teach him a lesson.''
    Despite a Peshawar High Court Justice's call for a further probe, 
there were no developments in the investigation of the death of 
Hayatullah Khan, who was killed in June 2006 after his abduction in 
December 2005, or in the death of his widow, who was killed by a bomb 
in her home in November 2007.
    Police did not identify a suspect in their investigation of the 
September 2006 murder of journalist Maqbool Hussain Siyal in Dera 
Ismail Khan. Siyal worked for the Pakistani Online News Network and was 
on his way to interview a leader of the PPP.
    The Anti-Terrorism Act prohibits the possession or distribution of 
material designed to foment sectarian hatred or material obtained from 
banned organizations. According to Intermedia, there were seven cases 
of crackdowns on radical publications during the year: three in Punjab, 
and two each in NWFP and Sindh.
    Foreign books must pass government censors before being reprinted, 
but in practice there were no reports of book bans during the year. 
Books and magazines may be imported freely but are subject to 
censorship for objectionable sexual or religious content.
    Obscene literature, a category the Government defines broadly, was 
subject to seizure. Television and radio stations broadcast dramas and 
documentaries on previously taboo subjects, including corruption, 
social privilege, narcotics, violence against women, and female 
inequality.

    Internet Freedom.--Although there were no reports that the 
Government limited public access to the Internet, it attempted to 
control some extremist and Baloch Web sites based in the country. The 
International Telecommunication Union claimed there were more than 17.5 
million Internet users in the country as of March, and service existed 
in nearly all of the country's urban and semi-urban areas.
    Local sources reported that authorities continued to ban two Web 
sites that advocated independence for Balochistan: Balochvoice and 
Walochwarna.
    On February 24, the Pakistan Telecommunication Authority (PTA) 
ordered Internet service providers to block the Web site YouTube, 
allegedly because of blasphemous content. This disabled the site around 
the world for a few hours, although the PTA claimed the problem abroad 
was due to a malfunction outside the country. Authorities lifted the 
block within the country on February 26.
    On November 6, President Zardari issued the Prevention of 
Electronic Crimes Ordinance, stipulating that cyber terrorism resulting 
in a death would be punishable by the death penalty or life 
imprisonment.

    Academic Freedom and Cultural Events.--The Government generally did 
not restrict academic freedom, but the atmosphere of violence and 
intolerance fostered by student organizations, typically tied to 
political parties, continued to limit academic freedom. On some 
university campuses in Karachi, armed groups of students, most commonly 
associated with the All Pakistan Mutahidda Students Organization 
(affiliated with the MQM) and the Islami Jamiat Talaba (affiliated with 
the JI), clashed with and intimidated other students, instructors, and 
administrators over issues such as language, syllabus content, 
examination policies, grades, doctrines, and dress.
    These groups frequently facilitated cheating on examinations, 
interfered with the hiring of staff, influenced admissions to the 
universities, and sometimes influenced the use of institutional funds. 
Such influence generally was achieved through a combination of protest 
rallies, control of the campus media, and threats of mass violence. In 
response, university authorities banned political activity on many 
campuses, but with limited effect.
    On March 31, the Rangers assaulted Dr. Riaz Ahmed, Professor of 
Applied Chemistry at Karachi University, while they were posted at the 
institution following a clash between student groups. According to the 
HRCP, the Rangers blocked his departure from the campus and hit him 
with batons, leaving him with severe injuries. Authorities did not take 
action against the Rangers.
    On April 22, the Baloch Liberation Army killed University of 
Balochistan Pro-Vice Chancellor Dr. Safdar Kayani, accusing him of 
being ``Punjabi.'' The university and the Bolan Medical College closed 
for a day to mourn his death. The atmosphere on campus remained uneasy 
during the year, but campus violence did not hinder academic 
activities. Seven student organizations at the university created a 
code of conduct for students to check political interference in the 
educational institutions of the province.
    The Ministry of Culture operated the Central Film Censor Board, 
which previewed all foreign and domestic films before exhibit in the 
country. In practice, however, no movie was banned during the year.
    There was no government interference on art exhibitions or other 
musical or cultural activities.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and freedom of association, subject to 
restrictions imposed by law.

    Freedom of Assembly.--Although the constitution provides for this 
right, in practice the Government placed selective restrictions on the 
right to assemble. By law, district authorities can prevent gatherings 
of more than four people without police authorization. Separately, 
Ahmadis have been prohibited from holding conferences or gatherings 
since 1984.
    Unlike in 2006, there were no reports the Government permitted 
banned religious extremist organizations to hold rallies during the 
year.
    Police often used preventive detention and excessive force against 
demonstrators, members of civil society, political activists, and 
journalists.
    On January 13, police used excessive force against peaceful civil 
society activists who were protesting the house arrest of retired 
Justice Rana Bhagwandas outside his residence in Karachi. According to 
the HRCP, male policemen behaved inappropriately with female 
demonstrators, charged male protestors with batons, and arrested eight 
activists.
    On February 21, police used excessive force against a peaceful 
demonstration of lawyers outside the city court in Karachi, where they 
demanded the restoration of disposed judges, independence of the 
judiciary, and rule of law. According to the HRCP, the police and 
others in plain clothes fired tear gas on the lawyers, charged them 
with batons, and arrested nine, injuring five. There were no reports of 
an investigation.
    On July 15, the Rangers disrupted a peaceful demonstration of 
Pakistan Telecommunication Company Limited (PTCL) workers outside their 
headquarters in Islamabad after PTCL workers locked their facilities 
around the country. The Rangers beat, tear-gassed, and charged 
demonstrators with batons. There were no reports of serious injuries.

    Freedom of Association.--The constitution provides for the right of 
association subject to restrictions by law. NGOs are required to 
register with the Government. According to Freedom House, fewer than 
half of the approximately 100,000 NGOs in the country were registered. 
No prominent NGO reported problems with the Government due to 
registrations during the year. Some continued to operate without 
registering and were not prosecuted.
    The NGO community protested a voluntary code of conduct promulgated 
in early 2007 by the Ministry of Social Welfare and Special Education, 
according to Freedom House. The code gives the Government powers to 
regulate NGO activity, change the groups' staff or management, and 
freeze the assets of organizations that do not comply. In practice, the 
code has not been enforced and has not impeded the work of NGOs.
    Security was a problem for NGO workers due to the instability in 
FATA and NWFP and threats to organizations that promoted women's 
rights. Seven NGO workers had been killed by year's end, seven had been 
kidnapped but were later released, and scores more were threatened.
    On February 25, gunmen killed four in an attack on the Mansehra, 
NWFP, office of Plan International, an NGO based in the United Kingdom. 
Authorities arrested three suspects, including a chief of a militant 
organization. They were brought before a court in March and kept under 
``protective custody.''
    In late April a female NGO worker in Swat was murdered and her 
corpse was desecrated.

    c. Freedom of Religion.--The constitution states that adequate 
provisions shall be made for minorities to profess and practice their 
religions freely, but the Government limited freedom of religion in 
practice. Islam is the state religion, and the constitution requires 
that laws be consistent with Islam. According to the constitution, 
Shari'a can be applied to a situation deemed to be in contradiction to 
the Koran, and therefore citizens who are normally governed by secular 
law can be subject to Shari'a. Shari'a also was applied in some tribal 
areas. In the PATA of NWFP, religious advisors assisted judges. All 
citizens were subject to certain provisions of Shari'a and the 
blasphemy laws. Freedom of speech is constitutionally subject to ``any 
reasonable restrictions imposed by law in the interest of the glory of 
Islam.''
    Reprisals and threats of reprisals against suspected converts from 
Islam occurred. Members of religious minorities were subject to 
violence and harassment, and at times police refused to prevent such 
actions or charge persons who committed them, leading to an atmosphere 
of impunity. The constitution stipulates the President and the prime 
minister must be Muslim. The prime minister, federal ministers, and 
ministers of state, as well as elected members of the Senate and 
National Assembly (including non-Muslims), must take an oath to 
``strive to preserve the Islamic ideology,'' the basis for the creation 
of the country.
    Religious groups must be approved and registered; there were no 
reports the Government refused to register any group.
    The law declares the Ahmadi community, which considers itself a 
Muslim sect, to be a non-Muslim minority. The law prohibits Ahmadis, 
who numbered more than two million, from engaging in any Muslim 
practices, including use of Muslim greetings, referring to their places 
of worship as mosques, reciting Islamic prayers, using specific Islamic 
terms, and participating in the Hajj or Ramadan fast. Ahmadis were 
prohibited from proselytizing, holding gatherings, or distributing 
literature. Government forms, including passport applications and voter 
registration documents, require anyone wishing to be listed as a Muslim 
to denounce the founder of the Ahmadi faith. The Ahmadi community 
claimed that during the year, 31 Ahmadis faced criminal charges under 
religious laws or because of their faith. As of November, there had 
been four targeted killings of Ahmadis during the year, according to 
the AHRC.
    The penal code calls for the death sentence or life imprisonment 
for anyone who blasphemes the Prophet Muhammad. The law provides for 
life imprisonment for desecrating the Koran and as long as 10 years in 
prison for insulting another's religious beliefs with the intent to 
offend religious feelings. The latter was used only against those who 
allegedly insulted the Prophet Muhammad. Groups such as the Khateme 
Nabuwwat Movement, which considered anyone who questioned the finality 
of Prophet Muhammad to be a heretic, were reported to insult Ahmadi 
beliefs, but authorities did not prosecute these cases.
    On June 8, police charged all the residents of Rabwah in Punjab 
under anti-Ahmadi laws and arrested Muhammad Yunus. The basis for the 
police charges against the thousands of Rabwah residents, according to 
the FIR, included lighting fireworks and lamps and greeting each other, 
which the Government considered to be preaching their faith, a crime by 
law. The case was pending at year's end.
    In August communities near Multan warned Ahmadis in the area to 
close their places of worship. When they refused, the communities 
lodged a complaint with local police, alleging the Ahmadis were 
attempting to proselytize. Police ordered the ``temporary closure'' of 
Ahmadi centers in the area. They remained closed at year's end.
    On September 10, the Multan bench of the Lahore High Court ruled 
that one of the men who allegedly abducted two Christian girls and 
subsequently married one of them be granted custody of her. According 
to Christian Solidarity Worldwide (CSW), on June 26 in Muzaffargarh 
district, Punjab, three men kidnapped 13-year-old Saba Masihto and 
Anila, her nine-year-old sister. CSW reported the men admitted to 
forcing the girls to convert to Islam before compelling Saba to marry 
one of them. The court granted the parents custody of Anila.
    On October 9, Gulsher Masih and his daughter, Sandal Gulsher, were 
arrested after the father was accused of desecrating the Koran. Both 
remained in detention at year's end.
    During the year, there were no developments in the January 2007 
case in which an Intelligence Bureau district officer ordered the 
arrest of five Ahmadis, including two minors ages eight and 11, after a 
teacher discovered the minors carrying an Ahmadi children's magazine, 
Tashhizul Azhan. The case received wide press coverage, following which 
the charges were dropped. The case was re-filed in February 2007 
against two adults.
    There were no developments in the trial of the March 2007 case of a 
retired assistant sub-inspector who shot and killed a recent Ahmadi 
convert in a restaurant in Seerah, near Mandi Bahauddin in Punjab. The 
retired officer, Riaz Gondal, later surrendered to police and admitted 
to the killing, claiming the act was justified under Islamic apostasy 
laws. At year's end, he was incarcerated and the case was pending.
    There were no developments in the case of Martha Bibi, a Christian 
who was arrested for blasphemy in January 2007 and released on bail in 
May 2007. She was accused of making derogatory remarks against the 
Koran, but she claimed the charges originated from Muslim contractors 
who did not want to pay for materials her husband had sold them.
    There were no developments in the September 2006 blasphemy case of 
Shahid Masih, who was arrested for the theft and burning of a Koran in 
Faisalabad and granted bail in January 2007.
    Complaints under the blasphemy laws were used in business or 
personal disputes to harass religious minorities or other Muslims, but 
most complaints were filed against the majority Sunni Muslim community. 
Many blasphemy complaints were lodged by Sunnis against fellow Sunnis. 
The appellate courts dismissed most blasphemy cases; the accused, 
however, often remained in jail for years awaiting the court's 
decision. Trial courts were reluctant to release on bail or acquit 
blasphemy defendants for fear of violence from extremist religious 
groups. In 2005 the President signed a bill into law revising the 
complaint process and requiring senior police officials to review such 
cases in an effort to eliminate spurious charges. According to human 
rights and religious freedom groups, however, this process was not 
effective because senior police officers did not have the resources to 
review the cases. In 2007 courts convicted two individuals and 
acquitted two others under the blasphemy laws; 71 cases were ongoing at 
the end of the year.
    On November 4, the court acquitted Christian doctor Robin Sardar of 
blasphemy charges. Sardar was arrested in May, and after his release 
Sardar went into hiding fearing for his life and remained in hiding at 
year's end, according to the Commission for Peace and Human 
Development.
    There were no legal restrictions on Christian or Hindu places of 
worship. District nazims had to authorize the construction after they 
assessed whether a new church or temple was required. Religious 
minority groups experienced bureaucratic delays and requests for bribes 
when attempting to build houses of worship or obtain land.
    Islamiyyat (Islamic studies) was compulsory for all Muslim students 
in state-run schools. Students of other faiths were exempt from such 
classes; in practice, however, teachers forced many non-Muslim students 
to complete Islamic studies.

    Societal Abuses and Discrimination.--Sectarian violence between 
Sunni and Shia extremists continued during the year. Shias, Christians, 
and Ahmadis were also the targets of religious violence across the 
country.
    According to the National Commission for Justice and Peace (NCJP), 
one church, one Hindu temple, and five Ahmadi mosques were attacked and 
damaged in different parts of the country during the year; four of the 
seven attacks took place in the province of Punjab.
    In the same period, the NCJP reported 53 Ahmadis and 93 Christians 
faced trials or were in prison on charges of desecrating the Koran.
    Human rights lawyer and chairman of the NGO Legal Aid for Destitute 
and Settlement Parvez Aslam Chaudhry was forced to travel with police 
security during the year, following an attack on him in January 2006 
for his work defending blasphemy cases. Although Punjabi authorities 
filed a case against an unknown assailant in 2007, no arrests were made 
during the year.
    The NCJP noted that abductions and forced conversions of girls were 
on the rise. They reported in July that since 2006, nearly 51 Hindu and 
27 Christian girls had been abducted and forced to convert to Islam.
    The Hindu community continued to face harassment and demands for 
bribes from security forces. The All Sindh Hindu Panchayat and the 
Pakistan Hindu Panchayat reported that more than 20 Hindu girls were 
allegedly taken and forced to convert to Islam during the year. Some of 
the girls allegedly feigned conversion to gain their release, and 
officials recovered others; seven of the girls remained missing at 
year's end. Authorities argued that the law prohibits the girls' return 
to non-Muslim families following their conversion to Islam. Although 
the families alleged the affidavits and conversions were fraudulent, 
the authorities did not return the released girls to their families.
    On February 26, Archbishop Lawrence Saldanha, President of the 
Catholic Bishops' Conference of Lahore, said nearly 500 Christian 
families had received or faced threats and that their lives and faith 
were challenged by extremist groups in 2007. He claimed the incidence 
of kidnapped Christian girls was rising.
    There were no arrests in the November 2006 attack on a Jamaat-
Khaana (place of worship) in the Ismaili community in Chitral.
    Ahmadi leaders charged that militant Sunni mullahs and their 
followers sometimes staged marches through the streets of Rabwah, a 
predominantly Ahmadi town and spiritual center in central Punjab. The 
Ahmadis claimed that police generally were present during these 
marches.
    Ahmadi, Christian, Hindu, and Shia Muslim communities reported 
significant discrimination in employment and access to education, 
including at government institutions.
    Shia, Christian, Hindu, and Ahmadi communities faced discrimination 
and societal violence. The Government removed religiously sensitive 
material from new textbooks on religious differences and on how to 
worship. Other religions can opt out of these readings and read the 
more generic ``Book of Ethics.''
    Although there were few Jewish citizens in the country, anti-
Semitic sentiments appeared to be widespread.
    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, however, limited these rights in 
practice. The Government required foreigners to have special permits to 
enter certain restricted areas, including FATA, Balochistan, and parts 
of NWFP, due to security concerns. Foreigners are required to obtain a 
No Objection Certificate (NOC) issued by the Government to enter Azad 
Kashmir.
    The law prohibits travel to Israel, although the law was not 
enforced in practice. Government employees and students must obtain 
NOCs before traveling abroad, although this requirement rarely was 
enforced against students.
    Persons on the publicly available Exit Control List (ECL) were 
prohibited from foreign travel. At year's end, there were approximately 
636 names on the Exit Control List (ECL). According to human rights 
lawyers, the number of persons on the ECL dropped sharply after the 
Lahore High Court took notice of the list in May. While the ECL was 
intended to prevent those with pending criminal cases from traveling 
abroad, no judicial action was required for the Ministry of Interior to 
add a name to the ECL, and it was sometimes used to harass human rights 
activists or leaders of opposition and nationalist parties. Those on 
the list had the right to appeal to the courts for removal of their 
names. On August 28, Rehman Malik, the Advisor on Interior Affairs, 
announced that the Government removed Baloch political leaders from the 
ECL.
    The law prohibits forced exile and no case of forced exile was 
reported during the year.

    Internally Displaced Persons (IDPs).--During the year, the number 
of IDPs fluctuated due to military action and sectarian violence in the 
NWFP and the FATA and floods in NWFP and Punjab. The UN High Commission 
for Refugees (UNHCR) estimated that military operations in Bajaur alone 
generated approximately 190,000 IDPs and an estimated 90,000 in Swat by 
September. At year's end, approximately 200,000 IDPs remained displaced 
from FATA and NWFP. Many IDPs from Swat and Bajaur were taken in by 
friends and relatives, which complicated the counting efforts. Flooding 
in Punjab and NWFP and an earthquake in Balochistan displaced an 
additional 300,000 persons.
    In the districts surrounding Bajaur, the Government, supported by 
UNHCR and other organizations, provided temporary food and shelter for 
the IDPs in 11 camps and worked with international organizations and 
NGOs to supplement government-provided assistance. IDPs complained of 
the poor hygiene in the camps.
    Media reports from 2003 estimated that 1.5 million Kashmiris 
displaced from Indian-held Kashmir entered the country. The law 
entitles Kashmiris to the same rights as full citizens.

    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 in 
practice, the Government in most cases provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The country is a member of UNHCR's 
governing Executive Committee and cooperated with UNHCR in protecting, 
assisting, and repatriating Afghan refugees.
    Since 1979 the Government has provided temporary protection to 
millions of refugees from neighboring Afghanistan. According to the 
government-run National Database and Registration Authority, 
approximately 2.15 million registered Afghan refugees remained in the 
country at year's end, and 3.4 million had been repatriated since 2002. 
The Government continued to work closely with the UNHCR to provide 
support to this population. During the year, approximately 272,000 
refugees took advantage of UNHCR assistance to repatriate.
    According to UNHCR, there are more than 80 Afghan refugee camps in 
the country, including 71 in NWFP, 12 in Balochistan, and one in 
Punjab.
    In addition to internal displacement that resulted from the 
military operation in Bajaur starting in August, more than 20,000 
residents fled into neighboring Kunar province in Afghanistan.
    In October the Government ordered illegal Afghan refugees resident 
in Bajaur to return to Afghanistan and began deporting refugees who did 
not return voluntarily and arresting those who returned to Pakistan. 
Beginning in October, Pakistani security forces reported that hundreds 
of militants were crossing periodically from Afghanistan into the 
country to attack.
    Police in some cases demanded bribes from Afghan refugees. There 
were credible reports that members of the intelligence services 
harassed refugees. Some female refugees who accepted jobs with NGOs 
reported harassment from Taliban sympathizers in their own community. 
Refugees faced societal discrimination and abuse from local 
communities, which resented economic competition and blamed refugees 
for high crime rates.
    Although refugees did not have access to courts, the Government 
provided access to basic health and education services, especially for 
Afghan refugees. UNHCR recognized 478 non-Afghan refugees in the 
country. Every refugee who registered with both the UNHCR and the 
government-run Commissionerate for Afghan Refugees was granted 
admission to public education facilities after filing the proper 
paperwork. Single women, female-led households, and children working on 
the streets were particularly vulnerable to abuse, including 
trafficking.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides the majority of its citizens with the right to 
change their government, and the country held national and provincial 
elections during the year that brought opposition parties to power. The 
Federally Administered Northern Areas, FATA, and Azad Kashmir were 
subject to unique systems. The President retained the power to dissolve 
parliament, a power Musharraf arrogated to the presidency and codified 
in constitutional article 58(2)b.
    The residents of the Federally Administered Northern Areas, which 
include Gilgit and Baltistan, did not have representation in the 
national parliament. An appointed civil servant administered these 
areas, and an elected Northern Areas Legislative Council served in an 
advisory capacity without legislative power. The Government administers 
the Northern Areas under the Legal Framework Order of 1994. According 
to the ICG, this administrative instrument is used to strengthen 
federal control over the region while denying its residents basic 
political and civil rights.
    Residents of the FATA are overrepresented in national parliament 
but do not have a voice in federal decision-making over the tribal 
areas, an authority that belongs to the President. Tribal residents did 
not have the right to change their local government, as unelected civil 
bureaucrats nominally run the tribal agencies. The Elected Councils in 
FATA, set up in 2007 to provide local representation within the tribal 
areas, have not been given an active role in governing the tribal 
areas. The Political Parties Act does not apply to the FATA, and no 
political party can legally campaign or operate an office there. Some 
political parties asserted that this rule was void, since religious-
based parties such as Jamiat Ulema-e-Islam (JUI) and Jamaat-e-Islami 
(JI) openly campaigned in the FATA despite the law.
    Azad Kashmir is subject to its own constitution, which allows for a 
legislative assembly and a prime minister but prohibits parties and 
candidates from contesting elections if they do not support Kashmir's 
accession to the country, according to a 2006 HRW report. Despite 
nominal representation for Azad Kashmir, the Federal Government in fact 
controls significant decision-making in the area, according to HRW's 
report. Under the Kashmiri constitution, authority over 52 critical 
policy areas is ceded to the Azad Kashmir Council in Islamabad, whose 
composition favors the Federal Government numerically. The Federal 
Government also can dismiss arbitrarily the elected Kashmiri 
legislative assembly.

    Elections and Political Participation.--On February 18, the country 
held national parliamentary elections that brought former opposition 
parties into a coalition government led by the PPP under the leadership 
of Prime Minister Yousuf Gilani. The elections were postponed multiple 
times, the last of which was due to the assassination of PPP leader 
Benazir Bhutto in December 2007. In the September 6 indirect 
Presidential election, Asif Ali Zardari, widower of Bhutto, became 
President succeeding Pervez Musharraf, who had resigned on August 18. 
The PPP and its coalition partners took control of the executive and 
legislative branches of the national government and three of the four 
provincial assemblies. PML-N took control of the Punjab provincial 
assembly. PML-N, originally the PPP's largest partner in the national 
government, withdrew from the coalition on August 25 ostensibly due to 
PML-N's insistence that judges deposed during the 2007 state of 
emergency be reinstated to their original positions.
    International and domestic observers found the February 
parliamentary election to be competitive and noted that the results 
appeared to reflect the will of the voters, despite significant flaws 
in the process. The Government permitted all existing political parties 
to contest the elections. The largest political parties participated. 
Pakistan Tehreek-e-Insaaf (PTI), some Baloch parties, and several 
parties from the Muttahida Majlis-e-Amal (MMA) coalition were among 
those that staged a boycott.
    The Government required voters to indicate their religion when 
registering to vote. The Ahmadi community boycotted the elections, 
according to the European Union Election Observation Mission, because 
they were required to register on a separate voter roll.
    The network of civil society organizations known as the Free and 
Fair Election Network (FAFEN) documented intimidation of voters and 
political parties by security services and local landowners throughout 
the country prior to the election. In particular, their observers noted 
that police pressured candidates and political party workers by 
threatening to register cases against them. Police often reportedly did 
not allow rallies for opposition parties and pressured individuals to 
vote for PML-Q. FAFEN also documented cases in which intelligence 
services pressured candidates to withdraw.
    On election day, some voters were disenfranchised or were subject 
to intimidation. Women were barred from voting in four polling stations 
in NWFP and FATA and one in Sindh Province and were discouraged in 
others. The turnout of women was depressed throughout the country, even 
at female polling stations.
    The ECP reportedly accredited approximately 25,000 domestic 
observers, the majority of whom were from FAFEN. The European Union and 
Democracy International were among the organizations that fielded 
international observation teams. In September for the first time, the 
ECP released the certified results of the elections broken down by 
polling station, a step toward greater transparency.
    The Ministry of Interior issued restrictions on political rallies 
beyond what already existed in the electoral code of conduct, in the 
wake of suicide bombings against Benazir Bhutto and other high-profile 
leaders.
    The International Foundation for Electoral Systems (IFES) noted 
that formal adjudication of challenges related to disputed election 
results was weak, and that the high courts did not meet the statutorily 
prescribed deadlines for adjudication of challenges in the majority of 
cases brought before them.
    Petitions filed in the Lahore High Court Election Tribunal 
separately challenged the eligibility of PML-N leaders Nawaz Sharif to 
run for the National Assembly and Shahbaz Sharif to run for the Punjab 
Provincial Assembly. The Lahore High Court Election Tribunal ruled that 
Shahbaz could serve as chief minister of Punjab province and asked the 
Supreme Court to intervene in the challenge against Nawaz, which was 
based on his 2000 conviction for corruption and hijacking, charges that 
disqualified him from running for parliamentary office. At year's end, 
both cases were pending in the Supreme Court.
    There were 60 seats in the National Assembly reserved for women, 
and an additional 16 women won directly elected seats in the 342-seat 
National Assembly. There were five women in the federal cabinet. For 
the first time in the country's history, the National Assembly elected 
a female speaker, Dr. Fahmida Mirza. There were 128 reserved seats for 
women of the 758 seats in provincial assemblies and one-third of the 
seats were reserved in local councils. Provincial chief ministers named 
women to serve in their cabinets. In some districts social and 
religious conservatives prevented women from becoming candidates.
    There were 10 religious minority members in reserved seats in the 
National Assembly and one served in the cabinet as the Federal Minister 
for Minorities. Such seats were apportioned to parties based on the 
percentage of seats each wins in the assembly. Under the law, 
minorities held 23 reserved seats in the provincial assemblies: eight 
in Punjab; nine in Sindh; three in NWFP; and three in Balochistan.

    Government Corruption and Transparency.--The law imposes criminal 
penalties for official corruption; the Government did not implement the 
law effectively in practice, however, and officials frequently engaged 
in corrupt practices with impunity. Public perception of corruption was 
widespread.
    Special accountability courts try corruption cases brought by the 
NAB, including defaults on government loans by wealthy debtors. The NAB 
has not targeted genuine business failures or small defaulters. 
Accountability courts were expected to try cases within 30 days. In 
accountability cases, there was a presumption of guilt.
    The Worldwide Governance Indicators of the World Bank reflected 
corruption was a severe problem.
    On September 19, for the first time, the newly elected government 
appointed the leader of the political opposition as Chairman of the 
National Accounts Committee, which oversees federal spending.
    In October 2007 the Government promulgated the NRO, which provided 
a mechanism for withdrawing cases against former public office holders 
who had been charged in politically motivated cases, but the ordinance 
prohibited those convicted of corruption by the NAB from holding public 
office for 10 years. The NRO was challenged both in the Supreme Court 
and the Sindh High Court. The Government maintained the NRO was 
promulgated to promote national harmony and political reconciliation 
among all political parties. According to the ordinance, no legislator 
could be arrested by law enforcement organizations, and if charges 
against a legislator were brought, a parliamentary committee would 
determine the validity of the charges before the case could proceed or 
be dismissed. Civil society activists and political observers viewed 
this measure as creating another privileged class. At the end of 2007 
the Supreme Court had not ruled on challenges to the NRO.
    The NAB stopped disproportionately targeting opposition politicians 
for prosecution following the return of the Anti-Crime and Economic 
Wings of the NAB in April to the Federal Investigation Agency (FIA), 
which reports to the Ministry of Interior. Musharraf transferred them 
from the FIA to the NAB in 2002. The NAB did not prosecute active duty 
members of the military.
    The Freedom of Information Ordinance restricts the information to 
which citizens may have 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. Government officials 
of the new administration were cooperative but only somewhat responsive 
to the groups' views.
    The Government sought NGO technical cooperation, especially from 
international NGOs, in the fields of humanitarian relief, development, 
environment, election operations, and human trafficking. Human rights 
groups reported they generally had good access to police stations and 
prisons.
    The HRCP investigated human rights abuses and sponsored discussions 
on human rights issues during the year. In November the HRCP reported 
that NGOs were subject to militant threats, particularly in Peshawar.
    The Government permitted international non-governmental human 
rights observers to visit the country and generally cooperated with 
international governmental human rights organizations. The ICRC and 
many agencies of the UN had offices in the country, including UNHCR, 
UNICEF, and UNDP.
    On November 3, the Government created the Ministry of Human Rights. 
Once part of the Ministry of Law and Justice, the new ministry became a 
distinct federal agency.
    The Senate and National Assembly Standing Committees on Law, 
Justice, and Human Rights held hearings on a range of issues, including 
honor crimes, police abuse of the blasphemy law, and the Hudood 
Ordinance. The committees served as useful fora to raise public 
awareness of such issues, but their final actions generally adhered to 
government policy, and the committees did not have the resources to do 
more than perform broad oversight. The Parliamentarians' Commission for 
Human Rights, an inter-party caucus of parliamentarians, lobbied 
effectively for reform in key areas.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equality for all citizens and broadly 
prohibits discrimination based on race, religion, caste, residence, or 
place of birth; in practice, however, there was significant 
discrimination based on each of these factors.

    Women.--Rape, other than by one's spouse, is a criminal offense. 
One cannot be prosecuted for marital rape or for rape in a case in 
which a marriage between the perpetrator and victim was contracted but 
not solemnized. Although rape was frequent, prosecutions were rare. 
Estimates were that victims reported fewer than 10 percent of rape 
cases to the police due to social norms and the fear of repercussions. 
The Ministry of Women's Development, Social Welfare, and Special 
Education was charged with handling these issues, with NGO assistance.
    The Women's Protection Act of 2006 brought the crime of rape under 
the jurisdiction of criminal rather than Islamic courts. Previously, 
under the rape provision of the Hudood Ordinance, a woman was compelled 
to produce four male witnesses to corroborate her charge. Under the new 
law, police are not allowed to arrest or hold a woman overnight at a 
police station without civil court judge consent. In an attempt to 
bypass difficulties rape victims faced at police stations, a provision 
in the act called for a sessions judge to hear all rape cases. Women's 
rights NGOs complained, however, that the law introduced barriers to 
rape victims who did not have money or access to the courts. Courts 
began bringing rape cases under the Women's Protection Act rather than 
the Hudood Ordinances. According to women's rights groups, however, the 
law was poorly enforced.
    The punishment for rape ranges from 10 to 25 years in prison and a 
fine at a minimum, or the death penalty at a maximum. The penalty for 
gang rape is either death or life imprisonment, but sentences were 
often much lower.
    There were no reliable national statistics on rape, due to the 
serious underreporting of the problem. Local observers noted that rape 
was among the most taboo human rights violations in the country.
    Police were at times implicated in rape cases. Police often abused 
or threatened victims and demanded they drop charges, especially when 
the accused had bribed police. Police demanded bribes from some victims 
prior to registering rape charges, and investigations were often 
superficial. NGOs reported that some police stations stopped recording 
rape complaints. Medical personnel did not have sufficient forensics 
training, which further complicated prosecutions.
    In early March Taslim Solangi, a 17 year-old girl, was allegedly 
the victim of an honor killing ordered by a jirga. According to the 
AHRC, she was attacked by dogs and then killed by her in-laws. On 
December 23, President Zardari appointed an inquiry officer in the 
case.
    On March 15, according to the NGO War against Rape, five men gang-
raped a newly wed 19-year-old woman at the Mazar-e-Quaid's mausoleum in 
Karachi for 36 hours, allegedly after drugging her and holding her at 
gunpoint. In April a DNA test on one of the suspects, Syed Khadim 
Hussein, was positive. The three suspects in the case were in prison at 
year's end and contesting the case. On November 22, a court rejected 
their bail plea.
    On May 26, two men in Gowalmandi, Lahore, raped a seven-year-old 
girl, according to the Inquiry Commission on Human Rights Abuses. A 
prosecution case against two men, one of whom was her uncle, was 
ongoing at year's end.
    On August 24, a group of men kidnapped, raped, and killed a 13-
year-old schoolgirl in Rawalpindi. Authorities began an investigation 
but made no arrests by year's end.
    On September 10, authorities suspended the chief investigating 
officer and ordered a higher level inquiry into the case of Samia, a 
woman whom multiple men kidnapped and raped in Mandi Bahauddin, Punjab. 
The attackers severely burned her with acid before killing her. The 
police did not initiate an official investigation despite the family's 
request. After the rapists issued death threats to her family, however, 
police provided them protection.
    Police made no arrests in the January 2007 case of the 17-year-old 
girl whom four men gang raped in Shadara Town, Lahore, in Punjab.
    An antiterrorism court in Hyderabad did not render an indictment by 
year's end in the January 2007 case of then 16-year-old Nasima Labano. 
As punishment for her male cousin being seen with a woman of another 
tribe, she was gang-raped by at least eight men and forced to walk 
without clothes through Habib Labano, her village in Sindh. She became 
pregnant as a result of the rapes. Despite initial resistance, police 
arrested six suspects in March 2007 and two more in July 2007. The 
family was forced to leave Habib Labano due to security concerns.
    During the year, there were no developments in the Supreme Court 
case brought against the men involved in the 2002 gang rape of Mukhtar 
Mai. In 2005 the Supreme Court ordered that the five whose original 
conviction the Lahore High Court overturned be rearrested and held 
without bail. During the year, Mai was living in her village in Punjab 
with police protection, and the 13 men allegedly involved in the gang 
rape were in prison.
    There were no developments in the 2005 rape case of Shazia Khalid 
at the Sui gas field in Balochistan. Baloch nationalists claimed that 
Frontier Corps personnel raped her; the Government claimed DNA evidence 
indicated otherwise. A tribal jirga condemned Khalid to death for 
dishonoring the tribe. She and her husband left the country in 2005; 
human rights organizations alleged they did so under pressure from the 
Government.
    Domestic violence was a widespread and serious problem. Husbands 
reportedly beat, and occasionally killed, their wives. Other forms of 
domestic violence included torture and shaving. In-laws abused and 
harassed married women. Dowry and family-related disputes often 
resulted in death or disfigurement by burning or acid.
    There is no specific legislation prohibiting domestic violence, but 
sections of the Penal Code can be used to invoke justice for the 
victim. The National Commission on the Status of Women, a government 
body, advocated the passage of domestic violence legislation.
    According to a June HRCP report, 80 percent of wives in rural 
Punjab feared violence from their husbands and nearly 50 percent of 
wives in most developed urban areas admitted that their husbands beat 
them. By November there were 21 reported cases of ``stove deaths,'' 
incidents in which women are doused in kerosene and set on fire. 
According to the Progressive Women's Association, many incidents were 
unreported.
    Women who try to report abuse face serious challenges. In the 
absence of domestic violence law, abusers may be charged with assault, 
but the abused rarely filed cases. Police and judges were reluctant to 
take action in domestic violence cases, viewing them as family 
problems. Police, instead of filing charges, usually responded by 
encouraging the parties to reconcile. Abused women usually were 
returned to their abusive family members. Women were reluctant to 
pursue charges because of the stigma attached to divorce and their 
economic and psychological dependence on relatives. Relatives were 
hesitant to report abuse for fear of dishonoring the family.
    The Government operated the Crisis Center for Women in Distress, 
which referred abused women to NGOs for assistance. There were 
approximately 70 district-run shelter homes and approximately 250 
facilities operating as ad hoc emergency shelters for women in 
distress, including female police stations and homes run by the 
provincial Social Welfare departments. The district-run centers 
provided shelter, access to medical treatment, limited legal 
representation, and some vocational training.
    In some cases at the government-run shelters, women were abused. 
There were five non-governmental shelters, one each in Islamabad, 
Lahore, and Multan, and two in Karachi.
    There were no developments in the February 2007 case of the man who 
set his 21-year-old wife on fire in Rawalpindi with assistance from his 
two brothers. In late 2007 police arrested the man near Rawalpindi 
along with one brother on charges of murder; the second brother 
reportedly fled to Dubai. At year's end the case was pending in 
Rawalpindi District Court. According to the Progressive Women's 
Association, the family of the victim was socially pressured to 
withdraw the charges in exchange for blood money, but they refused.
    Honor killings and mutilations occurred throughout the country 
during the year. Some men were also subject to honor killings, though 
women represent the majority of victims. Statistics on honor crimes 
were unreliable due to underreporting, but there were 476 killings of 
women reported between January and May.
    A 2005 law that established penalties for honor killings. Human 
rights groups criticized the legislation because it allows the victim 
or the victim's heirs to negotiate physical or monetary restitution 
with the perpetrator of the crime in exchange for dropping charges, a 
law known as ``qisas'' and ``diyat.'' Since honor crimes generally 
occurred within families, perpetrators were able to negotiate nominal 
payments and avoid more serious punishment.
    In July perpetrators shot two teenage girls and three women in Baba 
Kot, Balochistan, and buried them in a ditch. The teenage girls 
reportedly wanted to choose their husbands and the adult women were 
accused of protecting them. The case prompted media controversy and 
condemnation by politicians and human rights groups after a Baloch 
parliamentarian, Senator Israrullah Zehri, defended this method of 
honor killing as a ``centuries-old tradition'' and the Government two 
months later elevated him to Federal Minister of Postal Services. 
Police did not file an FIR in the case and were accused of silencing it 
due to the influence of a provincial minister, whose brother was 
allegedly among the perpetrators, a charge the minister denied. The 
Federal Government and the provincial government initiated an 
investigation, and police arrested four of the seven suspects. The 
alleged mastermind, Aktar Umrani, was arrested on November 30 in 
Kandhkot, Sindh. The Balochistan High Court ordered the case 
registered, an inquiry was completed by mid October, and authorities 
arrested the remaining suspects. The female parliamentarian who raised 
attention to the case in the National Assembly received death threats.
    There were no developments in the November 2006 killing of Mohammad 
Ayub Mahar's three daughters and his daughter-in-law, Safia Mahar, in 
Abdoo village in Shikarpur District for allegedly having illicit 
affairs with other men.
    Despite bans on the handing over women as compensation for crimes 
committed by rival tribes (also known as ``vani'' or ``swara''), the 
practice continued in Punjab and NWFP.
    Parliament outlawed forced marriages in February 2007, but 
implementation of the law remained a problem.
    The World Bank released a study in February 2007 indicating that 
approximately one-third of marriages in rural areas were ``watta 
satta,'' exchange marriages in which men marry each other's sisters, a 
practice that carries with it a mutual threat of retaliation. The study 
indicated that the reciprocal nature of the practice provided some 
measure of protection for women. According to the study, ``women in 
watta satta marriages have substantially and significantly lower 
probabilities of marital estrangement, domestic abuse, and major 
depressive episodes.'' Human rights groups such as the HRCP criticized 
the practice, however, noting that ``these marriages treat women as a 
commodity, and tension within one household also affects the other.''
    In rural Sindh, landowning families continued the practice of 
``Koranic marriages'' to avoid division of property. Property of women 
married to the Koran remains under the legal control of their father or 
eldest brother, and such women are prohibited from contact with any 
male older than 14. These women were expected to stay in the home and 
not maintain contact with anyone outside of their family.
    Prostitution is illegal. Most prostitutes were victims of domestic 
or international trafficking and were held against their will. Police 
generally ignored the activity if they received bribes. Police raided 
brothels during the year but many continued to operate underground, 
particularly in larger cities.
    Sexual harassment was a widespread problem. There was no law to 
protect women in the workplace. Press reports indicated harassment was 
especially high among domestic workers and nurses. Although the Penal 
Code prohibits harassment, prosecution was rare.
    The law prohibits discrimination on the basis of sex, but in 
practice this provision was not enforced. Women faced discrimination in 
family law, property law, and the judicial system.
    Family law provides protections for women in cases of divorce, 
including requirements for maintenance, and lays out clear guidelines 
for custody of minor children and their maintenance. Many women were 
unaware of these legal protections or unable to obtain legal counsel to 
enforce them. Divorced women often were left with no means of support 
and their families ostracized them. Although it is prohibited by law, 
the practice of buying and selling brides continued in rural areas. 
Women are legally free to marry without family consent, but women who 
did so were often ostracized or were the victims of honor crimes.
    Inheritance law discriminates against women. Female children are 
entitled to only one-half the inheritance of male children. Wives 
inherit only one-eighth of their husband's estate. In practice, women 
often received far less than their legal inheritance entitlement.
    Women faced significant discrimination in employment and were 
frequently paid less than men for similar work. In many rural areas of 
the country, strong societal pressure prevented women from working 
outside the home. Some tribes continued the traditional practice of 
sequestering women from all contact with males other than relatives.
    Numerous women's rights NGOs such as the Progressive Women's 
Association, Sehar, Struggle for Change, War against Rape, and Aurat 
Foundation were active in urban areas. Their primary concerns included 
domestic violence, the Hudood Ordinance, and honor crimes.

    Children.--The Government made some progress during the year in 
defending children's rights and welfare through its laws and programs, 
but problems remained. Juveniles accused of terrorism or narcotics 
offenses were not protected under the Juvenile Justice System 
Ordinance. The Society for the Protection of the Rights of the Child 
(SPARC) reported children as young as 12 were arrested under the Anti-
Terrorism Act. Children convicted under this act are subject to the 
death penalty.
    Local laws do not mandate free public education, and schools 
generally charge tuition. Although some provincial governments such as 
Punjab's passed laws requiring free public education, many public 
schools continued to charge tuition and fees for books, supplies, and 
uniforms. Public schools, particularly beyond the primary grades, were 
not available in many rural areas, leading parents to use madrassas. In 
urban areas some parents sent children to private schools due to the 
lack of facilities and poor quality of education offered by the public 
system.
    Although boys and girls had equal access to government facilities, 
families were more likely to seek medical assistance for boys.
    Child abuse was widespread. According to child rights NGOs, abuse 
was most common within families. NGOs that monitored child abuse 
reported 1,417 cases by the end of November, down from 2,650 in 2007. 
Seventy percent of child abuse cases involved female victims. Press 
reports indicated that some madrassas continued to teach religious 
extremism and violence; others in isolated parts of NWFP and interior 
Sindh confined children illegally, kept them in unhealthy conditions, 
and physically or sexually abused them.
    The legal age of marriage is 18 for males and 16 for females. 
Despite laws barring child marriages, there was evidence it occurred. 
In March, the Family Planning Association of Pakistan estimated that 
child marriages comprised 32 percent of marriages in the country. At a 
2007 human rights seminar in Islamabad, participants noted a 12-year-
old girl could be purchased for 90,000 to 200,000 rupees ($1,143 to 
$2,539) in parts of Sindh and NWFP. In rural areas, poor parents sold 
children as bonded laborers and sold their daughters into marriage.
    On May 30, a jirga in Chach, Sindh, ordered that 15 girls from the 
Chakrani tribe, ages three to 10, be given away in ``vanni,'' which 
meant they would be married to a rival tribe to settle an old dispute. 
As of June the Chakrani tribe had not handed them over and the matter 
was resolved.
    The Edhi Welfare Trust (EWT) claimed to rescue approximately 30 
infants each month from dumpsters in Karachi and elsewhere in the 
country and to recover the dead bodies of about four times as many 
infants. They reported that since 1970, they have recovered 68,000 dead 
infants in garbage dumps. Of the infants abandoned or killed, 98 
percent are girls, according to EWT.
    There were no known limits on child IDPs' access to government 
services, though some civil society organizations demanded improvement 
in these services.
    Trafficking and commercial sexual exploitation of children were 
problems. According to Sahil, an NGO that focuses on child sexual 
exploitation, children were generally prostituted through the 
involvement of a third party rather than prostituting themselves as a 
means of survival.
    There were reports in 2007 that religious militants forcibly 
recruited child soldiers. The BBC reported that pro-Taliban militants 
kidnapped children as young as 11 and 12 in Tank and Dir and trained 
them as suicide bombers. In March 2007 police and Taliban militants 
clashed in Tank after officials at a boys' high school resisted 
militants' efforts to recruit students from the school. According to 
press reports, the militants later kidnapped the principal, whom they 
suspected of alerting the police, and attacked Tank. The ensuing clash 
reportedly left 25 militants and one paramilitary officer dead.
    SPARC estimated that more than 100,000 children lived on the 
streets in urban areas in 2007. Many were runaways from the interior of 
Punjab and Sindh provinces or were Afghan refugees.

    Trafficking in Persons.--The law prohibits domestic and 
international trafficking in persons; there were reports, however that 
persons were trafficked to, from, and within the country.
    The country was a significant source, transit, and destination 
country for trafficked persons, and internal trafficking was a serious 
problem reportedly involving thousands of women and children. Men and 
women were trafficked from the country to the Middle East to work as 
bonded laborers or in domestic servitude. The country was also a 
destination for women and children from Bangladesh, India, Burma, 
Afghanistan, Sri Lanka, Nepal, and Central Asia for commercial sexual 
exploitation and forced labor. Women from Bangladesh, Sri Lanka, Nepal, 
and Burma were trafficked through Pakistan to the Gulf.
    Maximum penalties for trafficking ranged from seven to 14 years' 
imprisonment plus fines. The Federal Investigation Agency's (FIA) anti-
trafficking unit had primary responsibility for combating trafficking. 
An inter-ministerial committee on human trafficking and smuggling 
coordinated federal efforts. The Government assisted other countries 
with international investigations of trafficking.
    Authorities registered approximately 1,300 human smuggling cases 
during the year. This figure included trafficking cases, because the 
FIA did not distinguish between trafficking and human smuggling. By the 
end of the year, authorities discovered and detained nearly 5,000 
individuals attempting to travel on fraudulent exit permits or 
traveling through illegal routes. The FIA's human trafficking cell 
estimated that 7,000 to 8,000 people attempted to leave the country via 
trafficking rings, on forged or fraudulent documents.
    Through November the FIA arrested 183 agents involved in false 
attempts to send smuggled individuals abroad. The FIA also issued a 
``red book'' including the names and addresses of the smuggling agents 
whom the police had not captured. Although journalists and officials 
had access to the red book, the general public did not.
    The Government, in cooperation with UNICEF and the United Arab 
Emirates, worked to repatriate and rehabilitate children used as camel 
jockeys. An estimated 700 children were repatriated through these 
efforts since 2005. The FIA facilitated payment of compensatory damages 
from the UAE.
    Women and children from rural areas were trafficked internally to 
urban centers for commercial sexual exploitation and labor. Bonded 
labor of children in brick kilns, rice mills, and textile factories 
remained a serious issue. In some cases families sold the victims into 
servitude or believed they were marrying off their children or sending 
them for legitimate employment, but in other cases they were kidnapped. 
Women were trafficked from East Asian countries and Bangladesh to the 
Middle East via the country. Traffickers bribed police and immigration 
officials to facilitate passage. In 2007 authorities reportedly 
prosecuted government officers and arrested FIA inspectors for 
facilitating trafficking.
    In 2005 the central government opened one model shelter in 
Islamabad specifically for trafficking victims. The Government provided 
temporary residence status to foreign trafficking victims.
    Foreign victims, particularly Bangladeshis, faced difficulties in 
being repatriated to their home countries. Women trafficked abroad and 
sexually exploited faced societal discrimination upon their 
repatriation.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law provides for equality of the 
rights of persons with disabilities. There are employment quotas at 
both federal and provincial levels, which require public and private 
organizations to reserve at least two percent of their jobs for 
qualified persons with disabilities. In practice, however, this right 
is only partially protected due to lack of adequate enforcement 
mechanisms.
    The Government has not enacted legislation or otherwise mandated 
access to buildings or government services for persons with 
disabilities. Families cared for the majority of individuals with 
physical and mental disabilities. In some cases, however, criminals 
forced these individuals into begging and took much of the proceeds.
    Organizations that refuse to hire persons with disabilities can 
choose to pay a fine to a disability assistance fund. This obligation 
was rarely enforced. The National Council for the Rehabilitation of the 
Disabled provided some job placement and loan facilities as well as 
some subsistence funding. The Council also operated the ``Pakistan 
Society for the Rehabilitation of the Disabled,'' which provided 
rehabilitation, vocational training, and some medical support to 
persons with disabilities.
    When the King Edward Medical College refused to treat a disabled 
person on the grounds that the college did not have facilities for 
persons with disabilities, Punjab Chief Minister Shahbaz Sharif ordered 
on December 7 that the child be admitted to the college and that the 
provincial government cover the treatment costs.
    There were no restrictions on the rights of the disabled to vote or 
participate in civil affairs.
    Systematic discrimination against national, ethnic, and racial 
minorities is widely acknowledged privately, but insufficient data 
exist for clear and accurate reporting on these forms of 
discrimination.

    Other Societal Abuses and Discrimination.--Homosexual intercourse 
is a criminal offense; in practice, however, the Government rarely 
prosecuted cases. Homosexuals rarely revealed their sexual orientation, 
and there were no cases brought during the year of discrimination on 
the basis of sexual orientation.
    According to the Government's National Aids Control Program (NACP), 
there was no observed discrimination based on HIV/AIDS status observed 
in the Government service. Societal attitudes toward HIV-positive 
individuals are changing slowly, but social discrimination lingers.
    The NACP reported there were approximately 90,000 HIV-positive 
individuals in the country, and approximately 50 percent of those lived 
in Sindh Province. The report stated that ``entrenched age-old social 
attitudes, practices, and stereotyping, which often lead to violence 
against women, coupled with unequal access to economic resources, are 
hampering progress toward dealing with the spread of HIV/AIDS.''
    In cooperation with donors and the UN, the Government established 
the NACP, which managed a campaign to educate its citizens about AIDS. 
NACP held rallies and public campaigns, and spoke in mosques about 
birth control and AIDS awareness.
Section 6. Worker Rights
    On November 19, the parliament repealed the previous labor law, the 
Industrial Relations Ordinance of 2002 (IRO), and enacted the 
Industrial Relations Act of 2008 (IRA), which allows labor unions. 
Labor groups were concerned that workers were not adequately consulted 
in the drafting of the legislation.
    a. The Right of Association.--The constitution protects the right 
of association, and the law selectively allows workers to form and join 
independent unions of their choice without prior authorization. In 
practice, the law adopted in November was too new to judge enforcement, 
and the prior law was unevenly enforced during the year.
    Through November the 2002 IRO denied the right of association for 
many sectors of the workforce, including civil servants; security and 
watch officers in transportation, energy, and shipping; oil and gas 
industries, post, press, and telecommunications; firefighting; 
education and medical institutions; nonprofit organizations; and all 
supervisory and managerial personnel. The Government had wide power to 
restrict associational rights of any category of workers, 
administratively refuse or cancel a union's registration, and exclude 
or disqualify a union office bearer from holding further office.
    Since November, the 2008 IRA provides the right of association for 
some private and public sector workers, although it does not apply to 
many of those previously excluded under the IRO.
    The IRA significantly limits the membership of workers in trade 
unions of their choice by complex definitions of who qualifies for 
membership. This results in a bias toward small, disaggregated worker 
organizations. Under the IRA, trade unions have the right to join any 
federation or confederation of their choice.
    Under the 2002 IRO, sectors excluded from the right to strike 
included those not allowed to associate, as well as workers in 
electricity generation and transmission, state-owned airlines and 
ports. The IRO significantly limited the manner in which workers could 
strike, and the Government had arbitrary authority to end any strike. 
Authorities could also classify union actions as ``terrorist acts.'' 
The Government prohibited all strikes by public utility services under 
the IRO. The IRO prohibited employers from seeking retribution against 
leaders of a legal strike and stipulated fines for offenders. The law 
did not protect leaders of illegal strikes. Whether workers could 
conduct sympathy strikes or strike on political grounds was legally 
ambiguous.
    The IRA is similarly expansive in limiting the rights of workers to 
strike but is silent on the rights of workers to conduct sympathy 
strikes.
    The Essential Services (Maintenance) Act of 1952 (ESMA) has been 
invoked to limit or ban strikes by public sector workers and to curtail 
collective bargaining rights. It applies to government services and 
state enterprises, such as energy production, power generation and 
transmission, airlines, and ports. The ESMA contains legally required 
conciliation proceedings and mandatory cooling-off periods, which 
effectively constrain the right to strike, as does the Government's 
authority to ban any strike that may cause ``serious hardship to the 
community'' or prejudice the national interest. The Government may also 
under ESMA ban, without recourse for workers, a strike that has 
continued for 30 days.
    According to NGOs and trade union experts, the total workforce 
during the year was 50.8 million. The Government assessed that 4 
percent of the total estimated workforce was unionized, a figure that 
workers' groups said underestimated total worker participation. Unions 
did not represent the majority of workers in the informal sector, who 
accounted for 70 percent of the total labor force.
    There were no reported incidents of the Government dissolving a 
union without due process.
    The 2006 ban by the Sindh Registrar of Trade Unions on the Karachi 
Shipyard and Engineering Works remained in place. Union representatives 
challenged the ban's legality in the Sindh High Court in August 2007. 
The case was abandoned during the year.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining for some sectors is protected by law; in practice, the law 
adopted in November was too new to judge enforcement, and the prior law 
was unevenly enforced during the year.
    Sectors exempt from the 2002 IRO included those denied the right of 
association listed above. Sectors exempt from the 2008 IRA include 
security forces, Pakistan Security Printing Corporation, fire services, 
and oil installations. The IRA prohibits employers from retaliating 
against workers for union activity, and any employer found to have 
engaged in serious violations was liable for fines but not 
imprisonment. The ESMA was often invoked to limit or ban strikes or 
curtail collective bargaining rights in certain sectors.
    In the rest of the economy, the Government allowed unions to 
conduct their activities without interference, except for employees 
within the Export Processing Zones (EPZs). The more than 15,000 
employees working in the country's 12 EPZs are prohibited from joining 
unions, bargaining collectively, or striking under the ESMA. The EPZ 
Authority is empowered to draft labor laws within the EPZs, but no such 
laws have been drafted.
    The 2002 IRO required the Government to determine every six months 
whether collective bargaining was to be allowed. In cases in which 
collective bargaining was prohibited, special tripartite provincial 
wage boards decided wage levels. Unions generally were dissatisfied 
with the boards' findings. The National Industrial Relations Commission 
(NIRC) adjudicated disputes. Public sector workers were not allowed to 
appeal to the NIRC.
    The International Trade Union Confederation (ITUC) reported that 
employers disqualify workers from union membership by promoting them to 
nominal managerial status. Management regularly resorts to 
intimidation, dismissal, and blacklisting to prevent unionization. For 
example, in September, Unilever dismissed all but five of 292 temporary 
workers at its Rahim Yar Khan factory in Punjab when the union 
announced it would help the workers achieve permanent status.
    The ITUC reported in March that brick kiln bonded laborers 
attempted to organize in seven districts of Punjab province. The 
largest gathering was in Lahore, with nearly 5,000 attending the event. 
The Pakistan Bhatta (brick kiln) Workers Union requested a protest 
permit, but local authorities banned the demonstration.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
slavery and all forms of forced labor, including bonded and child 
labor; in practice, however, the Government did not enforce these 
prohibitions effectively and there were numerous instances in which 
these practices occurred.
    The law outlaws bonded labor, cancels all existing bonded debts, 
and forbids lawsuits for the recovery of such debts.
    The Ministry of Labor, Manpower and Overseas Pakistanis at the 
federal level and labor officials in the provinces are responsible for 
enforcement of the Bonded Labour System (Abolition) Act of 1992 (BLSA), 
which banned bonded labor. The HRCP noted that the implementation of 
the act required review. The National Commission on Abolition of Bonded 
Labor and Rehabilitation of Freed Bonded Laborers worked in conjunction 
with the International Labour Organization (ILO) to implement the 
National Policy and Plan of Action for the Abolition of Bonded Labor 
and Rehabilitation of Freed Bonded Laborers.
    NGOs SPARC and SHARP reported that approximately two million 
persons were involved in some form of bonded labor, primarily in Sindh 
Province. Bonded labor was most common in the brick, glass, carpet, and 
fishing industries. In rural areas, particularly in the Tharparkar 
District of Sindh, bonded labor in the agricultural and construction 
sectors was fairly widespread.
    A Freedom House report from January noted that bonded laborers 
sometimes sell their organs, particularly their kidneys, to escape 
servitude. According to the UN's Integrated Regional Information 
Networks (IRIN), the Sindh Institute of Urology and Transplantation 
conducted a survey in Punjab released in July 2007 noting that 93 
percent of kidney vendors needed the money to repay debts and 69 
percent of vendors were bonded laborers. There were continued reports 
of kidney sales after the introduction of the Human Organs and Tissues 
Transplant Ordinance, which banned the practice in September 2007.
    A large proportion of bonded laborers were low caste Hindus, or 
Muslim and Christian descendants of low caste Hindus.
    Bonded laborers often were unable to determine when their debts 
were fully paid. Those who escaped frequently faced retaliation from 
former employers. Some bonded laborers returned to their former status 
after being freed, due to a lack of alternative livelihoods. Although 
the police arrested violators of the law against bonded labor, many 
violators bribed the police to secure their release. Human rights 
groups reported that landlords in rural Sindh maintained as many as 50 
private jails housing approximately 4,500 bonded laborers. Ties between 
such landlords and influential politicians hampered effective 
elimination of the problem.
    On July 15, police in Dim village, Sanghar district, recovered 58 
bonded laborers, including men, women, and children, from the farm of a 
Sindhi landlord, Ali Ghulam Marri. Some of the laborers were attempting 
to work off three decades of debt. Police registered the cases, but 
made no arrests, instead allowing the landlord to negotiate a legally 
binding agreement with the leader of the laborers whereby workers would 
continue working until they paid off the debt. This followed a week 
after police recovered 21 bonded laborers in the same district from 
landlord Haji Hussain Keerio.
    In January 2007 the Lahore High Court in Rawalpindi freed 21 former 
bonded laborers, including women and children. They had been held 
captive in a bonded labor camp in Rawalpindi. Police registered the 
case against the owner of the brick kiln, Malik Yaqub, but he fled. 
There was no evidence of developments in this case during the year.
    There was no evidence of developments in the February 2007 case in 
which the Lahore High Court in Rawalpindi recovered 40 bonded laborers, 
including women, children, and elderly persons, from a brick kiln in 
Loi Bhair, near Rawalpindi.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace; enforcement 
of child labor laws was lax, however, and child labor remained a 
serious problem.
    The law makes bonded labor by children punishable by up to five 
years in prison and up to 50,000 rupees (approximately $635) in fines. 
The law prohibits the employment of children younger than 14 in 
factories, mines, railways, rag picking, port areas, fireworks, and 
other hazardous occupations, and regulates their work conditions under 
the law. The Government has identified four occupations and 34 
processes considered illegal for children, including street vending, 
surgical instrument manufacturing, deep sea fishing, leather 
manufacturing, brick making, production of soccer balls, and carpet 
weaving.
    The law limits a child's workday to seven hours, including a one-
hour break after three hours of labor, and sets permissible times of 
day for work and time off. No child is allowed to work overtime or at 
night and should be guaranteed one day off per week. In addition, the 
law requires employers to keep a register of children working for them, 
for examination by labor inspectors. These prohibitions and regulations 
do not apply to family businesses or government schools. The law 
protects all children under age 18 from exploitation, and defines 
exploitative entertainment as all activities related to human sports or 
sexual practices and other abusive practices. Parents who exploit their 
children are also liable under the law.
    Enforcement was a serious problem. According to HRCP and SPARC, 
there were 10 to 11.5 million child laborers, many of them in 
agriculture and domestic work. The media reported that approximately 70 
percent of non-agricultural child labor took place in small workshops, 
complicating efforts to enforce child labor laws as, by law, inspectors 
may not inspect facilities employing fewer than 10 persons. The 
Ministry of Labor, Manpower and Overseas Pakistanis had a small group 
of specialized labor inspectors empowered to inspect all facilities 
under the child labor law. Authorities say violations are immediately 
cited and prosecuted, but tacitly agree enforcement efforts are not 
adequate to meet the scale of the problem. Inspectors also have little 
training, insufficient resources, and susceptibility to corruption. 
Authorities allowed NGOs to perform inspections without interference, 
and SPARC noted that government officials usually cooperated with their 
visits.
    The law allows fines of up to 20,200 rupees ($256) for violations 
of child labor laws. Authorities often did not impose penalties on 
violators during the year, and when they did the penalties were not a 
significant deterrent. Although law enforcement authorities obtained 
hundreds of convictions for violations of child labor laws, the fines 
the courts levied ranged from an average of 364 rupees ($5) in the NWFP 
to an average of 7,344 rupees ($93) in Balochistan.
    Children were forced to work in the brick kiln and carpet weaving 
industries as well as in agriculture as part of their family's 
obligation to their feudal overlord.

    e. Acceptable Conditions of Work.--In March, the Government raised 
the fixed minimum wage per month from 4,000 ($51) to 6,000 rupees 
($76). It applied only to industrial and commercial establishments 
employing 50 or more workers. The national minimum wage did not provide 
a decent standard of living for a worker and family and fell short of 
the Pakistan Workers' Federation demand for a minimum wage of 12,000 
rupees ($152) per month. Significant parts of the workforce, such as 
those in the informal sector, domestics, and migrant workers, were not 
covered.
    Federal law provides for a maximum workweek of 48 hours (54 hours 
for seasonal factories) with rest periods during the workday and paid 
annual holidays. These regulations did not apply to agricultural 
workers, workers in factories with fewer than 10 employees, domestic 
workers, and contractors. Additional benefits required under the 
Federal Labor Code include official government holidays, overtime pay, 
annual and sick leave, health care, education for workers' children, 
social security, old age benefits, and a workers' welfare fund.
    The ITUC reported that the Government made unilateral changes to 
the law in 2007, increasing hours of work, weakening worker protection, 
and creating a classification of ``contract worker'' ineligible for 
overtime pay. Criminal law requires police authorization for gatherings 
of more than four individuals, including union activities.
    Health and safety standards were poor. There was a serious lack of 
adherence to mine safety and health protocols. For example, mines had 
only one opening for entry, egress, and ventilation. Workers could not 
remove themselves from dangerous working conditions without risking 
loss of employment.
    Provincial governments have primary responsibility for enforcing 
all labor regulations. Enforcement was ineffective due to limited 
resources, corruption, and inadequate regulatory structures. According 
to the ITUC, labor inspectors have exempted certain employers from 
inspection in the provinces of Sindh and Punjab. Many workers remained 
unaware of their rights.

                               __________

                               SRI LANKA

    Sri Lanka is a constitutional, multiparty republic with a 
population of approximately 21 million. President Mahinda 
Rajapaksa,elected in 2005, and the parliament, elected in 2004, both 
for six-year terms, share constitutional power. International observers 
generally characterized these elections as free and fair. The 
Government has been engaged in a twenty-five year armed conflict with 
the Liberation Tigers of Tamil Eelam (LTTE). Effective January 16, the 
Government formally abrogated the 2002 Cease-Fire Accord (CFA) with the 
LTTE, and the conflict intensified during the year. While civilian 
authorities generally maintained effective control of the security 
forces, observers linked the Government closely to paramilitary groups 
believed responsible for serious human rights violations.
    The Government's respect for human rights declined as armed 
conflict escalated. The overwhelming majority of victims of human 
rights violations, such as killings and disappearances, were young male 
Tamils, while Tamils were only 16 percent of the overall population. 
Credible reports cited unlawful killings by paramilitaries and others 
believed to be working with the awareness of the Government, 
assassinations by unknown perpetrators, politically motivated killings, 
the continuing use of child soldiers by a paramilitary force associated 
with the Government, disappearances, arbitrary arrests and detention, 
poor prison conditions, denial of fair public trial, government 
corruption and lack of transparency, infringement of freedom of 
movement, and discrimination against minorities. Progovernment 
paramilitary groups were credibly alleged to have participated in armed 
attacks against civilians and practiced torture, kidnapping, hostage-
taking, and extortion with impunity. During the year, no military, 
police or paramilitary members were convicted of any domestic human 
rights abuse. The executive failed to appoint the Constitutional 
Council, which is required under the Constitution, thus obstructing the 
appointment of independent representatives to important institutions 
such as the Human Rights Commission, Bribery Commission, Police 
Commission, and Judicial Service Commission.
    The LTTE, a terrorist organization banned in the United States, 
India, the European Union, and Canada, maintained control of a 
shrinking area in the north of the country. The LTTE attacked and 
killed a large number of civilians; engaged in torture, arbitrary 
arrest, and detention; denied fair, public trials; arbitrarily 
interfered with privacy; denied freedoms of speech, press, and assembly 
and association; and practiced extensive forced recruitment, including 
of children. The LTTE was active in areas, particularly in the south, 
that it did not control, attacking military and civilian targets, 
including public buses and trains, and conducting political 
assassinations.
                        respect 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. Monitoring organizations reported that during the 
year, approximately eight hundred of the several thousand deaths 
associated with the hostilities between government security forces and 
the LTTE were civilian casualties as a result of artillery fire into 
populated areas, aerial bombings, land mines, and other military 
action. International organizations noted that a significant proportion 
of the civilian casualties occurred in individual incidents, such as 
extrajudicial killings; however, reliable statistics on such killings 
by both sides were difficult to obtain because families feared 
reprisals if they filed complaints. The numbers reported by different 
organizations vary widely. Nongovernmental organizations (NGOs) 
believed that the majority of those reported as disappeared were 
actually killed.
    NGO employees and other humanitarian assistance workers were killed 
by unknown assailants. As of September, of the 11 NGO and humanitarian 
workers killed, four were classified as missing or disappeared and 10 
had been arrested or detained.
    On February 17, two men on a motorcycle killed Neil Sampson 
Edirisinghe, pastor of the House Church Foundation in Ampara District. 
The police arrested three Home Guards and one businessman, and the 
trial was ongoing at year's end. In April a claymore mine explosion 
killed the founder and director of the Northeast Secretariat on Human 
Rights, Reverend M X Karunaratnam, in an LTTE-controlled area in the 
north. LTTE sources blamed army long-range reconnaissance patrols. The 
death remained unsolved.
    The Government used paramilitary groups to assist its military 
forces in fighting the LTTE. The Tamil Makkal Viduthalai Pulikal 
(TMVP), led by breakaway-LTTE eastern commanders Vinayagamurthi 
Muralitharan, alias ``Karuna,'' and Sivanesathurai Chandrakanthan, 
alias ``Pillaiyan,'' operated mostly in the east. Pillaiyan was sworn 
in as chief minister of the Eastern Provincial Council in May following 
elections; Karuna was appointed a member of parliament on October 7. 
The Eelam People's Democratic Party (EPDP), led by the Minister of 
Social Services and Social Welfare Douglas Devananda, operated in 
Jaffna. During the year, there were numerous killings and assaults of 
civilians by unknown actors suspected of association with the TMVP or 
the EPDP. Other progovernment paramilitaries were increasingly active 
in Mannar and Vavuniya.
    On November 14, Pillaiyan's private secretary Kumaraswamy 
Nandagopan, alias ``Ragu,'' was assassinated near Colombo. While some 
observers attributed the killing to supporters of rival TMVP leader 
Karuna, opposition politicians linked the incident to groups associated 
with the military.
    There was little progress in several high-profile killings under 
investigation by the Commission of Inquiry (CoI). In 2007 President 
Rajapaksa invited an International Independent Group of Eminent Persons 
(IIGEP) to assist the CoI and monitor its progress. The CoI interviewed 
witnesses in three cases and held public formal hearings, including 
testimony by video link from protected witnesses who had fled abroad. 
However, according to the IIGEP, the investigations were hampered by 
the lack of effective witness protection and the inappropriate role of 
the Attorney General's Office in steering the inquiry. The IIGEP 
terminated its mission in March, citing an ``absence of political and 
institutional will'' to identify the perpetrators and ``uncovering the 
systematic failure and obstructions to justice that rendered the 
original investigations ineffective.''
    Credible evidence placed before the CoI alleged that security 
forces were responsible for the 2006 execution-style killing of 17 
members of the French NGO ACF (Action Against Hunger). By year's end, 
no arrests were made. There was also no outcome of the CoI 
investigation into the case of five Tamil students killed in 
Trincomalee in 2006 despite testimony that implicated individual 
members of the security forces by name. While the commission indicated 
on several occasions that it was nearly ready to present its findings, 
by year's end, none of the commission's findings had become public.
    There was no progress on the 2006 abduction and killings of 
Reverend Thiruchchelvan Nihal Jim Brown and Wenceslaus Vinces 
Vimalathas of St. Mary's Church at Allaipiddy on Kayts Island. There 
was no effective investigation into the 2006 abduction of Eastern 
University Vice-Chancellor Raveendranath, who was presumed dead.
    In September the UN Human Rights Committee, which monitors 
compliance with the Optional Protocol to the International Covenant on 
Civil and Political Rights, found the Government responsible for the 
1998 death of Sathasivam Sanjeevan. The committee concluded he had been 
tortured and killed by security forces. The Government did not respond.
    During the year, media reports implicated the LTTE in attacks on 
political opponents and civilians. On January 16, the LTTE targeted a 
passenger bus in Monaragala District, killing 27 civilians including 
three children. On April 8, a suspected LTTE suicide bomber killed 
Minister of Highways and Road Development Jeyaraj Fernandopulle in 
Weliweriya. The LTTE also conducted a number of attacks on military and 
police targets, including the September 9 attack on the air base in 
Vavuniya that reportedly killed up to 20 members of the armed forces.

    b. Disappearance.--Allegedly because of government pressure, the 
Sri Lanka Human Rights Commission (SLHRC) ceased providing statistics 
on forced disappearances by state security forces, progovernment 
paramilitary groups, or the LTTE. According to internationally 
respected monitoring organizations, after declining in mid-2007, the 
number of disappearances increased over the year to more than 500. On 
November 8, the chairman of the Presidential Commission on 
Disappearances, retired High Court Judge Mahanama Tilakaratne, stated 
that 1,100 persons missing or abducted in the past two years were still 
unaccounted for. In March Human Rights Watch (HRW) provided 
documentation on several hundred cases compiled by local human rights 
groups since mid-2006. The greatest concentration of disappearances 
during the year occurred in Vavuniya and the Eastern Province. The HRW 
report concluded that a crucial factor was ``the systemic impunity 
enjoyed by members of the security forces and progovernment armed 
groups for abuses they commit.''
    Witnesses and potential victims identified the perpetrators of many 
abductions as Tamil-speaking armed men using white vans without license 
plates. The Government generally failed to investigate these incidents.
    On May 14, during the country's presentation for the Universal 
Periodic Review at the UN Human Rights Council, the then attorney 
general C.R. De Silva stated that of 355 alleged disappearances 
submitted to the Government, initial investigations revealed 12 persons 
had left the country, 17 persons were back living with their families, 
and 11 young persons had ``eloped.'' De Silva was unable to account for 
the remaining 89 percent of cases on the list. During the year, the 
Government did not indict or convict anyone, including security force 
or paramilitary members, of involvement in disappearance-related cases.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law makes torture a punishable offense and mandates a 
sentence of not less than seven years' imprisonment. However, in the 
few publicized torture convictions since 2004, the courts have 
generally acquitted the defendants or released them on bail pending 
appeal. Human rights groups alleged that some security forces believed 
torture to be allowed under specific circumstances. Following an 
October 2007 visit, UN Special Rapporteur (UNSR) on Torture Manfred 
Nowak concluded that ``torture is widely practiced in Sri Lanka.''
    Methods of torture and abuse reportedly included beatings, often 
with sticks, iron bars, or rubber hose; electric shock; suspending 
individuals by the wrists or feet in contorted positions; burning with 
metal objects and cigarettes; genital abuse; blows to the ears; 
asphyxiation with plastic bags containing chili pepper or gasoline; and 
near-drowning. Detainees reported broken bones and other serious 
injuries as a result of their mistreatment. UNSR Nowak singled out the 
Terrorist Investigative Department facility in Boossa for including the 
``fullest manifestation'' of torture methods.
    In the east and conflict-affected north, military intelligence and 
other security personnel, sometimes working with armed paramilitaries, 
carried out documented and undocumented detentions of civilians 
suspected of LTTE connections. The detentions reportedly were followed 
by interrogations that frequently included torture. When the 
interrogations failed to produce evidence, detainees were often 
released with a warning not to reveal information about their arrests 
and threatened with rearrest or death if they divulged information 
about their detention. Human rights groups estimated that more than 
2,000 LTTE suspects were in regular detention centers, such as prisons, 
with approximately 1,200 more in police stations, the Criminal 
Investigation Division, the Terrorism Investigation Division, army or 
paramilitary camps, or other informal detention facilities. The 
military denied holding detainees at its facilities and did not grant 
access to national or international monitors to investigate claims of 
torture by military forces.
    No accurate, publicly available statistics on reported torture 
cases were available. However, civil society reported on several cases. 
In February police arrested and tortured Dodampe Gamage Asantha 
Aravinda and K. J. Thusara Chaminda in the Pittabaddara police station 
in Matara District. Police beat both severely and threw acid on 
Aravinda's face. On November 12, policemen entered the home of Surangi 
Sandamali Padmini Peiris, the wife of Sugath Nishanta Fernando, and 
severely beat her and her family. Fernando was killed after filing 
bribery and torture charges against police officers in Negombo earlier 
in the year. Following Fernando's funeral, Peiris had given a statement 
in court naming police officers she suspected were behind her husband's 
murder.
    On April 2, the Negombo High Court acquitted six police officers 
charged with torturing Gerald Perera. A victim of custodial torture, 
Perera was killed on a public bus in 2004 a week before he was 
scheduled to give evidence in his case in court. The judge ruled that 
because there were no longer any direct eyewitnesses to prove the 
charges against individual officers, the case could not go forward.
    In May the Supreme Court found that Tony Fernando was tortured in 
2003 by prison officials and awarded him compensation of 150,000 rupees 
($1,330).
    The Asian Human Rights Commission (AHRC) documented the case of 
Sanjaya Sumedha, who was arrested along with his father by the police 
in Kurunegala on July 11. The 14-year-old Sanjaya reported being beaten 
during his nine days of detention and had to spend five days in the 
hospital recovering after his release.

    Prison and Detention Center Conditions.--Prison conditions did not 
meet international standards due to acute overcrowding and lack of 
sanitary facilities. Prisons designed for 8,200 inmates held as many as 
28,000 prisoners, according to the 2007 assessment by UNSR Nowak. In 
some cases juveniles were not held separately from adults. Pretrial 
detainees were not held separately from those convicted. Nowak observed 
prisoners sleeping on the concrete floor and often without natural 
light and sufficient ventilation. Female prisoners were held separately 
from male prisoners and in generally better conditions. However, some 
rights groups alleged that isolated incidents of degrading treatment, 
including overcrowding, maltreatment, or abuse of female prisoners 
occurred. According to Nowak's assessment, ``the combination of severe 
overcrowding and antiquated infrastructure of certain prison facilities 
places unbearable strains on services and resources, which for 
detainees in certain prisons, such as the Colombo Remand Prison, 
amounts to degrading treatment.'' Nowak noted the absence of an 
independent institution responsible for monitoring conditions in 
detention facilities, holding private interviews, and conducting 
medical evaluations of detainees.
    The Government permitted visits by independent human rights 
observers and the International Committee of the Red Cross (ICRC). The 
ICRC reported receiving unrestricted access to government and LTTE-
controlled prison facilities and detention centers. In 2007 the 
Government granted Nowak unrestricted access only to government prisons 
and police detention facilities. However, the Government did not 
provide access to any detention facilities operated by military 
intelligence, stating that none existed. There were credible reports of 
secret government facilities where suspected LTTE sympathizers were 
taken, tortured, and often killed. The ICRC also was not allowed to 
visit suspected illegal detention facilities operated by 
paramilitaries.
    In Jaffna the Council of NGOs recorded that at least 69 individuals 
sought ``humanitarian protection'' in the Jaffna prison. Most of the 
individuals held with their consent claimed that they feared for their 
lives because of threats from security forces or paramilitaries.

    d. Arbitrary Arrest or Detention.--The law prohibited arbitrary 
arrest and detention; in practice such incidents occurred. Under the 
arrest and detention standards imposed by the emergency regulations, 
the law did not clearly define what constitutes an arbitrary arrest. 
Data concerning arrests made during the year under the emergency 
regulations were fragmentary and unreliable. Overall, several thousand 
individuals were detained at least temporarily, the majority of whom 
were released within 24 hours of their arrest.

    Role of the Police and Security Apparatus.--The Inspector General 
of Police (IGP) was responsible for the 65,000 member Sri Lanka Police 
Service (SLPS). The SLPS conducts civilian police functions such as 
enforcing criminal and traffic laws, enhancing public safety, and 
maintaining order. The IGP reports to the Minister of Defense, Public 
Security and Law and Order (in a separate chain of command from that of 
the armed forces and other military units). The 5,850 member 
paramilitary Special Task Force also falls under the Ministry of 
Defense. There was no independent authority to investigate complaints. 
Senior officials in the police force handled complaints against the 
police. Of the police officers serving in Tamil majority areas, few 
were Tamil and most did not speak Tamil or English. Through October, 
after a public recruitment drive, the police hired 175 Tamil-speaking 
policemen to serve in the east. Impunity, particularly for cases of 
police torture and disappearances of civilians within High Security 
Zones (HSZs), was a serious problem, as was corruption. A 2007 AHRC 
assessment cited the Government's tolerance of pervasive corruption as 
a major reason for the police force's incapacity to investigate and 
prosecute cases effectively.
    On October 3, Kandasamy Kugathas and A. Gunaseelan were killed 
after being part of a group of 14 Tamils detained by the police in 
Batticaloa on suspicion of having links to the LTTE. The following 
morning, nine of the remaining 12 were released. Relatives of the 
detained refuted police claims that Kugathas and Gunaseelan were 
released the morning of October 4, reporting that they had seen both at 
the prison that evening. According to eyewitness accounts, the two were 
taken from their cells late at night on October 4 by men in civilian 
clothing, who asked for the victims by name. Six days later Kugathas' 
and Gunaseelan's mutilated bodies were found. The remaining three 
detainees were subsequently released.

    Arrest and Detention.--Under the law authorities must inform an 
arrested person of the reason for arrest and bring that person before a 
magistrate within 24 hours, but in practice it often took a few days 
until the detained persons appeared before a magistrate. A magistrate 
may authorize bail or continued pretrial detention for up to three 
months or longer. Police do not need an arrest warrant for certain 
offenses, such as murder, theft, robbery, and rape. In the case of 
murder, the magistrate must remand the suspect, and only the High Court 
may grant bail. In all cases suspects had the right to legal 
representation. Counsel was provided for indigent defendants in 
criminal cases before the High Court and the Courts of Appeal, but not 
in other cases.
    Under the emergency regulations, the armed forces had the legal 
authority to arrest persons, but they were required to turn suspects 
over to the police within 24 hours. Police could detain a person for a 
period of not more than one year under detention orders issued by a 
deputy inspector general of police or by the secretary of defense. 
After the abrogation of the CFA, the defense secretary extended some 
detentions beyond one year under the Prevention of Terrorism Act. 
Numerous NGOs and individuals complained that the armed forces and 
their paramilitary allies arrested suspected LTTE sympathizers and did 
not turn them over to the police, blurring the line between arrests and 
abductions. Credible reports alleged that security forces and 
paramilitaries often tortured and killed those arrested rather than 
follow legal safeguards.
    In cases when security force personnel were alleged to have 
committed human rights abuses, the Government generally did not seek to 
identify those responsible or bring them to justice. Case law generally 
failed to uphold the doctrine of command responsibility for human 
rights abuses. Human rights organizations noted that some judges 
appeared hesitant to convict on cases of torture because of a seven-
year minimum mandatory sentence with no room for issues of severity or 
duress.
    At year's end, there was no functioning witness protection program. 
According to human rights organizations, obtaining medical evidence of 
torture was difficult, since there were fewer than 25 forensic 
specialists, equipment was lacking, and medical practitioners untrained 
in the field of torture assessment examined most torture victims. In 
some cases police intimidated doctors responsible for collecting the 
evidence.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, but in practice the judiciary at lower levels 
remained reliant on the executive. The President appoints judges to the 
Supreme Court, the High Court, and the Courts of Appeal. A judicial 
service commission, composed of the chief justice and two Supreme Court 
judges, appoints and transfers lower court judges. During the year, the 
Supreme Court demonstrated significant independence from the Government 
in several decisions with regard to detentions and various actions of 
the executive that it found to be arbitrary. However, for several years 
the Government has failed to appoint the Constitutional Council, whose 
function was to ensure the independence of constitutional bodies such 
as the judicial service commission. As a result a series of important 
checks on executive power was absent. Judges may be removed for 
misbehavior or incapacity but only after an investigation followed by 
joint action of the President and the parliament.

    Trial Procedures.--In criminal cases juries try defendants in 
public. Defendants were informed of the charges and evidence against 
them, and they had the right to counsel and the right to appeal. The 
Government provides counsel for indigent persons tried on criminal 
charges in the High Court and the Courts of Appeal but not in cases 
before lower courts. Allegations were made that the Legal Aid 
Commission, which provides such assistance, extorted money from 
beneficiaries. Private legal aid organizations assisted some 
defendants. Juries were not used, however, in cases brought under the 
Prevention of Terrorism Act (PTA). Defendants in PTA cases had the 
right to appeal.
    Defendants were presumed innocent. Confessions obtained by coercive 
means, including torture, were inadmissible in criminal courts. 
Defendants bear the burden of proof, however, to show that their 
confessions were obtained by coercion. Subject to judicial review, in 
certain cases defendants may spend up to 18 months in prison on 
administrative order waiting for their cases to be heard. Once their 
cases came to trial, decisions were made relatively quickly.
    The law required court proceedings and other legislation to be 
available in English, Sinhala, and Tamil. In practice most court 
proceedings outside of Jaffna and the northern parts of the country 
were conducted in English or Sinhala. A shortage of court-appointed 
interpreters restricted the ability of Tamil-speaking defendants to 
receive a fair hearing. Trials and hearings in the north were in Tamil 
and English. While Tamil-speaking judges were present at the magistrate 
level, only four High Court judges, one Appeals Court judge, and one 
Supreme Court justice spoke fluent Tamil. Few legal textbooks existed 
in Tamil.
    The LTTE continued to operate its own ``court system'' composed of 
judges with little or no legal training. LTTE courts operated without 
codified or defined legal authority and essentially as agents of the 
LTTE rather than as an independent judiciary.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees. However, some cases, such as one 
brought against journalist J.S. Tissainayagam under the Prevention of 
Terrorism Act, appeared to be politically motivated.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides for the right to privacy; however, 
the Government infringed on these rights, particularly when conducting 
cordon and search operations in Tamil neighborhoods. On July 2, army, 
police, and Special Task Force units cordoned off and searched Kimbula 
Ela, a predominantly Tamil neighborhood of Colombo. Authorities told 
local residents to vacate their apartments and gather in a nearby 
outdoor playground, where they were called forward and videotaped 
individually. On July 18, as part of preparations for a major South 
Asian summit, the Government ordered 800 families to move from their 
homes in Slave Island, a neighborhood in central Colombo, claiming that 
the land belonged to the Defense Ministry. Before the Supreme Court 
issued a stay, the Government demolished 45 houses. The Government 
moved the affected residents, Muslim, Tamil and Sinhalese, to wooden 
huts approximately three miles away.
    The LTTE routinely interfered with the privacy of citizens by 
maintaining a network of informants.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Government security forces, progovernment paramilitary groups, and the 
LTTE used excessive force and committed abuses against civilians. The 
Government used army commandos known as Deep Penetration Units to 
conduct operations against the LTTE in the LTTE-controlled Vanni. 
However, because of targeting errors, some of these attacks claimed 
civilian victims.
    The LTTE also used special operatives to conduct infiltration 
operations against government security forces. LTTE suicide cadres, 
also known as ``Black Tigers,'' killed civilians in attacks targeted at 
the opposing military force. The LTTE reportedly used chemical agents, 
such as tear gas or CS riot control gas, in combat situations.

    Killings.--In Jaffna the progovernment paramilitary EPDP used a 
network of informants and worked with military intelligence and other 
government security forces to identify, abduct, and kill alleged LTTE 
sympathizers or operatives. The TMVP used a similar network of 
informants in the east to discover and eliminate possible LTTE 
operatives or sympathizers.
    The TMVP, the EPDP, and other paramilitary organization ran 
extortion rings. These groups allegedly killed civilians, in many cases 
following abductions. According to credible reports, the Government 
provided protection, intelligence, and military training to TMVP and 
EPDP cadres who committed extrajudicial killings, abductions, 
extortion, and torture.
    On October 6, a suicide bomber killed the leader of the opposition 
in the North Central Provincial Council; retired Major General Janaka 
Perera; an opposition organizer, Raja Johnpulle; and 26 others in 
Anuradhapura. The Government and most observers held the LTTE 
responsible for the attack, although others accused the TMVP. However, 
senior opposition politicians also blamed the Government for not 
providing Perera, a known LTTE target, with adequate personal security.
    On October 9, an LTTE suicide bomber attacked Minister of 
Agricultural Development and Agrarian Services Development Mathripala 
Sirisena's convoy in Boralegamuwa outside of Colombo. The minister 
escaped unharmed, but one civilian was killed and five injured in the 
blast.

    Abductions.--In the east the TMVP often operated without hindrance 
in internally displaced persons (IDP) camps under government control 
and restricted humanitarian access. Abductions and forced recruitment 
by the TMVP took place in IDP camps in Batticaloa and Trincomalee 
districts.
    During the year, the LTTE continued to detain civilians, often 
requiring individuals, including children, to fight government security 
forces against their will. The Tigers enforced a ``one family, one 
fighter'' policy, forcing each family to provide at least one recruit 
to the LTTE. As the year progressed and the LTTE's military position 
deteriorated, monitoring groups reported more aggressive recruitment by 
the LTTE, including of older teenagers. The LTTE required individuals 
to purchase the right to leave LTTE-controlled territory. The LTTE also 
allegedly used civilians as human shields.

    Physical Abuse, Punishment, and Torture.--On January 28, a claymore 
mine attack killed 17 civilians, including nine school children, near 
Madhu, an area controlled by the LTTE at the time. A military 
spokesperson denied the army was behind the attack.
    International demining efforts sought to address the barriers posed 
by landmines, booby traps, and unexploded ordnance to resettlement of 
IDPs and rebuilding in the east after the Government's expulsion of the 
LTTE.
    The LTTE and the TMVP continued to interfere with the work of 
international NGOs. The LTTE prevented refugees from leaving areas 
under its control in the north and sought to influence aid 
organizations in areas under its control. In the east credible sources 
linked the TMVP to the October 29 abduction of Sankarapillai Shantha 
Kumar, a member of the NGO Consortium in Akkaraipattu, Ampara District. 
Although a complaint was filed, at year's end he remained missing and 
there was no progress on the investigation.

    Child Soldiers.--Both the LTTE and the TMVP recruited and used 
minors in their armed wings. However, UN Children's Fund (UNICEF) 
figures noted significant reductions in the scale of recruitment 
compared to prior years.
    The LTTE had not complied with the promise to end the use of all 
minors by the end of 2007. As the conflict worsened, credible sources 
alleged that the LTTE's ``one family, one fighter'' policy included 
forced recruitment of all age groups, including older teenagers. 
Through the end of November UNICEF reported that the LTTE forcibly 
recruited (or rerecruited) 26 children during the year with an average 
age of 17 years. As of November 30, 99 children remained in LTTE 
custody, as well as 1,325 who were recruited as children but were over 
18 at year's end.
    The TMVP released a total of 39 child soldiers on April 7 and April 
24. Some children were immediately returned to their parents, while 
others went to a government rehabilitation center in Ambepussa. UNICEF 
reported that as of November 30, 56 children were still serving in the 
TMVP while an additional 71 who had been recruited as children were now 
over the age of 18. However, the TMVP continued to recruit and 
rerecruit children, albeit at much lower levels than in previous years.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press. Although the Government owned the country's 
largest newspaper chain, two major television stations, and a radio 
station, private owners operated a variety of independent newspapers, 
journals, and radio and television stations. The Government imposed no 
political restrictions on the establishment of new media enterprises. 
Several foreign media outlets operated in the country.
    Media freedom deteriorated in the Colombo area, as well as in the 
conflict-affected north and east. Many journalists practiced self-
censorship. In April Freedom House released its 2007 Global Freedom 
Report, which categorized the country's press as ``not free.'' Other 
national and international media freedom organizations and journalists' 
associations expressed concern over media freedom and were sharply 
critical of the Defense Ministry's role in harassing and intimidating 
journalists.
    The Government made several attempts to prevent independent media 
houses from criticizing the Government and its policies. Senior 
government officials repeatedly accused critical journalists of treason 
and often pressured editors and publishers to run stories that 
portrayed the Government in a positive light.
    Media personnel were subject to threats and harassment during the 
year. Statements by government and military officials, including 
Defense Secretary Gothabaya Rajapaksa, Army Commander Sarath Fonseka, 
and Minister of Labor Mervyn Silva, contributed to an environment in 
which journalists who published articles critical of the Government 
felt under threat. On August 4, Minister of Labor Mervyn Silva and his 
entourage physically assaulted two television journalists. On November 
14, Silva and three others were indicted by the attorney general in the 
High Court of Colombo on nine counts of unlawful assembly, mischief, 
robbery, and assault for this incident. On December 17, the case was 
settled when Silva agreed to pay the equivalent of 750,000 rupees 
($6,640) in damages and to refrain from attacking journalists in the 
future.
    On March 7, the Terrorism Investigation Division arrested Sunday 
Times columnist J.S. Tissainayagam under the emergency regulations, 
along with V. Jasiharan and Valamarthy Vadivel, the owners of a 
printing press and Tissainayagam's partners in an internet Web site. 
The Government formally indicted Tissainayagam and his colleagues under 
the PTA on August 25, the first time media personal had been charged 
under the PTA in the 30-year history of the act. The state accused 
Tissainayagam, as the editor and publisher of the North Eastern Monthly 
magazine, of conspiracy to discredit the Government, intent to aid and 
abet a terrorist organization, and the receipt of money from NGOs to 
support terrorism through the publishing of his magazine. The 
Government found comments against security forces to be aiding and 
abetting the LTTE by causing communal disharmony and bringing the state 
into disrepute. The case was ongoing at the end of the year. All three 
remain in detention. The families of the detained journalists reported 
receiving threats from unidentified persons.
    On May 22, unidentified men kidnapped and severely beat deputy 
editor and defense columnist of the Nation newspaper Keith Noyahr. 
After several hours Noyahr was released near his home. General 
Secretary of the Sri Lanka Working Journalists' Association Poddala 
Jayantha believed that Noyahr's writing and analysis of the civil war 
were the reasons for the attack. No individuals were charged with the 
assault.
    On May 28, television correspondents P. Devakumaran and Mahendran 
Varadan were killed while returning home on a motorbike in Navanthurai 
in Jaffna.
    On July 1, journalist and Project Coordinator at the Sri Lankan 
Press Institute Namal Perera and a British High Commission local staff 
member were attacked by six persons as they travelled from the Press 
Institute's offices. Both were injured, and there were no arrests.
    The LTTE tightly restricted the print and broadcast media in areas 
under its control. Reporters Without Borders named LTTE leader 
Velupillai Prabhakaran as a ``predator of press freedom.'' The LTTE 
reportedly intimidated Colombo-based Tamil journalists, and self-
censorship was common for journalists covering LTTE-controlled areas.

    Internet Freedom.--In June 2007, the Government ordered the 
country's two largest Internet service providers to restrict access to 
TamilNet, a pro-LTTE news Web site. At the end of the year, access had 
not been restored.
    Individuals and groups could generally engage in the expression of 
views via the Internet, including via e-mail. A number of Web sites, 
some sponsored by opposition parties, were critical of the Government. 
The Government took no measures against several Web sites calling for 
the killing of ``traitors to the Sinhala nation.''

    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; however, some restrictions 
existed. For example, the 2005 emergency regulations give the President 
the power to restrict meetings, assemblies, and processions. The law 
states that rallies and demonstrations of a political nature cannot be 
held when a referendum is scheduled, but the Government generally 
granted permits for demonstrations, including those by opposition 
parties and minority groups.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right in 
practice; however, some restrictions existed, such as those under the 
emergency regulations. The Government often used informants to target 
individuals for arrests and interrogation based on their association.
    The LTTE did not allow freedom of association in the areas it 
controlled. Both the LTTE and TMVP reportedly forced persons to attend 
political rallies.

    c. Freedom of Religion.--The law accords Buddhism a foremost 
position, but it also provides for the right of members of other faiths 
to practice their religions freely, and the Government generally 
respected this right in practice. There was no state religion, although 
the majority of citizens were followers of Buddhism.
    Foreign clergy may work in the country, but the Government sought 
to limit the number of foreign religious workers given temporary work 
permits. Permission usually was restricted to denominations registered 
with the Government.
    While the courts generally upheld the right of Christian groups to 
worship and to construct facilities to house their congregations, local 
authorities manipulated rules to prevent registration of new Christian 
denominations or construction or expansion of worship facilities. The 
Supreme Court ruled in 2003 that although the constitution supports the 
right of individuals to practice any religion, it does not support the 
right to proselytize.

    Societal Abuse and Discrimination.--On July 6, five Buddhist monks 
stopped services at the Calvary Church in Thalahena, Malabe. Police 
sent the congregation home and failed to stop villagers from ransacking 
the church and assaulting the pastor and five workers. Police later 
arrested eight suspects, who were released on bail July 7. No further 
action had been taken at year's end.
    In Trincomalee on September 21, Sivakururaja Kurukkal, chief priest 
of the Koneswaram Temple, was killed while travelling in a high-
security area near several government checkpoints. There were no 
further developments in the investigation.
    Tensions were reported between members of the Muslim and Tamil 
communities in the east as a result of the intimidation and harassment 
of Muslims by the TMVP. For example, on May 26, 3,000 Muslims in Eravur 
closed their shops and demonstrated against recent shootings of Muslims 
in the area. On June 2, the Muslim communitiesin Kattankudy and Eravur 
conducted a general strike following the funeral of a Muslim killed in 
Kallady a day earlier.
    There were no reported cases of anti-Semitism.
    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 grants every citizen 
``freedom of movement and of choosing his residence'' and ``freedom to 
return to the country.'' However, in practice the Government severely 
restricted this right on multiple occasions. The war with the LTTE 
prompted the Government to impose additional checks on travelers from 
the north and the east and on movement to Colombo. In Colombo police 
refused to register Tamils from the north and the east, as required by 
Emergency Regulation 23, sometimes forcing them to return to their 
homes in areas affected by the conflict. Tamils were subject to onerous 
restrictions on fishing in Jaffna and Trincomalee.
    The Government required Tamils, especially those living in Jaffna, 
to obtain special passes issued by security forces to move around the 
country. Unlike other citizens, ethnic Tamil's identification cards 
were printed in both Sinhalese and Tamil, allowing security forces 
immediately to determine who was an ethnic Tamil. Citizens of Jaffna 
were required to obtain permission from the army's Civil Affairs unit, 
or in some cases from the EPDP, to leave Jaffna. According to several 
sources, the waiting list was more than five months long. Curfews 
imposed by the army also restricted the movement of Jaffna's citizens.
    Security forces at army checkpoints in Colombo frequently harassed 
Tamils. After the Government assumed effective control of the east, 
both the Government and the TMVP operated checkpoints that impeded the 
free movement of residents, especially Tamils.
    The Government maintained its closure of a highway crossing near 
Jaffna and restricted the movement of passengers and supplies into the 
LTTE-controlled Vanni region through another crossing. The Government 
instituted additional checks on movements in all directions a key 
junction near Medawachiya. In November 2007 the defense secretary 
issued a verbal directive prohibiting civilians from traveling from 
LTTE to government-controlled areas at a crossing near Omanthai without 
special clearance from the Government agents in the LTTE-held Vanni. 
Commercial flights to the Vanni remained suspended, and the LTTE 
refused to guarantee the safety of civilian flights and of passenger 
and supply ships operated by the ICRC or the Government.
    Limited access continued near military bases and the HSZs where 
civilians could not enter. The HSZs extended up to an approximately 
2.5-mile radius from the fences of most military camps. Some observers 
claimed the HSZs were excessive and unfairly affected Tamil 
agricultural lands, particularly in Jaffna. In 2007 the President 
announced the creation of a large HSZ in Muttur East and Sampur on land 
previously inhabited by Tamils before fighting between government 
security forces and the LTTE caused the Tamils to flee. The Supreme 
Court dismissed lawsuits challenging this HSZ, holding that government 
security measures could not be the subject of a private lawsuit.

    Internally Displaced Persons (IDPs).--In May Walter Kalin, the 
representative of the Secretary General on the Human Rights of 
Internally Displaced Persons, issued a report that placed the number of 
IDPs in the country at the beginning of the year at more than 577,000. 
This included those displaced by previous phases of the conflict, as 
well as by the 2004 tsunami. The UN High Commissioner for Refugees 
(UNHCR) reported in December that there were 261,453 IDPs in the north 
and east that had been displaced since January 2006. Of these, 
approximately 230,000 were newly displaced as a result of renewed 
hostilities in the north.
    Of the 170,000 persons reportedly displaced across the Eastern 
Batticaloa and Trincomalee districts between 2006 and 2007, all but 
8,300 IDPs in Batticaloa and 4,200 IDPs in Trincomalee returned under 
the government- and UNHCR-facilitated returns process began during the 
year. Among the long-term displaced were tens of thousands of Muslims 
evicted from Jaffna in 1990 by the LTTE, many of whom remained in camps 
in Puttalam. The Government had not permitted other recent IDPs, 
primarily Tamils, to return home because their places of origins were 
declared HSZs.
    The UNHCR found sexual abuse to be prevalent in IDP camps and 
engaged in a number of initiatives with local and international NGOs to 
address the problem. In addition to sexual abuse, credible accounts 
noted that the TMVP conducted forced recruitment of children and young 
adults in IDP camps.
    The LTTE continued to impose a pass system restricting the flow of 
persons exiting the Vanni region through the established checkpoints. 
The LTTE regularly taxed civilians traveling through areas it 
controlled.
    Fighting between the LTTE and government forces continued to 
threaten the safety of IDPs and humanitarian agents in the north. In 
early September military aircraft bombed the town of Kilinochchi in 
LTTE-controlled territory, for the third time barely missing the 
offices of the UN World Food Program and the UN Office for the 
Coordination of Humanitarian Affairs. Shortly thereafter, the 
Government ordered all international humanitarian organizations except 
the ICRC out of the north, citing security concerns. As a result 
international humanitarian assistance providers reported difficulty in 
transporting supplies to areas of great need, including shelter 
materials and medical supplies.
    As government troops advanced towards Kilinochchi, the 
administrative capital of the LTTE-held territory, tens of thousands of 
local residents were forced to flee deeper into the Vanni. At year's 
end, there were an estimated 230,000-300,000 IDPs living in LTTE-held 
territory that had an estimated overall population of 375,000. Many 
families had been forced to move multiple times.
    When displaced persons reached government-controlled territory, the 
Government generally did not permit them to move on but detained them 
in internment camps. More than 800 persons, most originating from 
Jaffna and Kilinochchi, were reportedly confined in two IDP camps in 
Mannar District. Strictly enforced camp rules required that any person 
leaving the barbed wire-encircled camp must obtain permission and leave 
one family member behind. Persons without family members were not 
permitted to leave the camp until a group of single persons requested 
permission and can be escorted by security forces. Humanitarian 
conditions, especially sanitation, reportedly fell short of 
international standards. This prolonged detention violates 
international practices on treatment of IDPs and the constitution.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government did not establish 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 UNHCR 
and other humanitarian organizations in assisting IDPs and refugees.
    As of October 31, 2,394 Sri Lankan citizens had fled to India. 
Children and adults were killed as a result of Sri Lankan Navy attacks 
on boats with refugees in the Palk Strait between the country and 
India.

    Stateless Persons.--The 2003 Grant of Citizenship to Persons of 
Indian Origin Act recognized the Sri Lankan nationality of previously 
stateless persons, particularly Hill Tamils. The Government took steps 
to naturalize and provide citizenship documentation to most stateless 
persons. However, at the beginning of the year, documentation efforts 
had not reached an estimated 70,000 Hill Tamils, who remained 
vulnerable to arbitrary arrest and detention. Government ministers from 
political parties representing Hill Tamils stated that efforts were 
underway to provide national identity cards and other citizenship 
papers to those without adequate documentation.
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.--The President, elected in 
2005 for a six-year term, holds executive power, while the 225-member 
parliament, elected in 2004, exercises legislative power.
    The EU Election Observation Mission described the 2005 Presidential 
election as generally satisfactory. The LTTE enforced a boycott of the 
polls and conducted seven grenade attacks in the north and east. As a 
result, less than 1 percent of voters in the north were able to 
exercise their right to vote. At year's end there was no resolution of 
the parliamentary investigation opened in 2007 into persistent media 
allegations of a preelection agreement between the Rajapaksa campaign 
and the LTTE to suppress Tamil votes.
    On May 10, the Government held elections for a newly created 
Eastern Provincial Council (EPC). On June 4, TMVP leader Pillaiyan took 
office as chief minister of the EPC. Opposition parties and observer 
groups criticized the vote for alleged irregularities, accusing the 
TMVP of violence and intimidation.
    On August 23, the Government won majorities in provincial council 
elections in the North Central and Sabaragamuwa provinces. Observers 
indicated that the votes in both provinces were generally free and 
fair, despite serious election-related violence in the weeks leading up 
to the vote.
    There were 14 women in the 225-member parliament, five female 
ministers, and two women out of 11 justices on the Supreme Court. There 
were 34 Tamils and 24 Muslims in the parliament. There was no provision 
for or allocation of a set number or percentage of political party 
positions for women or minorities.

    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 tendering and procurement process for government contracts was 
not transparent, leading to allegations of corruption by the losing 
bidders. Senior officials served as corporate officers of several 
quasi-public corporations, including Lanka Logistics and Technologies, 
which the Government established in 2007 and designated as the sole 
procurement agency for all military equipment. Critics alleged that 
large kickbacks were paid during the awarding of certain defense 
contracts. The Government used state pension funds to set up a new 
loss-making budget airline, Mihin Air, in 2007 with many of the same 
officials serving as corporate officers. On May 1, Mihin Air went 
bankrupt, but the 2009 budget allocated several million dollars to 
restart operations.
    The Commission to Investigate Allegations of Bribery or Corruption 
received 2,668 complaints, of which 965 were under investigation at 
year's end.
    There was no law 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 
continued to investigate and publish their findings on human rights 
cases despite increasing government restrictions.
    The Government continued to allow the ICRC unrestricted access to 
declared detention facilities. The ICRC provided international 
humanitarian law training materials and training to the security 
forces. During the year, the ICRC also delivered health education 
programs in LTTE-controlled areas in the north and east and provided 
materials, such as hygiene products, clothes, and recreational items, 
to prison detainees.
    By statute the SLHRC has wide powers and resources and may not be 
called as a witness in any court of law or be sued for matters relating 
to its official duties. However, in practice the SLHRC rarely used its 
powers. No actions were taken to investigate the more than 200 cases 
reported to the Jaffna Branch of the SLHRC since 2006. The SLHRC did 
not have enough staff or resources to process its caseload of pending 
complaints, and it did not enjoy the full cooperation of the 
Government. The SLHRC had a tribunal-like approach to investigations 
and declined to undertake preliminary inquires in the manner of a 
criminal investigator. In December 2007 the International Coordinating 
Committee of National Human Rights Institutions downgraded the SLHRC to 
observer status, citing government interference in the work of the 
SLHRC.
    The SLHRC's torture prevention monitoring unit, established in 
2004, ceased effective functioning in 2006 because of inadequate 
funding.
    In 2004 the LTTE set up the Northeast Secretariat of Human Rights 
(NESOHR). Since its inception, NESOHR received hundreds of complaints 
ranging from land disputes to child recruitment complaints. Some groups 
questioned NESOHR's credibility because of its close ties to the LTTE.
    The Government continued to refuse the request by the UN High 
Commissioner for Human Rights for an expanded mission and an 
independent presence in the country. The Ministry of Defense, 
government officials, and diplomatic missions abroad regularly accused 
human rights NGOs and UN bodies of bias.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal rights for all citizens, and the 
Government generally respected these rights in practice; however, there 
were instances where gender and ethnic-based discrimination occurred.

    Women.--The law prohibiting domestic violence was not effectively 
enforced. Sexual assault, rape, and spousal abuse were pervasive 
problems. The law specifically addresses sexual abuse and exploitation, 
and it contains provisions in rape cases for an equitable burden of 
proof and stringent punishments. Marital rape is considered an offense 
only in cases of spouses living under judicial separation. While the 
law may ease some of the problems faced by victims of sexual assault, 
many women's organizations believed that greater sensitization of 
police and the judiciary was necessary. The Bureau for the Protection 
of Children and Women (BPCW) within the police conducted awareness 
programs in schools and at the grassroots level, causing women to come 
forward and lodge complaints. However, the Government did not increase 
recruitment of female police officers to alleviate the problem. The 
BPCW received 723 complaints of grave violent crimes and 1,908 minor 
crimes against women through October, representing a decrease from 2007 
levels.
    Civil society activists reported that the resumption of the 
conflict had led to an increase in gender-based violence perpetrated by 
the security forces. Statistics were unavailable because few, if any, 
charges were filed in such incidents. For example, human rights groups 
in northern districts alleged that the wives of men who had disappeared 
and who suffered economic deprivation as a result often fell prey to 
sexual exploitation by paramilitaries and members of the security 
forces.
    According to the BPCW, 253 reported incidents of rape occurred 
through October. Services to assist victims of rape and domestic 
violence, such as crisis centers, legal aid, and counseling, were 
generally limited.
    Prostitution, although illegal, was prevalent. Some members of the 
police and security forces reportedly participated in or condoned 
prostitution. Trafficking in women for forced labor also occurred.
    Sexual harassment was a criminal offense carrying a maximum 
sentence of five years in prison; however, the Government did not 
enforce the law. Women often experienced sexual harassment.
    The law provides for equal employment opportunity in the public 
sector. In practice women had no legal protection against 
discrimination in the private sector, where they sometimes were paid 
less than men for equal work and experienced difficulty in rising to 
supervisory positions. Although women constituted approximately half of 
the formal workforce, according to the Asian Development Bank, the 
quality of employment available to women was less than that available 
to men. The demand for female labor was mainly for casual and low-paid, 
low-skill jobs. Women's participation in politics was approximately 5 
percent in the parliament and the provincial councils.
    Women had equal rights under national, civil, and criminal law. 
However, adjudication according to the customary law of each ethnic or 
religious group of questions related to family law, including divorce, 
child custody, and inheritance, resulted in de facto discrimination. 
The minimum age of marriage for women was 18 years, except in the case 
of Muslims, who may follow their customary marriage practices and marry 
at the age of 15. Women were denied equal rights to land in government-
assisted settlements, as the law does not institutionalize the rights 
of female heirs.

    Children.--The law required children between the ages of five and 
14 to attend school. The Government provided extensive systems of 
public education and medical care. Education was free through the 
university level. Health care, including immunization, was also free.
    Under the law the definition of child abuse includes all acts of 
sexual violence against, trafficking in, and cruelty to children. The 
law also prohibits the use of children in exploitative labor or illegal 
activities or in any act contrary to compulsory education regulations. 
It also defines child abuse to include the involvement of children in 
war.
    NGOs attributed the problem of exploitation of children to the lack 
of enforcement, rather than to inadequate legislation. The conflict 
with the LTTE had priority in the allocation of law enforcement 
resources. However, the police's BPCW conducted investigations into 
crimes against children and women. The National Child Protection 
Authority (NCPA) included representatives from the education, medical, 
police, and legal professions and reported directly to the President. 
From January to October, the BCPW received 888 complaints of grave 
violent crimes and 1,787 of minor crimes against children.
    The Government advocated greater international cooperation to bring 
those guilty of sexual exploitation of children to justice. Although 
the Government did not keep records of particular types of violations, 
the law prohibits sexual violations against children, defined as 
persons less than 18 years, particularly in regard to child 
pornography, child prostitution, and the trafficking of children. 
Penalties for violations related to pornography and prostitution range 
from two to five years of imprisonment. The penalties for sexual 
assault of children range from five to 20 years' imprisonment and an 
unspecified fine. Through September the Government opened 1,650 files, 
of which 746 resulted in indictments for sexual assault and 
exploitation of children, including statutory rape; 174 were dismissed. 
The remaining cases were pending at year's end.
    Following the 2004 tsunami, the NCPA launched a successful 
awareness campaign to protect orphaned or displaced children from 
sexual abuse. Commercial sexual exploitation of children remained a 
problem in coastal resort areas. Private groups estimated that there 
were approximately 6,000 children exploited for commercial sex in the 
country. Sri Lankan citizens were responsible for much of the 
commercial sexual exploitation of children. However, the International 
Labor Organization (ILO) and UNICEF found that foreign tourists 
exploited thousands of children, especially boys, for commercial sex, 
most of whom were forced into prostitution by traffickers. The 
Department of Probation and Child Care Services provided protection to 
child victims of abuse and sexual exploitation and worked with local 
NGOs that provided shelter. The tourist bureau conducted awareness-
raising programs for at-risk children in resort regions prone to sex 
tourism.

    Trafficking in Persons.--The law prohibited trafficking in persons. 
Legal penalties for trafficking include imprisonment for two to 20 
years and a fine. For trafficking in children, the law allowed 
imprisonment of three to 20 years and a fine.
    The country was both a point of origin and destination for 
trafficked persons. Sri Lankan men and women migrated legally to the 
Middle East, Singapore, Hong Kong, Malaysia, and South Korea primarily 
to work in construction, factories, and as domestics. A small 
percentage of those who went abroad found themselves in situations of 
involuntary servitude, facing restrictions on movement, threats, and 
physical or sexual abuse. Illegal recruitment agencies charged large 
predeparture fees that forced some migrants into debt bondage.
    The Bureau of Foreign Employment (BFE) has responsibility to 
protect and assist workers who go abroad for work. The BFE estimated 
that approximately 1.6 million Sri Lankans were working abroad at the 
end of 2007. The BFE licensed recruitment agencies and had three 
offices to protect migrant workers abroad: a police detachment that 
raided and arrested bogus recruitment agencies, an office that mediated 
with foreign employers and recruiting agencies to resolve workers' 
complaints, and a prosecutorial department that tried cases against 
unlicensed recruiting agencies. The BFE conducted a publicity campaign 
to warn of the dangers of going abroad illegally and of using 
illegitimate recruitment agencies. Lack of effective enforcement 
against violators and the infrequency of punishment for abuses provided 
little incentive for operators to refrain from illegal but lucrative 
practices. In 2007 the BFE received 8,445 complaints. The largest 
category of these (38 percent) was for nonpayment of wages.
    Women and children were reportedly trafficked internally for 
domestic and sexual servitude. No statistics were available on the 
extent of this problem. A smaller number of Thai, Chinese, and Russian 
women and women from the former Soviet Union were also trafficked into 
the country for commercial sexual exploitation.
    The NCPA had primary responsibility for prevention of trafficking 
in children. It had a Special Police Investigations Unit, with arrest 
authority, that focuses on combating the trafficking of children for 
commercial and sexual exploitation. The NCPA had several cases pending 
against child traffickers, but no trials were completed. As in the case 
of other criminal proceedings in the country, it may take up to a 
decade to secure a conviction. The NCPA also operated rehabilitation 
centers for abused children, including child trafficking victims, in 
Negombo and Kalutara. The centers provided shelter, counseling, legal 
assistance, and career guidance for victims. A Probation Department 
worked to reintegrate children with their families. The Government also 
conducted awareness campaigns to educate persons about trafficking.
    The Government continued its programs to monitor immigration by 
suspected traffickers or sex tourists, including a cyber watch project 
to monitor suspicious Internet chatrooms.
    The military's Judge Advocate General's Court of Inquiry found 15 
soldiers, including two officers, guilty in the 2007 case of the 
country's peacekeepers in Haiti sexually exploiting children while they 
were stationed there under UN auspices. Some were sentenced to receive 
dishonorable discharges; others were to be punished summarily with 
penalties including a combination of loss of seniority or rank, 
confinement to barracks, loss of pay, and General Officer Letters of 
Reprimand.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip

    Persons With Disabilities.--The law forbids discrimination against 
any person on the grounds of disability; however, in practice 
discrimination occurred in employment, education, and provision of 
state services. The Department of Social Services operated eight 
vocational training schools for persons with physical and mental 
disabilities and sponsored a program of job training and placement for 
graduates. The Government provided financial support to NGOs that 
assisted persons with disabilities including subsidizing prosthetic 
devices, making purchases from suppliers with disabilities, and 
registering 74 NGO-run schools and training institutions for persons 
with disabilities. The Department of Social Services selected job 
placement officers to help the estimated 200,000 work-eligible persons 
with disabilities find jobs. Despite these efforts, persons with 
disabilities faced difficulties due to negative attitudes and societal 
discrimination.
    There were regulations on accessibility; however, in practice 
accommodation for access to buildings for persons with disabilities was 
rare. The Department of Social Services provided housing grants, self-
employment grants, and medical assistance to persons with disabilities. 
In 2007 the department began offering a monthly allowance of 
approximately 3,000 rupees ($27) to families of the disabled. At year's 
end, 2,125 families had received this grant.

    National/Racial/Ethnic Minorities.--Both local and Indian origin 
Tamils maintained that they suffered longstanding systematic 
discrimination in university education, government employment, and in 
other matters controlled by the Government. According to the SLHRC, 
Tamils also experienced discrimination in housing.
    Tamils throughout the country, but especially in the conflict-
affected north and east, reported frequent harassment of young and 
middle-aged Tamil men by security forces and paramilitary groups.

    Indigenous People.--The country's indigenous people, known as 
Veddas, numbered fewer than 1,000. Some preferred to maintain their 
traditional way of life and are nominally protected by the law. There 
were no legal restrictions on their participation in political or 
economic life. However, lack of legal documents was a problem for many. 
Vedda communities complained that they were pushed off their lands by 
the creation of protected forest areas, which deprived them of 
traditional livelihoods.

    Other Societal Abuses and Discrimination.--The law criminalizes 
homosexual activity, but this was not enforced. Some NGOs working on 
lesbian, gay, bisexual, and transgender issues did not register with 
the Government. In recent years human rights organizations reported 
that police harassed, extorted money or sexual favors from, and 
assaulted gay men in Colombo and other areas.
    There was no official discrimination against those who provided HIV 
prevention services or against high-risk groups likely to spread HIV/
AIDS, although there was societal discrimination against these groups.
Section 6. Worker Rights
    a. The Right of Association.--The law allowed workers to form and 
join unions of their choice without previous authorization with the 
exception of members of the armed forces and police officers, who are 
not entitled to unionize. Seven workers may form a union, adopt a 
charter, elect leaders, and publicize their views. Forty percent of an 
establishment must belong to the same union to compel the employer to 
recognize the union. In practice such rights were resisted by the 
management of individual factories and administrative delays by the 
Government in registering unions. Approximately 20 percent of the seven 
million-person work force nationwide and more than 70 percent of the 
plantation work force was unionized. In total there were more than one 
million union members. Approximately 15 to 20 percent of the 
nonagricultural work force in the private sector was unionized. Unions 
represented most workers in large private firms, but workers in small-
scale agriculture and small businesses usually did not belong to 
unions. Public sector employees were unionized at very high rates.
    Under the law workers in the Export Processing Zones (EPZs) have 
the same rights to join unions as other workers. Although some unions 
were able to organize EPZ workers, forming trade unions was more 
difficult in the zones, as some employers tried to undermine the 
formation of unions there. As a consequence the unionization rate 
within the EPZs was under 10 percent of the workforce. As of September 
2007 fewer than 10 trade unions were active in EPZs, partially because 
of access restrictions on outsiders to enter the zones. According to 
the Board of Investment (BOI), in September 2007, unions were 
attempting to operate in 33 out of 264 factories in the EPZs; however, 
they were formally recognized in only 12 of these factories.
    Most large unions were affiliated with political parties and played 
a prominent role in the political process, although some major unions 
in the public sector were politically independent. The Ministry of 
Labor Relations and Manpower was authorized by law to cancel the 
registration of any union that does not submit an annual report, the 
only grounds for the cancellation of registration.
    By law all workers, other than police, armed forces, prison 
service, and those in essential services, have the right to strike, but 
the Government did not enforce this law uniformly. Workers may lodge 
complaints with the commissioner of labor, a labor tribunal, or the 
Supreme Court to protect their rights. Strikes are forbidden in areas 
that are determined by the President to be ``any service which is of 
public utility or is essential for national security or for the 
preservation of public order or to the life of the community and 
includes any Department of the Government or branch thereof.'' No 
services have been declared essential to date.
    The law prohibits retribution against strikers in nonessential 
sectors; in practice, however, employees were sometimes fired for 
striking. Credible sources reported that in 2007 a company in an Export 
Processing Zone terminated two union officers for engaging in union 
activity and organizing a strike.
    The Supreme Court occasionally intervened to stop public sector 
trade union actions when they threatened business or government 
operations. In 2006 the Supreme Court issued a restraining order 
preventing unions at the Colombo Port from striking at the request of 
the industry group Joint Apparel Associations Forum (which later 
withdrew its request in December 2007) after the unions ignored a lower 
court directive to return to work. The trade unions filed a complaint 
with the ILO Committee of Freedom of Association. In November 2007 the 
ILO observed that ports do not constitute an essential service and 
considered the restriction on the port workers as contrary to ILO 
principles. The ILO requested the Government to expedite the judicial 
process and take necessary steps to ensure that the committees' 
observations regarding the right to strike were conveyed to the Supreme 
Court. The Supreme Court held that while proceedings were pending in 
the highest court of the country, the unions should not seek redress 
from an external body. The court ruled that the ILO complaint defied 
the Supreme Court and the law of the country. In June the ILO responded 
that its competence to examine allegations were not subject to national 
procedures and that due to its mandate, the matters dealt with by the 
ILO no longer fall within the exclusive sphere of States. As such the 
action taken by the ILO cannot be considered interference in internal 
affairs. Despite the ILO's recommendations with regard to the right to 
strike in 2007, the Supreme Court acted on one occasion during the year 
to end a strike. In September when teachers struck over compensation 
issues, the Supreme Court asked the Government to address teacher 
grievances and ordered teachers to return to work.
    The law allows unions to conduct their activities without 
interference, and the Government enforced the law unevenly. Public 
sector unions are not allowed legally to form federations, but the law 
was not generally enforced. The law prohibits workers between 16 and 21 
years old from leadership positions in a union. The International Trade 
Union Confederation (ITUC) reported that union officials and organizers 
were harassed and intimidated with impunity in response to legitimate 
union activities, including arrests, libel, and death threats.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to collective bargaining; however, the 
Government did not enforce it. All collective agreements must be 
registered at the Department of Labor. In 2007 66 collective agreements 
were registered.
    The Employer's Federation of Ceylon (EFC) employs an estimated 15 
percent of the country's three million private sector workforce, 
primarily in the tourism, finance, plantations, manufacturing, and 
services sectors. The EFC did not have members from the large informal 
sector or foreign or government employees. About half of EFC's 520-
company membership had a unionized workforce, and approximately 44 
companies in the EFC had collective agreements with workers.
    Employers found guilty of antiunion discrimination must reinstate 
workers fired for union activities but may transfer them to different 
locations. Antiunion discrimination was a punishable offense liable for 
a fine of 20,000 rupees ($177). Since 1999 the Government has not 
prosecuted any company or union for unfair labor practices under 
section 32A of the Industrial Disputes Act; however, some were 
prosecuted under various other labor laws, such as the Wages Board Act, 
Employees Provident Fund Act, Termination Act, or other sections of the 
Industrial Disputes Act, and several employers were under 
investigation. In practice employers often delayed recognition of 
unions for collective bargaining indefinitely. The ITUC reported that 
employers used these delays to identify, victimize, terminate, and 
sometimes assault or threaten union activists.
    In most EPZ enterprises, worker councils, composed of elected 
representatives of employees, engaged in labor and management 
negotiations. In accordance with BOI guidelines, they participated in 
labor-management negotiations. As of September 2007 worker councils 
were active in 110 factories. The ILO approved the right of worker 
councils to engage in collective bargaining, provided worker councils 
were not used to undermine the position of unions. NGOs and unions 
reported that undermining did occur.
    There were three operating collective agreements with unions in the 
EPZs during 2007, out of 264 enterprises. Labor representatives alleged 
that the BOI and the Department of Labor discouraged union activity 
within EPZ factories and favored worker councils. Restricted access to 
the EPZs for union and NGO organizers made it difficult to organize. 
Labor representatives alleged that the labor commissioner, under BOI 
pressure, failed to prosecute employers who refused to recognize or 
enter into collective bargaining with trade unions. The Government 
countered that employees preferred to work within a company to resolve 
disputes rather than via large unions spanning many companies. BOI 
representatives stated that workers appeared to be reluctant to pursue 
collective bargaining agreements due to concerns that negotiated fixed 
wages may be cut into by high inflation.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibited 
forced or bonded labor; however, there were reports that such practices 
occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 14, although the law permits the 
employment of younger children by their parents or guardians in limited 
family agriculture work or to engage in technical training. Persons 
under age 18 may not be employed in any public enterprise in which life 
or limb is in danger.
    There were no reports that children were employed in the EPZs, the 
garment industry, or any other export industry. Children sometimes were 
employed during harvest periods in the plantation sectors and in 
nonplantation agriculture. Sources indicated that many thousands of 
children (between 14 years and 18 years of age) were employed in 
domestic service in urban households, although this situation was not 
regulated or documented. Some child domestics reportedly were subjected 
to physical, sexual, and emotional abuse. Employment of children 
commonly occurred in family enterprises such as family farms, crafts, 
small trade establishments, restaurants, and repair shops. There were 
cases of under-age children recruited to serve as domestics abroad, 
primarily in the Middle East.
    The National Child Protection Authority was the central agency for 
coordinating and monitoring action on the protection of children. The 
Department of Labor, the Department of Probation and Child Care 
Services, and the police were responsible for the enforcement of child 
labor laws. There were 232 complaints of child employment through 
November, a significant increase over 2007 levels. Information on 
litigation was not available. Penalties for employing minors were 
10,000 rupees ($89) or 12 months' imprisonment.
    The Government identified a list of 49 occupations considered to be 
hazardous. Of these occupations, 40 were to be unconditionally 
prohibited for children under 18 years, with limited exceptions for the 
remaining nine occupations. However, the Government did not pass any 
implementing legislation by year's end.

    e. Acceptable Conditions of Work.--While there was no national 
minimum wage, 43 wage boards established by the Ministry of Labor 
Relations and Manpower set minimum wages and working conditions by 
sector and industry in consultation with unions and employers. The 
minimum wage in sectors covered by wages' boards was increased to 5,750 
rupees ($51) in July. In addition to the minimum wage, employees 
covered by the wages' boards received an allowance of 1,000 rupees per 
month ($9) in 2005 that effectively brought the total minimum wage to 
6,750 rupees per month ($60). The minimum wages set by some wages' 
boards was higher than the Government stipulated minimum wage for 
covered. These minimum wages, however, did not always provide a decent 
standard of living for a worker and family. The minimum wage in the 
public sector was higher than that governed by the wage boards. Workers 
in sectors not covered by wage boards, including informal sector 
workers, were not covered by any minimum wage.
    The law prohibited most full-time workers from regularly working 
more than 45 hours per week (a five-and-a-half-day work week). In 
addition the law stipulates a rest period of one hour per day. 
Regulations limit the maximum overtime hours to 15 per week. The 
overtime pay is 1.5 times the wage. Several laws protect the safety and 
health of industrial workers, but the Ministry of Labor's efforts were 
inadequate to enforce compliance. Health and safety regulations do not 
meet international standards. Workers have the statutory right to 
remove themselves from dangerous situations, but many workers were 
unaware or indifferent to such rights and feared they would lose their 
jobs if they removed themselves from the work situation. The Government 
had 682 labor inspectors. The ITUC reported that labor inspection was 
inadequate in the EPZs, as labor inspectors cannot make unannounced 
visits.
    Migrant labor also faced abuse. There were cases when recruitment 
agencies promised one type of job to a migrant but changed the job, 
employer, or salary after the employee arrived.

                               __________

                               TAJIKISTAN

    Tajikistan, with a population of approximately seven million, is an 
authoritarian state, and political life is dominated by President 
Emomali Rahmon and his supporters. While the country's constitution 
provides for a multiparty political system, in practice the Government 
obstructed political pluralism. The November 2006 Presidential election 
lacked genuine competition and did not meet international standards, 
although there were some improvements on voting procedures. The 
civilian authorities generally maintained effective control of the 
security forces.
    The Government's human rights record remained poor, and corruption 
continued to hamper democratic and social reform. The following human 
rights problems were reported: restricted right of citizens to change 
their government; torture and abuse of detainees and other personsby 
security forces; threats and abuse by security forces; impunity of 
security forces; lengthy pretrial detention; denial of right to fair 
trial; harsh and life-threatening prison conditions; prohibited 
international monitor access to prisons; restricted freedom of speech, 
the press and media; restricted freedom of association; restrictions on 
freedom of religion, including freedom to worship; harassment of 
international nongovernmental organizations (NGOs); difficulties with 
registration and visas; violence and discrimination against women; 
trafficking in persons; 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 were cases of deaths in detention facilities. In some cases 
families of detainees disputed the official cause of death. In 
September Sadullo Rakhimov died after six months in pretrial custody. 
The authorities claimed that Rakhimov died of natural causes, but his 
family claimed that he died as a result of mistreatment.
    During the year the number of victims of landmines decreased, with 
four deaths and eight injuries. In 2007 there were 13 victims, seven of 
whom died. The Government continued to work with international 
organizations to remove landmines throughout the country.

    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, security 
officials reportedly employed them. Officials did not grant sufficient 
access to information to allow human rights organizations to 
investigate claims of torture.
    Security officials, particularly from the Ministry of Interior 
(MOI), continued touse beatings or other forms of coercion to extract 
confessions during interrogations. Beatings and other mistreatment were 
common also in detention facilities. A 2008 study by the Bureau for 
Human Rights and Rule of Law, a local NGO, credibly found a bias in the 
criminal justice system toward law enforcement officials exacting 
confessions from those who are arrested. Articles in the criminal code 
do not specifically define torture, and the country's law enforcement 
agencies have not developed effective methods to investigate possible 
violators.
    The Government prosecuted 67 officials for misconduct during the 
year, but it is unclear how many of these cases were for torture or 
degrading punishment. Prosecutors have generally charged law 
enforcement officials under criminal provisions related to abuse of 
official powers or extracting testimony under duress.

    Prison and Detention Center Conditions.--The Government operates 
eight prisons, including one for female convicts, and four pretrial 
detention facilities.
    The Ministry of Justice (MOJ) continued to refuse access to prisons 
or detention facilities to representatives of the international 
community and civil society seeking to investigate claims of harsh 
treatment or conditions. Some foreign diplomatic missions and NGOs were 
given access to implement assistance programs or carry out consular 
functions, but their representatives were limited to administrative or 
medical sections, and they were accompanied by ministry of justice 
personnel. The Government has not signed an agreement with the 
International Committee for the Red Cross (ICRC) to allow free and 
unhindered access to prisons and detention centers, and ICRC's 
international monitoring staff has not returned to the country since 
departing in 2007.
    During the year detainees and inmates complained of harsh and life-
threatening conditions, including overcrowding and lack of sanitary 
conditions. Disease and hunger were serious problems, but outside 
observers were unable to assess accurately the extent of the problems 
because of lack of access. Organizations that work on prison issues 
reported that infection rates of tuberculosis and HIV was significant, 
and that the quality of medical treatment was low.

    d. Arbitrary Arrest or Detention.--The Government has not 
substantially altered the Criminal Procedure Code (CPC) since the 
Soviet period, and the criminal justice system failed to protect 
individuals from arbitrary arrest or detention. There were few checks 
on the power of prosecutors and police to make arrests.

    Role of the Police and Security Apparatus.--The MOI, the Drug 
Control Agency (DCA), the Agency on State Financial Control and Fight 
Against Corruption (Anti-corruption Agency), the State Committee for 
National Security (SCNS), the State Tax Committee, and the Customs 
Service shared civilian law enforcement responsibilities. The MOI is 
responsible primarily for public order and controls the police force. 
The Drug Control Agency, Anti-corruption Agency, and the State Tax 
Committee each have mandates to investigate specific crimes, and they 
report to the President. The SCNS has responsibility for intelligence, 
and controls the Border Service. The Customs Service reports directly 
to the President. The Prosecutor General's Office oversees criminal 
investigations conducted by these agencies.
    The responsibilities of each of these entities overlapped 
significantly, and law enforcement agencies deferred to the SCNS. Law 
enforcement agencies were not effective at investigating organized 
criminal gangs, and corruption remained a serious problem. There were 
credible allegations that officers bribed their commanders for 
promotion. Traffic police were known to retain for themselves the fines 
they issued for traffic violations. While there were some prosecutions 
of law enforcement officials, many serious abuses-particularly those 
committed by high-ranking officials-went unpunished.
    Victims of police abuse may submit a formal complaint in writing to 
the officer's superior. However, most victims chose to remain silent 
rather than risk retaliation by the authorities. During the year the 
Government arrested 67 law enforcement officials for criminal 
violations; approximately 29 of these were arrested for corruption. Of 
the 109 law enforcement officials arrested in 2007, courts convicted 
103 and released or acquitted the remaining six.

    Arrest and Detention.--Prosecutors are empowered to issue arrest 
warrants, and there is no requirement for judicial approval of an order 
for pretrial detention. The law allows police to detain a suspect 
without a warrant in certain circumstances, but a prosecutor must be 
notified within 24 hours of arrest. Pretrial detention may last up to 
15 months in exceptional circumstances. Local prosecutors may order 
pretrial detention for up to two months; subsequent detentions must be 
ordered by progressively higher level prosecutors. A defendant may 
petition for judicial review of a detention order. However, judges 
rarely questioned detention decisions, and observers regarded this 
review as a formality.
    Individuals have the right to an attorney upon arrest, and the 
Government must appoint lawyers for those who cannot otherwise afford 
one. In practice the Government did not always provide attorneys, and 
those it did provide generally served the Government's interest, not 
the client's. There is no bail system, although criminal case detainees 
may be released conditionally and restricted to their place of 
residence pending trial. According to the law, family members are 
allowed access to prisoners only after indictment; officials 
occasionally denied attorneys and family members access to detainees. 
The authorities held many detainees incommunicado for long periods 
without formally charging them.
    The Government generally provided a basis for arrest, although 
there were claims that authorities falsified charges or inflated minor 
problems to make politically motivated arrests. Police occasionally 
arrested innocent persons, accused them of committing crimes the police 
were attempting to solve, and subsequently framed them to report a 
false resolution of the case. In some cases law enforcement officials 
did not obtain arrest warrants as required and did not bring charges 
within the time specified by the law.
    Prosecutors oversee the pretrial investigation, and they have the 
right to initiate criminal proceedings.

    Amnesty.--Unlike the previous year, there was no general amnesty.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, in practice the executive branch and criminal 
networks exerted pressure on prosecutors and judges. Corruption and 
inefficiency were significant problems.
    The CPC gives the prosecutor a disproportionate degree of power in 
relation to judges and defense advocates. This power includes control 
of the formal investigation and oversight of the entire case 
proceedings. ``Supervisory powers'' provided by law allow prosecutors 
to protest a court decision outside of normal appeal procedures. 
Prosecutors effectively can cause court decisions to be annulled and 
reexamined by higher courts indefinitely after appeal periods have 
expired. These powers are an impediment to establishing an independent 
judiciary.
    The criminal courts generally have three levels: district, city or 
regional, and national courts. Most cases are heard in general criminal 
courts. However, in rare instances military courts try civilians, where 
they have the same rights as defendants in civilian courts. A military 
judge and two officers drawn from the service ranks hear such cases. A 
constitutional court adjudicates claims of constitutional violations.
    The President is empowered to appoint and dismiss judges and 
prosecutors with the consent of parliament. Judges at all levels often 
were poorly trained and had extremely limited access to legal reference 
materials. Low wages for judges and prosecutors left them vulnerable to 
bribery, which remained a common practice. Judges were subject to 
political influence.
    The Government addressed problems of judicial integrity by holding 
some judges and prosecutors accountable for criminal conduct.During the 
year the Government arrested four judges and one justice system 
employee for corruption. Courts convicted four justice employees who 
were arrested in 2007, primarily for corruption. Of these, two were 
notaries and two were judges.

    Trial Procedures.--Trials are public, except in cases involving 
national security. The authorities have denied access to monitoring 
organizations to trials without cause. A panel consisting of a 
presiding judge and two ``people's assessors'' determines guilt or 
innocence. Qualifications of the assessors and how they are determined 
is unclear, but their role is passive, and the presiding judge 
dominates the proceedings.
    According to the law, cases should be brought before a judge within 
28 days after indictment; however, most cases were delayed for months. 
Under the law, courts appoint attorneys at public expense; however, in 
practice authorities often denied arrested persons access to an 
attorney.
    Those who were indicted were invariably found guilty. Judges often 
gave deference to uncorroborated testimony of law enforcement officers, 
especially members of the SCNS, and often discounted the absence of 
physical evidence.
    According to the law both defendants and attorneys have the right 
to review all government evidence,confront and question witnesses, and 
present evidence and testimony. No groups are barred from testifying, 
and, in principle, all testimony receives equal consideration. The law 
provides for the right to appeal. The law extends the rights of 
defendants in trial procedures to all citizens.
    While prosecutors are allowed legally to intervene in cases, there 
were no reported incidents of prosecutors exercising this right.

    Political Prisoners and Detainees.--Authorities claimed there were 
no political prisoners and that they did not make any politically 
motivated arrests; however, opposition parties and local observers 
claimed that the Government selectively prosecuted political opponents. 
There was no reliable estimate of the number of political detainees.
    Muhammadruzi Iskandarov, head of the Democratic Party of Tajikistan 
and former chairman of Tojikgaz, the country's state-run gas monopoly, 
remained in prison following his unlawful extradition from Moscow and 
2005 conviction for corruption. Former Interior Minister Yakub Salimov 
remained in prison serving a 15-year sentence for crimes against the 
state and high treason following his 2005 closed trial.Rustam Fayziev, 
deputy chairman of the unregistered Party of Progress, continued to 
serve a five-year sentence in jail for insulting and defaming President 
Rahmon in a 2005 letter.

    Civil Judicial Procedures and Remedies.--Civil cases are heard in 
general civil courts, economic courts, and military courts. In practice 
the jurisdictions of these courts overlap significantly, impeding 
fairness and efficiency. For example, the Supreme Court determined that 
a military court should hear civil cases related to the Jehovah's 
Witnesses because evidence presented by the SCNS involved national 
security. An economic court heard a land use dispute between the Grace 
Sun Min Church and the City of Dushanbe, despite the lack of a clear 
commercial interest.
    Although the constitution provides for an independent judiciary, in 
practice it was neither independent nor impartial in civil matters. In 
the Grace Sun Min Mission Center case, the Dushanbe city government 
repeatedly filed suits in the Dushanbe Economic Court to gain control 
over property rights that the church had purchased in the late 1990s. 
In 2004 the Dushanbe Economic Court issued a decision in the Mission 
Center's favor. The city of Dushanbe filed a petition, and the Dushanbe 
Economic Court reopened the case, ignoring both the court's previous 
decision and that the legal appeal period had expired. In December 2007 
the court again ruled in the Mission Center's favor. In August the 
Supreme Economic Court ordered that the Dushanbe court again hear the 
case. The court ruled against the Mission Center, and the Supreme 
Economic Court upheld the ruling. Observers were unable to explain the 
new decision, which ignored all prior decisions. Credible sources 
alleged that judges involved in the case were under the influence of 
the Dushanbe mayor, Mahmadsaid Ubaidulloev.

    Property Restitution.--Despite changes to the land code, 
substantive property law is weighted against private property holders. 
Property recording systems are outmoded, leaving government officials 
with numerous opportunities to claim that property owners violated 
regulations. Government officials relied on lack of procedural 
transparency to implement development plans that call for building new 
business or residences in city centers at the expense of long-time 
residents. Municipal governments that developed these plans did not 
share them with the public, and evictees were afforded only a cursory 
degree of due process. Officials appeared to decide that government 
control of certain parcels was necessary with no public debate and 
without elaborating on the justification for government seizure. 
Governments then notified residents that they must leave their property 
and offered very little compensation. If residents did not comply, city 
officials took them to court; court hearings generally resulted in an 
eviction order. Property owners who challenged evictions in the courts 
generally were unsuccessful and were subject to retribution-some were 
charged with criminal violations.
    In June officials demolished the country's only synagogue to make 
way for a new Presidential palace. In April, despite significant 
irregularities in the process, a local court upheld an eviction order 
against Dushanbe's Jewish community. City officials and Jewish 
community leaders were unable to reach a compromise to relocate the 
synagogue or pursue an alternative solution. Observers criticized the 
lack of procedural transparency and fairness, as well as the 
authorities' unwillingness to compensate adequately the community.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, although police forces 
committed violations in practice.
    Under the law police cannot enter and search a private home without 
the approval of a prosecutor, except in special circumstances in which 
a delay would impair national security. If police search a home without 
prior approval, they must inform a prosecutor within 24 hours. In 
practice police frequently ignored these laws and infringed on 
citizens' right to privacy. There is no independent judicial review of 
police searches conducted without permission.
    The law prohibits the Government from monitoring private 
communications; however, it is believed that they did so on occasion.
    Leaders of the SDPT, SPT (the Narziev faction) and DPT (the 
Iskanderov faction) alleged that government officials coerced or 
threatened the members into leaving the parties or denying their party 
affiliation.
    Police and MOI officials often harassed the families of suspects in 
pretrial detention or threatened to do so to elicit confessions.
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 restricted 
these rights.
    Authorities subjected individuals who disagreed with government 
policies to intimidation and discouraged them from speaking freely or 
critically. Under the law a person can be imprisoned for up to five 
years for insulting the President.
    All newspapers and magazines whose circulations exceed 99 are 
subject to registration with the Ministry of Culture. There were 173 
registered newspapers, none of which were dailies (major newspapers 
came out once per week). There were also 71 registered magazines and 
six news agencies. The Government continued to control most printing 
presses and the supply of newsprint. During the year at least six new 
national newspapers began publishing. Two of these, Asolat and Risolat, 
were privately funded, religious-themed newspapers.
    Media organizations claimed that the new Law on Access to 
Information, which parliament passed in June, did not in fact give 
journalists greater access to official information. For example, after 
the legislation took effect, several ministries and agencies did not 
provide information unless questions were submitted in writing. Release 
of the information required the consent of the top ministry and agency 
officials. Government agencies had up to a month to provide the 
requested information, limiting journalists' ability to obtain 
information in a timely manner.
    The independent media were active but, as in previous years, the 
Government subjected the media to different means of control and 
intimidation; media outlets regularly practiced self-censorship out of 
fear of government reprisal. Credible media sources observed that 
certain topics were considered off limits including derogatory 
information about the President or his family members, or questions 
about financial impropriety by those close to the President.
    Government authorities occasionally subjected individual 
journalists to harassment and intimidation. In August Zainiddin Olimov, 
head of the Jamoat of Kulob, allegedly assaulted Jurakhon Kabirov in 
response to an article in the newspaper Millat. Journalists reported 
that government officials limited their access to information or 
provided advice on what news should not be covered. There were no 
reported instances of violence against journalists by unidentified 
persons.
    Other common types of harassment included prosecutions to 
intimidate journalists, warnings made by telephone and in person at a 
prosecutor's office or during visits to editorial offices, and 
selective tax inspections. In September the Prosecutor-General's Office 
instituted criminal proceedings against Dodojon Atovulloyev, the 
editor-in-chief of the Moscow-based opposition newspaper Charogh-i-Ruz 
(The Light of Day). Prosecutors cited provisions in the criminal code 
that criminalize calling for the overthrow of the constitutional order 
and public defamation of the President to institute proceedings and are 
allegedly seeking Atovulloyev's extradition from Russia.
    In September the National Association of Independent Media Outlets 
of Tajikistan (NAIMOT) and the Union of Journalists of Tajikistan (UJT) 
expressed concern about the treatment of Tursunali Aliyev, for his 
criticism of Sughd authorities in a 2007 article in Tong, a local 
newspaper. Local prosecutors rejected charges against Aliyev in 2007 
but Sughd regional prosecutors instituted criminal proceedings against 
him during the year for slander. Observers viewed the case as intended 
to intimidate journalists. At the end of the year, the case remained 
underway.
    Broadcasting entities must obtain a production license from the 
State Committee on Television and Radio and a broadcast license from 
the Ministry of Transport and Communications. The Government, however, 
restricted issuance of these licenses. The Government continued to 
review licensing regulations with public debate and input by 
journalists, but the process was lengthy, and there were no significant 
changes to the regulations. The Government remained in control of most 
broadcasting transmission facilities.
    There are four state-run television channels that broadcast 
throughout the country and four state-run television stations that 
broadcast regionally. There is one national and several regional state-
run radio stations. Several independent television and radio stations 
are available in a very small portion of the country.
    Independent radio and television stations continued to experience 
administrative harassment and bureaucratic delays.Of the private 
television stations, only a few were genuinely independent, and not all 
of them operated without official interference. The Government granted 
no new production or broadcast licenses to independent television or 
radio stations. According to the National Association of the 
Independent Media of Tajikistan (NANSMIT), more than 20 privately owned 
broadcasting organizations were unable to begin working because the 
licensing commission had rejected their documents over the last two or 
three years.
    The Government allowed some international media to operate freely, 
including rebroadcasts of Russian television and radio programs. 
However, the Government continued to deny BBC a renewal of its license 
to broadcast on FM radio. Community radio stations continued to 
experience registration and licensing problems that prevented them from 
broadcasting.
    Opposition politicians had very limited access to state-run 
television. The Government allowed opposition leaders limited airtime 
during the Presidential election campaign in October and November 2006.

    Internet Freedom.--In 2007 the Criminal Code was amended to 
criminalize libel and defamation on the Internet, punishable by up to 
two years in prison. At year's end the Government had not prosecuted 
anyone under these amendments.
    Two Internet sites remained blocked as a result of the 2006 
government order to block access to Web sites that ``undermined the 
state's policies.''

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government at times restricted this right in practice.
    A permit from a local executive committee is required to organize 
any public assembly or demonstration; only registered organizations may 
apply for permits. In general the Government refused to grant permits 
for fear that large gatherings would lead to violence and political 
upheaval. Groups that staged protests without permission from the 
Government were dispersed by police soon after assembling.
    In February and March residents of the Gorno-Badakhshan Autonomous 
Oblast (GBAO) conducted protests against law enforcement officials and 
for political rights in Khorogh, each consisting of a few hundred 
persons. Central government officials negotiated an end to the 
demonstrations.

    Freedom of Association.--The constitution protects freedom of 
association; however, in practice the Government restricted this right. 
The Law on Observing National Traditions and Rituals continued to 
infringe on individuals' abilities to hold private events such as 
wedding and funeral ceremonies. The law limits the number of wedding 
guests and controls ceremonial gift presentations and other traditional 
rituals. The law also regulates the number of guests at funerals and 
memorial services. Some citizens reported that government officials 
monitored weddings and funerals toensure all parties obeyed the new 
law.
    The Law on Public Associationscreated a complicated processforall 
NGOs to register with the MOJ; the law gives government authorities 
numerous bases upon which to delay or deny registration. In 2007, the 
Government required all existing NGOs to reregister. In the beginning 
of the year, the MOJ announced that slightly more than 1,000 NGOs had 
completed the reregistration process; there had been 3,500 registered 
NGOs in 2007.
    Many observers confirmed government claims that a large number of 
the NGOs that were not reregistered were nonfunctional and existed only 
on paper. However, some legitimate NGOs encountered difficulties in the 
reregistration process, and some accused government officials of using 
the process to extort bribes from legitimate NGOs.
    Of more than 1,000 NGOs that reregistered, approximately 50 were 
international entities. The MOJ refused to register a prominent 
democracy-building international NGO and harassed its staff. Other 
international NGOs reported difficulties due to unpredictable 
application of the law. Representatives of local NGOs involved in human 
rights and democracy activities cited government controls-including the 
registration process-as reasons why NGOs were generally unable to raise 
the profile of grassroots civic issues.
    The Government continued to refuse to register political parties 
and associations that it considered to be opposition groups. The 
Government also intensified its monitoring of the activities of 
religious groups and institutions to prevent them from becoming overtly 
political.
    Legislation defines extremism in broad terms and gives law 
enforcement agencies wide latitude to investigate. There were no 
reliable estimates of the number of persons arrested or detained for 
membership in extremist organizations, such as the IMU and Hizb ut-
Tahrir (HT). Authorities reported that those arrested faced charges of 
membership in banned organizations, illegal possession of weapons and 
the disruption of the constitutional order.
    While prosecutors have secured convictions for many of those 
arrested for extremist activities, law enforcement officials used their 
authority to monitor, question and detain a broad spectrum of 
individuals and groups. For example, according to the Prosecutor 
General's Office, criminal cases were initiated against 23 members of 
HT in 2007. However, it is believed that authorities questioned or 
otherwise detained significantly more individuals based on suspicion of 
HT membership or activities.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, in practice the Government continued to impose 
restrictions and respect for religious freedom continued to 
deteriorate.
    The Council of Ulamo, a committee of Islamic clergy, provides 
interpretations of religious practice that imams throughout the country 
are required to follow. While the council is officially an independent 
religious body, in practice it is heavily influenced by the Government. 
The Department of Religious Affairs (DRA) at the Ministry of Culture is 
responsible for general regulation of all religious organizations. The 
DRA, in consultation with local authorities, registers and approves all 
religious places of worship. For Muslims, the DRA controls all aspects 
of participation in the hajj, including choosing participants. 
President Rahmon established a Center for Islamic Studies during the 
year to guide religious policy.
    The Government continued to impose limitations on personal conduct 
and to restrict activities of religious groups that it considered 
``threats to national security.'' A ban on women and girls wearing 
hijabs in schools and institutions of higher education remained in 
effect, although implementation of the ban was uneven. Government 
officials visited mosques on a regular basis to monitor activities, 
observe those who attended the mosques, and examined audio and video 
materials for evidence of extremist and antigovernment material. The 
DRA continued to test imams on their religious knowledge and to ensure 
they followed official positions on religious issues.
    In January the Government put the previously independent Islamic 
University, the country's only religious institution of higher 
learning, under the administration of the Ministry of Education. 
Teachers underwent a vetting process, and the university was downgraded 
to an ``Islamic Institute'' (a level below that of university but 
equivalent to a college). Private religious schools are permitted, but 
they must register with the Ministry of Culture. There were 
approximately 19 madrassahs at the secondary school level; the 
Government closed none of them during the year. Restrictions on home-
based Islamic education remained in place.
    Government concerns about foreign influence resulted in restrictive 
measures against minority religious groups. The Government continued 
its ban on HT, which it classified as an extremist Islamic political 
movement, and authorities introduced restrictive measures against 
another Islamic group, the Salafis. The courts upheld the Government's 
ban on activities of the Jehovah's Witnesses.
    Government printing houses generally did not publish religious 
literature; however, they did so in special cases such as the printing 
of the Koran in Arabic script. The Government tightly controlled 
importation of religious literature. In April the Government refused to 
allow a shipment of books by a Baptist organization, arguing that the 
size of the shipment was disproportionate to the organization's 
membership. The Ministry of Culture banned religious literature from 
organizations it considered inappropriate; Jehovah's Witnesses' 
literature was included on the list.
    In March the Government registered Asolat, an independent religious 
newspaper on Islamic law and practice. By September the newspaper's 
founder located a publishing house that would agree to print the paper.
    Missionaries of registered religious groups were not legally 
restricted and the law permits proselytizing, but in practice there was 
official interference with proselytizing. Officials, citing public 
complaints about Christian missionaries, issued warnings and questioned 
groups that proselytized.

    Societal Abuses and Discrimination.--During the year there were no 
confirmed public anti-Semitic acts, although some imams and mullahs 
reportedly preached anti-Semitic messages in mosques.
    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 these rights, 
although the Government imposed some restrictions.
    Foreigners are prohibited from traveling within a 15-mile zone 
along the country's borders with China and Afghanistan without 
permission from the MFA. The restriction was not always enforced along 
the western border with Afghanistan, although a special visa was 
required for travelers, including international workers and diplomats, 
to Gorno-Badakhshan. Diplomats and international aid workers could 
travel to the Afghanistan border without prior authorization.
    There are no laws that provide for exile, and there were no reports 
of forced exile. Some government opponents remained in self-imposed 
exile in Russia.
    Persons wishing to emigrate to countries of the former Soviet Union 
must notify the MOJ prior to their departure. Persons who wish to 
emigrate to other countries must obtain an immigrant visa to receive a 
passport.
    Most persons who left the country were permitted to return freely. 
A few individuals active with the opposition who left during the civil 
war experienced administrative difficulty in obtaining new documents 
that would permit them to return. The Government provided protection 
and modest assistance to resettle any citizens who returned voluntarily 
and cooperated with international organizations that helped fund 
assistance and resettlement programs.

    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 there were numerous problems with this system.
    According to the State Agency for Social Protection, Employment and 
Migration, there were 1,764 refugees and 338 asylum seekers in the 
country, most of them Afghans. In addition to general lack of 
resources, the Government had to contend with a rise in the number of 
those claiming to be refugees; the number of new arrivals claiming 
refugee status was nearly twice the 2007 number.
    The Government continued to cooperate with UNHCR, and UNHCR 
retained its observer status in the Refugee Status Determination 
Commission. In April the Government supported a visit by Antonio 
Guterres, the UN High Commissioner for Refugees. During this meeting, 
UNHCR and the Government issued a joint communique on integrating 
approximately 1,000 Afghan refugees who had been in the country for 
many years. While developments were slow, the Government took some 
steps forward, including the development of an implementation plan and 
the formation of an interministerial working group.
    The Government generally succeeded in registering those with a 
claim to refugee or asylum status, however, the Government placed 
significant restrictions on claimants. A law prohibiting asylum seekers 
and refugees from residing in urban areas remained in effect; those 
holding refugee status were not entitled to work. Refugees and asylum 
seekers were generally left to their own devices to secure food and 
shelter.
    There were problems with the status determination process, 
including lack of transparency. Some decisions to deny refugee status 
were made without apparent justification. Although the law stipulates 
that refugee status should be granted for up to three years (and can 
then be extended), the Government rarely granted refugee status beyond 
a one year period. While the law allows refugees to apply for 
citizenship after 18 months, few were granted citizenship.
    Government actions reflected a particular concern about the 
country's population of Afghan refugees. Granting refugee status for 
periods shorter than those prescribed by law allowed law enforcement 
and security officials to regularly monitor, and in some cases, harass, 
refugee populations. Government officials used administrative 
violations-such as violating the ban on residing in urban areas-to 
revoke refugee status from those who otherwise met the definition of a 
refugee.
    The Government generally provided protection against the expulsion 
or return of refugees to countries where their lives or freedom would 
be threatened; however, deportation procedures failed to follow the law 
that allows individuals to appeal within one week of receiving a 
deportation notice. Prosecutors issued deportation decisions, and these 
decisions were not subjected to judicial review. For example, in August 
government officials deported a family of six Afghans despite the fact 
that the deportation decision had not been delivered to the family 
prior to the deportation. UNHCR representatives believed that the 
deportees could have been legitimate refugees.
    The Government respected protection letters issued by UNHCR and 
allowed those holding the letters to remain in the country while UNHCR 
considered their claims. Government officials cooperated with UNHCR on 
the case of two Iranian asylum seekers who were originally detained in 
2006 for illegally crossing the Tajik-Afghan border. The two claimed 
they feared extradition and persecution in Iran. The Government 
rejected their asylum claims but agreed to allow UNHCR to conduct its 
own status determinations.
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, in practice the Government restricted this right.
    The President and his supporters, primarily from his home region of 
Kulob, continued to dominate the Government. The President's political 
party, the PDPT, held almost all parliamentary seats and government 
positions. The President had broad authority to appoint and dismiss 
officials.

    Elections and Political Participation.--After the 2006 Presidential 
elections, the OSCE's Office for Democratic Institutions and Human 
Rights (ODIHR) determined that Presidential electoral legislation did 
not provide a framework for democratic elections, that officials 
exercised excessive control during the campaign period, and that the 
election was not a true test of democratic principles. Opposition 
parties, ODIHR, and NGOs generally agreed on the areas that needed 
reform: increasing accountability for election violations; revising the 
election law and enacting new legislation; improving electoral 
administration; establishing an environment considered fair by all for 
campaigning; and assisting political parties to become more 
professional
    The Government reported eight legally registered political parties, 
including the PDPT. Of the seven remaining parties, observers 
considered only three to be actual opposition parties. Opposition 
political parties remained small, had limited popular support, and 
faced close scrutiny by the Government. While they were generally able 
to operate, they had difficulty obtaining access to state-run media. 
The chairmen of the SDPT and IRPT alleged that government officials 
limited their abilities to convene meetings of large numbers of 
supporters, particularly in areas outside of Dushanbe. The MOJ refused 
to register a ninth party, the Unity Party.
    The law prohibits political parties from receiving support from 
religious institutions, but religiously affiliated parties, such as the 
IRPT, could be registered.
    The Democratic Party of Tajikistan remained factionalized. 
Supporters of the party's imprisoned chairman, Mahmadruzi Iskandarov, 
alleged that the Government assisted in dividing the party, leading to 
the November 2006 Presidential election.
    All senior members of President Rahmon's government were PDPT 
members; virtually all members of the country's 97-seat parliament were 
members of the PDPT, or were otherwise considered to be supportive of 
the Government. The only other parties represented in parliament were 
the IRPT and the Communist Party. There were 16 women in parliament, 
and there were five representatives from minorities. Some ministries 
had female deputy ministers, and ethnic Uzbeks were represented in the 
Government, although not in direct policymaking roles.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not implement 
the law effectively. Officials frequently engaged in corrupt practices 
with impunity, and corruption and nepotism were pervasive at all levels 
of government.
    The MOI, the MOJ, the Anti-corruption Agency and the Prosecutor 
General's office are responsible for investigating, arresting, and 
prosecuting corrupt officials. The Government acknowledged a problem 
with corruption and took steps to combat it, including trying officials 
for taking bribes. The Prosecutor General investigated some cases of 
corruption by government employees, but the bulk of these cases 
involved mid- or lower- level officials, and none involved large-scale 
abuses. Many observers accused the Government of using the Anti-
corruption Agency to harass or investigate political opponents or 
business rivals.
    Throughout the year the Government faced scrutiny from the 
international community over apparently deliberate misappropriations 
involving the International Monetary Fund (IMF). IMF auditors found 
that the country had misreported its finances and required the country 
to make early repayment of IMF loans. Despite evidence that the actions 
were deliberate, no one was prosecuted. Authorities removed one of 
those responsible, Murodali Alimardon, the National Bank chief, and 
awarded him the position of Deputy Prime Minister.
    Public budgets, particularly those involving major state-owned 
enterprises, lacked transparency. While the parliament had oversight 
over the budget, in practice it passed the most recent budget almost 
without comment despite large unexplained and undefined expenses. For 
the first time, ministries and state agencies reported to parliament on 
implementation of the budget, but neither parliament nor the Government 
released information on the report. It was broadly understood, and 
privately acknowledged by government officials, that the Government 
used proceeds from state-owned enterprises for off-budget prestige 
construction projects.
    TALCO, the state-owned aluminum smelter that consumed a significant 
portion of the country's energy resources and produced the country's 
major export, agreed to a financial audit. However, the off-shore 
management company, which reportedly was owned by senior politicians 
and which received the bulk of the proceeds, did not undergo an audit 
of its financial arrangements.
    The law requires government officials to provide information to 
journalists upon request. In practice the Government did not permit 
free access to information, and some officials disregarded the law 
concerning journalists, as there was no enforcement.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups continued to face 
government pressure. The Government continued to request sensitive 
information from NGOs such as employees' personal information, 
information about students affiliated with the organizations, their 
activities, and their financial status.
    A local NGO investigating property violations reported that 
government officials refused to provide information about plans to 
develop Dushanbe, despite the likelihood that such plans would use 
public funds and involve evictions. The NGO also reported that the same 
government officials threatened to contact public prosecutors to stop 
the NGO's inquiries.
    The Government continued to deny ICRC access to prison facilities. 
During the year the Government cooperated with the United Nations and 
permitted the visit of Yakin Erturk, the UN Special Rapporteur on 
Violence Against Women.
    The Government's Office for Constitutional Guarantees of Citizens' 
Rights continued to investigate and answer citizens' complaints. 
Staffing inadequacies and uneven cooperation from other government 
institutions hampered the office's effectiveness. The parliamentary 
committee on legislation and human rights also monitored human rights 
violations, but it lacked full independence. The committee's primary 
responsibility was to vet new proposed legislation for compliance with 
human rights obligations.
    The Government cooperated with international organizations and NGOs 
in drafting legislation that would establish a human rights 
commissioner, who would function as an ombudsman. The legislation was 
passed, but it lacked some basic provisions relating to independence 
that had been crucial for civil society representatives. A Human Rights 
Commissioner was not named during the year
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for the rights and freedoms of every person 
regardless of race, gender, disability, language, or social status; 
however, in practice there was discrimination against women, and 
trafficking in persons was a problem.

    Women.--Violence against women, including spousal abuse, remained a 
widespread problem. Women faced societal discrimination based on 
alleged traditions, diminished educational opportunities, and increased 
poverty. The law provides women equal pay for equal work with men, but 
it was not always enforced in practice. NGO representatives claimed 
that the Committee for Women's Affairs (within the office of the 
President) was not effective in coordinating public policy.
    Most cases of domestic abuse went unreported, making the number of 
actual cases difficult to estimate. Reported cases were seldom 
investigated, and few alleged perpetrators were prosecuted. The 
Government had not taken adequate steps to provide for the passage of a 
law on domestic violence, to conduct public information campaigns, or 
to collect information on domestic violence or the needs of victims.
    The media reported that in some rural areas, officials observed an 
increase in female suicide. NGO workers suggested that domestic abuse 
by in-laws or husbands and labor migration may be contributing causes.
    The law prohibits rape (although not specifically spousal rape), 
which is punishable by up to 20 years' imprisonment. Most observers 
believed that the majority of cases were unreported and that the 
problem was growing, particularly in urban areas. In addition, family 
members and acquaintances often used threats of rape to intimidate 
women. There were no official statistics on the number of rapists 
charged, prosecuted, or convicted.
    Several domestic and international NGOs supported women's resource 
centers to assist rape and spousal abuse victims. Government funding 
was extremely limited.
    Prostitution is illegal, although in practice apprehended 
prostitutes were assessed a nominal fine and released. Procurers were 
prosecuted.
    The law prohibits sexual harassment with penalties of up to two 
years' imprisonment. In practice women were often sexually harassed or 
had to perform sexual acts in order to get a job or maintain one. Cases 
often went unreported because of the social stigma attached to victims.
    In 2004 the country's highest Islamic body, the Council of Ulamo, 
issued a fatwa that prohibited women from praying in mosques. The 
Government supported the fatwa but expressed concern over the 
separation of church and state. The IRPT continued to operate two 
``Friday praying'' mosques that permitted women.
    The law protects women's rights in marriage and family matters; 
however, some female minors were pressured to marry men against their 
will, and high incidences of polygamy, although illegal, were reported. 
Inheritance laws do not discriminate against women, although in 
practice some inheritances passed disproportionately to sons.

    Children.--While the Government sought to promote children's rights 
and welfare, in practice it did not devote adequate financial resources 
to maintain the social security network for child welfare. The lack of 
resources contributed to a deterioration of the public school system 
and the medical infrastructure available to children.
    Free and universal public education is compulsory until age 16. 
However, the law was not enforced and school attendance was low; 
children worked in the home or in informal activities to supplement 
family income. Girls were disadvantaged, especially in rural school 
systems, where families elected to keep them home to help take care of 
siblings or work in the fields. With the decline of the country's 
underfunded public schools, a small number of poor male students were 
recruited and sent to Egypt, Turkey, Saudi Arabia, and Pakistan to 
receive a free Islamic education.
    There is no formal government body to address issues of violence 
against children. In 2007 the Bureau on Human Rights and Rule of Law, a 
local NGO, reported that 2,378 acts of violence had been committed 
against children. Advocates were concerned that many acts of violence 
were unreported.
    Underage marriage was widespread in some rural areas, a practice 
influenced by the high level of poverty and unemployment that compelled 
many families to marry off their daughters quickly.

    Trafficking in Persons.--The country was a source for trafficked 
persons. The law prohibits trafficking in persons; however, trafficking 
of women and children for sexual exploitation and the trafficking of 
men for forced labor was a serious problem. Boys and girls were 
trafficked internally for various purposes, including forced labor and 
begging.
    Women and girls were trafficked through Kyrgyzstan and Russia 
primarily to the U.A.E. and Russia for the purpose of commercial sexual 
exploitation. Most female trafficking victims were single and between 
the ages of 20 and 26. Men and boys were trafficked to Russia and 
Kazakhstan for the purpose of labor exploitation, primarily in the 
construction and agricultural industries. Residents from rural, 
uneducated, and poor communities were particularly vulnerable.
    Authorities and NGOs maintain statistics on trafficking cases, but 
such statistics were estimates and could not be considered 
comprehensive. The International Organization for Migration (IOM) 
reported assisting 46 trafficking victims during the year. Upon return 
they were provided with medical assistance, training, and other types 
of support. The authorities had no statistics on labor trafficking. NGO 
representatives said that a significant percentage, possibly more than 
50 percent, of the country's estimated 1 million labor migrants were 
subjected to some form of exploitation that would meet the definition 
of trafficking.
    Recruiters offered victims false promises of employment, 
advertising work through social contacts. Traffickers tightly 
controlled arrangements for travel and lodging and employed contacts 
among tourism agencies. They sometimes used forged documents to evade 
entry restrictions in destination countries. Victims commonly were 
separated from their travel documents upon arrival in the destination 
country. Debt bondage was a common form of control.
    The law criminalizes trafficking in persons with penalties of 
imprisonment ranging from five to 15 years; however, prosecutors had 
not successfully prosecuted anyone under the trafficking statute. 
Prosecutors secured convictions pursuant to other criminal provisions, 
such as recruitment of persons for exploitation, buying and selling of 
minors, and document fraud. Penalties under these provisions range from 
a monetary fine to 15 years' imprisonment. Victims of forced 
prostitution and labor trafficking cannot be charged for crimes 
committed while they were victims.
    The MOI is responsible for trafficking investigations and arrests, 
the General Prosecutor's Office is responsible for prosecuting and 
sentencing convicted traffickers, and the Ministry of Foreign Affairs 
(MFA) is responsible for trafficking-related repatriation and 
extradition matters. The Interministerial Commission to Combat 
Trafficking (ICCT), established within the President's executive 
office, coordinates antitrafficking efforts and implements the National 
Government Action Plan on Human Trafficking for 2006-10. The Government 
generally worked openly and cooperatively with the international 
community and the IOM to combat trafficking.
    There was no indication of widespread government involvement in 
trafficking. However, corruption was endemic, and reports indicated 
that mid- and low-level government authorities working in customs, 
border control, immigration, police, and tourism accepted bribes from 
traffickers. Credible sources alleged that certain government officials 
acted as patrons or protectors of individuals who were directly 
involved in trafficking. Traffickers used their contacts in government 
agencies to obtain false documents.
    According to the Prosecutor General's Office, the MOI, and the
    ICCT mission, fewer persons were arrested, prosecuted and convicted 
in 2007 than in previous years; 10 of 12 persons arrested for 
trafficking related offenses were released under a Presidential amnesty 
that year. The commission reported that arrests and prosecutions 
increased slightly during the year, although the authorities did not 
prosecute any government officials on trafficking-related charges. The 
Government took some positive steps, however. Prosecutors opened the 
country's first criminal cases against persons suspected of engaging in 
labor trafficking. Law enforcement officials have sought to increase 
cooperation with governments in destination countries, particularly the 
U.A.E. The authorities instituted new monitoring and licensing 
requirements for private travel companies.
    There were few resources available to trafficking victims. The 
Government officially provided security and assistance to trafficking 
victims and endorsed efforts by international and domestic NGOs to 
prevent trafficking and provide services to victims. The Government 
with the help of IOM established two shelters for female trafficking 
victims. Victims often did not press charges against traffickers due to 
social stigma.
    There were approximately 20 NGOs involved in antitrafficking 
activities throughout the country. Several provided various services to 
trafficking victims and carried out a wide range of information 
programs in conjunction with local. NGOs matched victims with social 
services, operated crisis centers, and maintained a hot line for 
trafficking and domestic abuse victims.
    Local NGO programs worked with support from international 
organizations to increase awareness of trafficking; NGOs worked with 
local officials to conduct training and awareness seminars for the 
general public, and the Government cooperated with NGOs to raise public 
awareness of trafficking. The Government issued press releases warning 
about the dangers of trafficking and produced television programs to 
educate the public. It also promoted announcements as well as 
informational materials produced and distributed by local and 
international organizations. The Government also cooperated with 
international organizations on prevention programs by holding joint 
seminars, conferences, and distributing antitrafficking brochures. The 
Government operated a 24-hour telephone hot line.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The Ministry of Labor and Social 
Welfare, the Government's Commission on Fulfillment of International 
Human Rights, the Society of Invalids, and appropriate local and 
regional governmental structures were charged with protecting the 
rights of persons with disabilities.
    The law prohibits discrimination in employment, education, access 
to health care, and provision of other state services. However, public 
and private institutions generally did not have the resources to 
provide for legal safeguards. There is no law mandating access to 
buildings for persons with disabilities, and the Government did not 
require employers to provide such access.
    Although the Government maintained group-living and medical 
facilities for persons with disabilities, funding was limited and 
facilities were in poor condition.

    National/Racial/Ethnic Minorities.--Generally, discrimination was 
not a significant problem. There were reports that some law enforcement 
officials harassed ethnic Afghans and Uzbeks, but such reports were not 
common.
    There was a stigma associated with homosexuality that made it 
difficult to assess the degree of discrimination to which persons were 
subjected. There was generally no public discussion of homosexuality.
    There was also a stigma associated with HIV infection. There were 
reports that doctors denied some HIV positive patients treatment at 
medical facilities.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions, and they did so in practice. However, the Government used 
informal means to exercise considerable influence over organized labor, 
including influencing the selection of labor union leaders. The 
umbrella Federation of Trade Unions of Tajikistan did not effectively 
represent worker interests. There were reports that the Government 
compelled some citizens to join trade unions and impeded formation of 
independent unions. According to official figures 1.3 million persons 
belonged to unions, approximately 63 percent of the active work force. 
The law requires all NGOs, including trade unions, to be registered in 
order to operate. The law does not specifically prohibit antiunion 
discrimination; however, there were no reported incidents of antiunion 
discrimination in practice.
    Citizens were reluctant to strike due to fears of government 
retaliation.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct activities without interference, except ``in cases 
specified by law''; however, the law does not actually specify those 
cases. The Law on Meetings, which requires that meetings and other mass 
actions have prior official authorization, limited trade unions' 
ability to organize meetings or demonstrations. The laws provide for 
the right to organize and bargain collectively, and workers exercised 
this right in practice. Collective bargaining contracts covered 90 
percent of workers. The law does not restrict the right to strike, but 
under the Law on Meetings, mass action must have prior approval from 
the authorities.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including of children, except in cases 
defined in the law; however, there were reports that such practices 
occurred.
    In 2006 President Rahmon issued a decree against compelling 
students to participate in the annual cotton harvest. However, as in 
previous years, local government officials mobilized and forced 
university students, university employees, and government employees in 
Sughd and Khatlon regions to pick cotton during the annual harvest. 
There were confirmed reports in at least one region that government-
paid university administrators and professors oversaw the organization 
and transportation of students, and professors accompanied the students 
to oversee the cotton picking. University faculties in Khatlon and 
Sughd regions shut down to accommodate the students' participation. 
Work conditions were generally poor. Many school-aged children, 
particularly those between 14 and 17, participated in the cotton 
harvest in rural areas in Sughd and Khatlon. It was unclear whether 
they were forced or pressured into participating, although they were 
often supervised by teachers.
    Despite evidence to the contrary, the authorities continued to deny 
official involvement in forced labor. In order to support such claims, 
some officials forced students to sign documents stating that they 
willingly participated in the cotton harvest. The government-including 
representatives of the Ministry for Labor and Social Welfare-did not 
deploy inspectors to investigate the situation or hold those 
responsible for illegal labor practices accountable. In December, 
however, Khatlon prosecutors announced that they had filed charges 
against local officials in Shahritus and Kubodiyon for using school-
aged children in the cotton campaign.
    Despite a Presidential ``Freedom to Farm'' pronouncement, which 
aimed to reform the country's agricultural sector, local strongmen in 
some districts forced farmers to grow and pick cotton. In a district in 
Khatlon, a farm manager reportedly refused to recognize farmers' land 
use rights; used local police officials to enforce his control over the 
farmers; beat those who refused to work in accordance with his orders; 
and extorted money from farmers. The victims of this manager felt they 
had no legal recourse, as the manager was able to influence local law 
enforcement and judicial officials.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
UNICEF reported that the percentage of children working declined from 
25 percent in 2000 to 10 percent in 2005. Nevertheless, child labor 
remained a widespread problem, and the Government neither effectively 
enforced child labor laws nor developed a comprehensive policy to 
prevent or eliminate the worst forms of child labor.
    The minimum age for children to work is 16, although children may 
work at age 15 with local trade union permission. By law children under 
the age of 18 may work no more than six hours a day and 36 hours per 
week. Children as young as seven years may participate in household 
labor and agricultural work, which were separately classified as family 
assistance. Many children under age 10 worked in bazaars or sold goods 
on the street.
    Enforcement of child labor laws is the responsibility of the 
Prosecutor's Office, the MOJ, the Ministry of Social Welfare, the MOI, 
and appropriate local and regional governmental offices. Additionally, 
unions are responsible for reporting any violations in the employment 
of minors. Unresolved cases between unions and employers may be brought 
before the prosecutor general for investigation. Very few violations 
were reported, as most children worked under the family assistance 
exception. UNICEF estimated that approximately 200,000 children between 
the ages of five and 14 were in the labor force. The highest incidences 
of child labor were in the domestic or agricultural sectors. Children 
were often found working in bazaars.

    e. Acceptable Conditions of Work.--Government officials reported 
that the unemployment rate during the year was 2.4 percent, although 
this did not accurately reflect the employment situation. A significant 
percentage of the country's working-age population (as many as one 
million citizens) sought seasonal or permanent work abroad, especially 
in Russia and Kazakhstan.
    The estimated average monthly wage was 267.50 somoni (approximately 
$77), but in many sectors, average wages fell far below this average. 
In the agricultural sector, for example, the average wage was estimated 
at 118 somoni ($34). There was no agreed-upon measure of cost of living 
standards, but the World Bank estimated that 53 percent of the 
population lived below the poverty line, and that 17 percent lived in 
extreme poverty. While statistical measures varied, the poverty line 
was estimated to be 139 somoni ($40) per month, based on a 2007 survey 
conducted jointly by the Government, the World Bank, and UNICEF. The 
extreme poverty line was estimated to be 89 somoni ($25) per month. The 
Government acknowledged the problem of low wages and provided certain 
subsidies for workers and their families who earned the minimum wage, 
which was 60 somoni ($17) per month. Some establishments compensated 
their employees with food commodities or with enterprise-produced 
products, which employees either sold or bartered in local private 
markets.
    The law provides for a standard workweek of 40 hours for adults 
over the age of 18. The law mandates overtime payment, with the first 
two hours paid at one and half times the normal rate and the remainder 
at double the rate. Overtime payment was inconsistent in all sectors of 
the labor force. The Ministry of Finance enforces financial aspects of 
the labor law, and the Agency of the Financial Control of the 
Presidential administration oversees other aspects of the law.
    There are laws that establish relatively strict occupational health 
and safety standards. In practice the Government did not broadly 
provide compliance with these standards, partly because of the degree 
of corruption and the low salaries paid to inspectors. The State 
Technical Supervision Committee under the Council of Ministers was 
responsible for enforcing health and safety standards. The law permits 
workers to remove themselves from hazardous conditions without risking 
loss of employment. This law was not enforced effectively, and few 
workers did so in practice.
    Farmers and agricultural workers, accounting for approximately 66 
percent of the workforce, continued to work under difficult 
circumstances. There was no system to monitor or regulate working 
conditions in the agricultural sector. Wages were low, and many workers 
were paid in kind. Despite some changes, the Government's failure to 
introduce and implement comprehensive property and land usage reforms 
continued to limit its ability to protect agricultural workers' rights.

                               __________

                              TURKMENISTAN

    Although the constitution declares the country to be a secular 
democracy and Presidential republic, it is an authoritarian state of 
approximately five million that was dominated by President-for-life 
Saparmyrat Niyazov until his death in December 2006. The Halk Maslahaty 
(People's Council) selected six candidates for the February 2007 
Presidential election, all from the Democratic Party, the country's 
only political party. Gurbanguly Berdimuhamedov won in an election that 
did not meet international standards. December 14 parliamentary 
elections fell short of international standards. Civilian authorities 
generally maintained effective control of the security forces.
    Although there were modest improvements, the Government continued 
to commit serious abuses, and its human rights record remained poor. 
Authorities continued to restrict severely political and civil 
liberties. Human rights problems included citizens' inability to change 
their government; torture and mistreatment of detainees; incommunicado 
and prolonged detention; arbitrary arrest and detention; house arrest; 
denial of due process and fair trial; arbitrary interference with 
privacy, home, and correspondence; restrictions on freedom of speech, 
press, assembly, and association; restrictions on religious freedom, 
including continued harassment of some religious minority group 
members; restrictions on freedom of movement for some citizens; 
violence against women; and restrictions on free association of 
workers. Documentation of abuses remained very limited.
    The Government revised the constitution and the election law. Other 
measured improvements in human rights included registration of the 
first community-based nongovernmental organization (NGO) in three 
years, reinstatement of graduate and postgraduate educational programs, 
and continued de-emphasis of former President Niyazov's Ruhnama in the 
education system and in society.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reliable reports during the year that the Government or its agents 
committed any politically motivated killings. In 2007 there were 
several reports of citizens dying under suspicious circumstances during 
detention.
    In 2007 a family member of an allegedly drunk suspect who died in 
police custody in Mary Province claimed there was evidence of physical 
abuse on the corpse. In June 2007 a person died in an Ashgabat 
detention center while awaiting an appeal decision. Although there was 
no evidence of mistreatment, his wife claimed the court knew he had a 
serious medical condition but denied him medical treatment.
    Human rights observers reported that in 2006, just after the death 
of former President Niyazov, prison guards used military force to 
suppress a riot and killed 23 prisoners at Ovadan-Depe.
    There were no developments in the 2006 suspicious death in custody 
of journalist Ogulsapar Myradova. The Government did not carry out a 
transparent investigation into the causes of Myradova's death, as the 
international community had urged it to do.

    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 officials trying to extract confessions from detainees 
tortured, routinely beat, and used excessive force against criminal 
suspects, prisoners, and individuals critical of the Government. There 
were reports of individuals convicted of complicity in the 2002 attack 
on the former President's motorcade being tortured, although there was 
also one report that this torture ceased following Niyazov's death.
    An October decision the European Court of Human Rights (ECHR) 
stated that ``any criminal suspect held in custody ran a serious risk 
of being subjected to torture or inhuman or degrading treatment.'' The 
ECHR also reported that the country lacked an effective system of 
torture prevention.
    The Turkmenistan Helsinki Foundation claimed the Government 
tortured Ogulsapar Myradova, Annakurban Amanklichev, and Sapardurdy 
Hajiyev during detention in 2006 to extract confessions. All three were 
subsequently sentenced to prison. Myradova died in September 2006 in 
prison; Amanklichev and Hajiyev remained in prison at year's end.
    Authorities continued to detain persons in psychiatric hospitals as 
punishment. On June 22, law enforcement officials came to Radio Free 
Europe/Radio Liberty (RFE/RL) correspondent Sazak Durdymuradov's home 
in Bakharden, detained him, and later transferred him to a psychiatric 
hospital in Lebap. After several weeks and under international 
pressure, authorities released him. When Durdymuradov was released in 
July, he told Forum18 representatives that a devout Muslim prayer 
leader named Nurmamed Agayev, who had been arrested in 2006, was 
incarcerated in the same hospital.
    In July 2007 police arrested a member of Jehovah's Witnesses for 
refusing military service and detained him in a psychiatric hospital. 
Authorities released him four weeks later after international 
organizations and the diplomatic community expressed interest in his 
case.
    Although there were no known reports during the year of specific 
hazing incidents, according to the Memorial Human Rights Center and the 
Institute for War and Peace Reporting, hazing of military conscripts 
remained a problem and led to desertions from units where conditions 
were particularly difficult. According to a 2006 report from the 
Institute for War and Peace Reporting, corruption within the defense 
ministry and draft commissions, tribal- and ethnicity-based rivalries, 
and disregard for the rights of soldiers led to an increasing number of 
deaths caused by brutal treatment soldiers meted out to fellow 
conscripts. Regular military units continued to be used as unpaid 
manual labor working in fields, hospitals, factories, and construction.

    Prison and Detention Center Conditions.--Prison conditions were 
poor; prisons were unsanitary, overcrowded, unsafe, and life 
threatening. Disease, particularly tuberculosis (TB), was rampant. 
There continued to be concerns that the Government did not adequately 
test and treat prisoners with TB before they were released into the 
general population, although the Government reportedly screened 
prisoners for TB, among other diseases, and transferred prisoners 
diagnosed with TB to a special Ministry of Interior hospital in Mary 
Province for treatment. Nutrition was poor, and prisoners depended on 
relatives to supplement inadequate food supplies. There were also 
reports that prison officials sometimes confiscated these food parcels.
    Although prisoners convicted for treason were unable to receive 
supplies from relatives, there was one 2007 report that individuals 
convicted of complicity in the 2002 attack were given supplemental food 
packages for the first time since they were imprisoned.
    In 2007 family members and international NGOs claimed some 
prisoners died due to the combination of overcrowding, untreated 
illnesses, and lack of adequate protection from summer heat.
    Sources familiar with prison conditions at Owadan Depe Prison 
reported that former high-level officials continued to be denied proper 
medical treatment and suffered beatings and verbal intimidation to 
coerce confessions.
    On February 21, authorities arrested computer network specialist 
Valeri Pal in Turkmenbashy for stealing government property in 2004. On 
May 14, after a closed trial at the oil refinery where he worked, 
authorities sentenced him to 12 years in prison. His family reported 
that he was imprisoned in Mary and had been in the prison hospital 
there since July due to serious health problems. On December 5, a 
Presidential decree pardoned 400 prisoners, including Pal, in honor of 
Neutrality Day.
    There are three types of incarceration facilities: educational 
labor colonies, correctional labor colonies, and prisons. In the 
correctional labor colonies, relatives of prisoners reported excessive 
periods of prisoner isolation. There were reports that prisoners were 
forced to work under hazardous and unhealthy conditions in a kaolin 
mine in Gyzylgaya Prison, near Dashoguz.
    Authorities held prisoners connected with the 2002 attack 
separately at the Owadan Depe Prison. Government officials refused to 
respond to inquiries from family members and diplomats about political 
prisoners' location or condition. Government officials also refused to 
permit family members, foreign diplomats, or international observers, 
including the International Committee of the Red Cross (ICRC), access 
to detainees or prisoners associated with the 2002 attack. During the 
year the ICRC did not conduct any prison visits due to unacceptable 
government limitations on visiting certain types of prisons and 
prisoners. Family members reported that the Government also held 
political prisoners in facilities near Turkmenbashy and in Mary.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, they remained serious problems.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs directs the criminal police, who work closely with the 
Ministry of National Security (MNB) on matters of national security. 
The MNB controls personnel changes in other ministries and enforces 
Presidential decrees. Both the MNB and criminal police operated with 
impunity. Corruption existed in the security forces.
    In February 2007 President Berdimuhamedov created a Presidential 
commission led by the chairman of the Supreme Court to review citizens' 
complaints of abuse by law enforcement agencies including unfair 
treatment, efforts to extract bribes, and unjustified arrests and 
prosecutions. Since the commission's creation, however, there have been 
no known cases in which the commission investigated allegations of 
abuse and held members of the security forces accountable. In 2007 the 
commission reviewed only three cases that led to further review by the 
Supreme Court and reductions of sentence. In July 2007 the President 
publicly fired and later arrested the chairman of the Supreme Court, in 
part for his failure to ensure that cases coming from the commission 
were properly reviewed. In October 2007 the President fired the 
minister of internal affairs, reportedly because of an alleged doubling 
of cases involving ministry corruption and abuse under review by the 
commission.

    Arrest and Detention.--A warrant was not required for arrest. The 
chairman of the cabinet of ministers, a position held by the President, 
had sole authority for approving arrest warrants.
    There was no bail system. Detainees were entitled to immediate 
access to an attorney after a bill of indictment was issued, and they 
were able to choose their counsel. However, in practice they did not 
have prompt or regular access to legal counsel. In some cases legal 
counsel ceased advising their clients after government officials 
altered the charges or case details initially provided to defendants. 
Authorities denied some prisoners visits by family members during the 
year. Families sometimes did not know the whereabouts of imprisoned 
relatives. Incommunicado detention was a problem. Authorities could 
detain individuals for 72 hours without a formal arrest warrant but 
legally had to issue a formal bill of indictment within 10 days of 
arrest to hold detainees longer. However, authorities did not adhere to 
these provisions in practice.
    The law characterizes any opposition to the Government as an act of 
treason. Those convicted of treason faced life imprisonment and were 
ineligible for amnesty or reduction of sentence. However, there were no 
known treason convictions. Rather, the Government arrested those 
expressing critical or differing views on economic or criminal charges.
    Pretrial detention could legally last no longer than two months but 
in exceptional cases could be extended to one year. In practice 
pretrial detentions averaged two to three months; authorities often 
exceeded legal limits. Chronic corruption and cumbersome bureaucratic 
processes contributed to lengthy trial delays.
    The Government used house arrest without due process to control 
regime opponents. At year's end the status was unknown of individuals 
previously placed under house arrest, including NGO leaders, relatives 
of those suspected of involvement in the 2002 attack, and some of the 
100 individuals prevented from meeting with the Organization for 
Security and Cooperation in Europe (OSCE) in 2003.

    Amnesty.--On February 19, the Government pardoned 1,269 prisoners 
in honor of Flag Day. On May 9, 908 prisoners were pardoned in honor of 
Victory Day. On September 27, the President pardoned 1,670 prisoners in 
advance of the Night of Omnipotence holiday. On December 5, the 
President pardoned 400 prisoners in honor of Neutrality Day. No 
prisoners of international concern or associated with the 2002 attack 
on the former President's motorcade were released. Former security 
service chief Saparmurat Seidov was released from prison on October 26, 
having served a six-year term for his alleged role in the 2002 attack.
    In August 2007 President Berdimuhamedov pardoned 11 prisoners, 
including Muslim cleric and former grand mufti Nasrullah ibn Ibadullah 
and former Justice Minister Yusup Khaitiev, who were jailed for their 
alleged role in the 2002 attack. After the pardon the Government 
appointed Ibadullah an advisor to the country's Council on Religious 
Affairs (CRA).
    It was unknown whether amnestied prisoners still had to swear an 
oath of allegiance to the Ruhnama, former President Niyazov's spiritual 
guidebook on the country's culture and heritage. Human Rights Watch 
(HRW) reported, ``The August 2007 Presidential pardon of 11 persons was 
a welcome step, although their public statements recognizing their 
guilt must be assumed to have been a condition for their release.''

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, in practice the judiciary was 
subordinate to the President. There was no legislative review of the 
President's judicial appointments and dismissals, except for the 
chairman (chief justice) of the Supreme Court, whom parliament 
nominally reviewed. The President had sole authority to dismiss all 
judges before the completion of their terms. The judiciary was widely 
reputed to be both corrupt and inefficient.
    The court system consists of a Supreme Court, six provincial courts 
(including one for Ashgabat), and 64 district and city courts. Civilian 
courts, under the authority of the Office of the Prosecutor General, 
tried criminal offenses committed by members of the armed forces.

    Trial Procedures.--The law provides due process for defendants, 
including a public trial, access to accusatory material, the right to 
call witnesses to testify on their behalf, a defense attorney or a 
court-appointed lawyer if the defendant cannot afford one, and the 
right to represent oneself in court. In practice authorities often 
denied these rights. Defendants frequently did not enjoy a presumption 
of innocence. There was no jury system. The Government permitted 
foreign observers to attend most nonpolitical trials but closed some 
trials, especially those it considered politically sensitive. There 
were few independent lawyers available to represent defendants. The 
courts at times did not allow defendants to confront or question 
witnesses against them and denied defendants and their attorneys access 
to government evidence. In some cases courts refused to accept 
exculpatory evidence provided by defense attorneys, even if that 
evidence would have changed the outcome of the trial. Even if the 
courts observed due process rights, the authority of the Government 
prosecutor far exceeded that of the defense attorney, making it 
difficult for the defendant to receive a fair trial. Court transcripts 
were frequently flawed or incomplete, especially when defendants' 
testimony had to be translated from Russian to Turkmen. Defendants 
could appeal lower courts' decisions and petition the President for 
clemency. In most cases courts ignored allegations of torture that 
defendants raised in trial.
    There were regular reports that police arrested individuals and 
requested they pay fines for breaking specific laws. However, when 
citizens asked to see the law, government officials refused or stated 
the laws were secret.

    Political Prisoners and Detainees.--The Government held at least 
one political prisoner, Mukhametkuli Aimuradov, imprisoned since 1995.
    On June 24, authorities arrested former civil activist and former 
political prisoner Gulgeldy Annaniyazov after he re-entered the 
country. Annaniyazov received asylum in Norway in 2002 after serving 
five years in a Turkmenbashy prison for his role in a 1995 political 
demonstration. In July he was sentenced in a closed court trial to 11 
years in prison, but at year's end no further information about his 
case was available.
    In 2006 authorities charged three journalists Ogulsapar Myradova, 
Annakurban Amanklichev, and Sapardurdy Hajiyev with weapons possession 
after they received journalism equipment from foreign sources. They 
were sentenced in a closed trial to six to seven years' imprisonment. 
RFE/RL, the Turkmenistan Helsinki Foundation, and several other human 
rights organizations claimed they were charged with criminal activities 
to block their reporting. There was no further information regarding 
the Government's investigation of Amanklichev and Hajiyev on additional 
charges of espionage and treason, and they remained in jail. Myradova 
died in police custody under suspicious circumstances.
    Opposition groups and some international organizations claimed the 
Government held many political prisoners and detainees, although the 
precise number of these individuals-including those convicted of 
involvement in the 2002 attack-remained unknown. There were reports 
that the Government held approximately 360 individuals in Owadan Depe 
prison for their perceived political opinions and alleged involvement 
in the 2002 attack. Human rights observers considered conditions at 
Owadan Depe Prison among the worst in the country, and there were 
reports that prison officials subjected prisoners to torture and abuse.
    In 2007 there were reports that some prisoners accused of economic 
crimes, including a number of former senior government ministers, may 
have been moved from Owadan Depe Prison to Mary Prison. Government 
officials refused to respond to inquiries from family members and 
diplomats about many prisoners' location or condition. Government 
officials also refused to permit family members, foreign diplomats, or 
international observers, including the ICRC, access to detainees or 
prisoners associated with the 2002 attack.

    Civil Judicial Procedures and Remedies.--The civil judiciary system 
was not independent or impartial; the President appointed all judges. 
There were instances of police investigations that went to court in 
which plaintiffs could sue defendants. In theory the civil court system 
functions, but there were reports of bribes to ensure a positive 
outcome. In cases in which the state had interests regarding an 
individual citizen, it enforced domestic court orders. The most 
commonly enforced court orders were eviction notices.

    Property Restitution.--The Government failed to enforce the law 
consistently with respect to restitution or compensation for 
confiscation of private property. In February 2007 President 
Berdimuhamedov announced there would be no housing demolition unless 
replacement housing was available. However, during the year there were 
reports that the Government demolished some private homes as part of an 
urban renewal program in and around Ashgabat without adequate 
compensation to the owners.
    In some 2006 cases, the Government required evicted families to pay 
for removal of the rubble of their destroyed homes, gave persons as 
little as 48 hours to vacate, and did not provide homeowners with 
alternative accommodations or compensation. Others were given two 
weeks' notice to vacate and were offered apartments or plots of land in 
compensation on undeveloped or nonirrigated plots, resulting in the 
loss of livelihood for some.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions; 
however, authorities frequently did not respect these prohibitions in 
practice. Authorities in some cases forcibly searched the homes of 
suspected regime opponents and some minority religious group members 
without independent judicial authorization. The law does not regulate 
surveillance by the state security apparatus, which regularly monitored 
the activities of officials, citizens, opponents and critics of the 
Government, and foreigners. Security officials used physical 
surveillance, telephone tapping, electronic eavesdropping, and 
informers. The Government reportedly intercepted surface mail before 
delivery, and letter packets and parcels taken to the post office had 
to remain unsealed for inspection.
    A noncitizen may marry a citizen only after one year's residency in 
the country. There were reports of a small number of such marriages.
    Individuals who were harassed, detained, or arrested by authorities 
continued to report that their family members were often fired from 
their jobs, expelled from schools, or detained and interrogated.
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 did not 
respect these rights in practice. There were no specific reports of 
persons expressing dissenting views being arrested on false charges of 
committing common crimes and in some cases being subjected to abuse, 
harassment, and deprivation, including loss of opportunities for 
advancement and employment. However, there were reports that law 
enforcement officials harassed and detained Turkmen journalists working 
for foreign media outlets, most notably several who worked for RFE/RL.
    Almost all print media were government financed. Except for the 
private but government-sanctioned Turkish newspaper Zaman, which 
reflected the views of the state newspapers, the Government imposed 
significant restrictions on the importation of foreign newspapers.
    The Government controlled radio and local television, but use of 
satellite dishes providing access to foreign television programming was 
widespread throughout the country. Citizens also received international 
radio programs through satellite television access.
    During the year government agents reportedly detained, harassed, 
and intimidated journalists and their families. Journalists working for 
RFE/RL, in particular, reported frequent harassment by government 
authorities.
    In January authorities interrogated RFE/RL correspondent Soltan 
Achilova for two days, accusing her of producing reports critical of 
national policy. They released her after she signed an agreement to 
stop working for RFE/RL until she had formal press accreditation.
    In late April a Molotov cocktail struck the house of RFE/RL 
reporter Gurbandurdy Durdykuliyev in Balkanabat. Three of the outer 
walls were painted with obscene graffiti, including the word 
``traitor,'' paint was poured on his car, and human feces were smeared 
on his front door.
    In late April security officials sought to disrupt the wedding of a 
family member of an RFE/RL reporter by harassing the prospective bride, 
pressuring several subsequent restaurant managers to cancel the wedding 
reservation, and later turning off the electricity at the final wedding 
venue.
    In July RFE/RL reporter Osman Halliyev reported that security 
authorities pressured administrators at the Azadi Foreign Language 
Institute to expel his son because Halliyev refused to stop working for 
RFE/RL.
    Harassment of RFE/RL reporter Halmyrat Gylychdurdyev continued on 
and off throughout the year. Government harassment because of his 
reporting had initially eased up and then increased in frequency in 
2007. Authorities intermittently monitored his activities, harassed his 
family, and periodically disconnected his mobile telephone service. In 
2006 authorities routinely harassed him and his family for his earlier 
economic articles unfavorable to the Government.
    During the year the Government barred four RFE/RL reporters from 
travel abroad. The OSCE reported that the Government did not allow a 
journalist to travel abroad in 2007.
    The former editor in chief of the state newspaper Esger remained in 
jail on a 17-year sentence for unspecified crimes.
    During the year state journalists still needed to get permission to 
cover specific events. They were also required to seek approval to 
publish or air the subject matter they had covered.
    Domestic journalists and foreign news correspondents engaged in 
self-censorship due to fear of government reprisal. The Government 
continued to censor newspapers. The Government continued to prohibit 
reporting opposing political views or any criticism of the President.
    The Government continued to keep Russian government-supported, 
Russian-language Radio Mayak transmissions off the air.
    To regulate domestic printing and copying activities, the 
Government required all publishing houses and printing and photocopying 
establishments to obtain registration licenses for their equipment. The 
Government required the registration of all photocopiers and mandated 
that a single individual be responsible for all photocopying. The 
Government owned all publishing companies. Works on topics that were 
out of favor with the Government, including fiction, were not 
published.
    The Government continued its ban on subscription to foreign 
periodicals for nongovernment entities, although copies of the Russian 
newspaper Argumenti I Fakti and other nonpolitical periodicals appeared 
occasionally in the bazaars. In June the Government began permitting 
government agencies and institutions to acquire subscriptions to 
foreign academic and scientific periodicals.
    There was no independent oversight of press accreditation, no 
defined criteria for allocating press cards, no guarantee of receiving 
accreditation when space was available, and no prohibition on 
withdrawing accreditation for political reasons. The Government 
required all foreign correspondents to apply for accreditation. 
Journalists from outside the country were granted visas only to cover 
specific events such as international conferences and summit meetings, 
where their activities could be monitored. Authorities denied some 
journalists accreditation, although at least five journalists 
representing foreign media organizations were accredited. Turkish news 
services had eight correspondents in the country, at least two of which 
were reportedly accredited. As many as 13 correspondents representing 
foreign media services operated without accreditation.

    Internet Freedom.--Internet access increased modestly, although 
government-owned Turkmen Telecom remained the main provider to the 
general population, and administrative requirements for getting 
connected, including a signature from the local police station, 
continued to impede access. The Government monitored citizens' e-mail 
and Internet usage and cut service for accounts used to visit sensitive 
Web sites. During the year Turkmen Telecom continued to issue new 
Internet accounts to businesses and organizations and, in June, 
reportedly began issuing new accounts to private individuals for the 
first time in years. Turkmen Telecom rates for dial-up access remained 
very expensive for the average citizen. The initial connection cost was 
600,000 manats (approximately $42), with a monthly subscription fee of 
200,000 manats (approximately $14), in addition to a 12,000 manat 
(approximately $.80) per hour usage fee. Private citizens reported in 
November that often they could not get on line with their new accounts 
because of competition for limited bandwidth. As of November, 2,000 
households remained on a waiting list for Internet access via Turkmen 
Telecom.
    There were approximately 15 state-owned Internet cafes nationwide, 
in addition to NGO-sponsored facilities, private businesses, and 
business centers that were granted access to the Internet. Although the 
Government reduced Internet cafe fees to approximately 30,000 manats 
(approximately $2) per hour in April, it remained prohibitively 
expensive for the average citizen. Access to specific Web sites 
remained inconsistent. In March the Government allowed Russian cellular 
telephone provider MTS to begin providing mobile Internet service to 
its business customers, including citizens. In June MTS was able to 
offer this service to all of its customers, more than 800,000 
subscribers by year's end.

    Academic Freedom and Cultural Events.--On January 15, the 
Government formally reinstated graduate and postgraduate study programs 
in the country's higher educational institutions for the first time 
since 1998. However, only one or two graduate students were admitted to 
each higher educational institution, totaling approximately 80 
students. No formal classes or courses were offered at the graduate 
level. Instead, the main focus was research.
    The Government still did not recognize academic degrees received 
abroad, and only government-selected students were allowed to 
participate in intergovernmentally approved exchange programs. The 
Ministry of Education did not recognize degrees from nonstate 
institutions of higher education in former Soviet Union countries. It 
did, however, recognize degrees obtained abroad through 
intergovernmentally approved education programs. Most exchanges at the 
university level are prohibited by the Law on Education. The Ministry 
of Education took no steps to act on the President's 2007 request that 
the ministry facilitate recognition of foreign degrees. Furthermore, 
the Government did not introduce its own sponsored scholarship program 
for study abroad, despite the President's promises to do so and the 
efforts of the international community.
    The Government did not tolerate criticism of government policy or 
the President in academic circles and curtailed research into areas it 
considered politically sensitive, such as comparative law, history, 
ethnic relations, or theology. University enrollment totaled 
approximately 4,000 students at all higher educational institutions, 
compared with 3,615 students in 2007.
    Officials from the Ministry of Education and provincial authorities 
sought to prevent students who were not ethnically Turkmen from 
entering exchange programs.
    Niyazov's Ruhnama, Ruhnama II, poetry volumes, The Spring of My 
Inspiration, and My Beloved remained part of the school curriculum, and 
passing tests on knowledge of the Ruhnama was still necessary for 
advancement, graduation, or admission to higher educational 
institutions, even to Russian universities. However, teachers reported 
having to spend substantially less class time on former President 
Niyazov's works than in the past, as the revamped curriculum introduced 
new subjects and an expanded and more fact-based study of local history 
and culture. At the beginning of the school year, Ruhnama studies as a 
separate course was discontinued, and began to be taught instead as a 
part of a new discipline, which included Ruhnama; the country's 
history, philosophy, sociology, political science, and economic theory; 
and President Berdimuhamedov's book Epoch of New Revival.
    Most secondary school textbooks were revised during the year to 
remove all text devoted to Niyazov and his family. New text devoted to 
the ``New Era'' ideology replaced it. The compulsory Ruhnama corner at 
pre-schools, schools, and universities was turned into a Berdimuhamedov 
corner centered on his ``Era of Great Revival'' writings. After long 
requiring traditional dress uniforms for all students, schools 
announced more conservative dress codes for female faculty. The new 
requirements include wearing one-color national dress with traditional 
embroidery and not wearing jewelry or makeup. Enforcement was uneven.
    Although restrictions eased somewhat, the Government continued to 
control attendance at nonindigenous cultural events and refused to 
permit the production of some foreign plays and performances in state 
theaters. The Government demonstrated little or no support for non-
Turkmen music, but classical music was taught and performed throughout 
the country. The previously banned government-supported symphony 
orchestra was reestablished at the National Cultural Center and began 
monthly concerts of Turkmen and world classical music. The President 
decreed that the circus reopen, and the first opera performance took 
place in June.
    Traditional local music, which had not been performed for years, 
was played in concerts and social events. Pirated copies of 
international films were available for sale or rent for home viewing 
and were shown on television. Several ministries, including the 
Ministry of Culture, hosted a large number of international festivals 
of music, theater, and films, exposing national audiences to artistic 
work from abroad. Although these events facilitated greater contact of 
local specialists with colleagues from abroad, the interaction was 
still somewhat censored and limited. The Ministry of Culture censored 
and then monitored all public exhibitions-music, art, and cultural.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
but the Government restricted this right in practice. Authorities 
neither granted the required permits for any public meetings and 
demonstrations during the year, nor did they allow unregistered 
organizations, particularly those perceived to have political agendas, 
to hold demonstrations.

    Freedom of Association.--Although the constitution and law provide 
for freedom of association, the Government restricted this right in 
practice. The law requires all NGOs to register with the Ministry of 
Justice (MOJ) and all foreign assistance to be registered with the 
Ministry of Economics and Development and the MOJ, and coordinated 
through the Ministry of Foreign Affairs. Unregistered NGO activity is 
punishable by fines, short-term detention, and confiscation of 
property. The Government routinely continued to deny registration to 
NGOs and other private organizations using subjective criteria.
    In July the Government reported it had registered 11 new civic 
organizations, including the groups that had been denied registration 
in 2007. These were the first civic organizations the Government 
formally registered since 2005. Although 10 of the 11 newly registered 
groups were reported to be affiliated with the Government, the first 
community-based NGO in the country, the Ak Bugday Gardener's 
Association, was also registered. The Government deregistered 11 NGOs 
during the year as well.
    Of the 89 registered NGOs, international organizations considered 
seven to be independent. The Government continued to present numerous 
administrative obstacles to those that attempted to register. Although 
some groups reported good cooperation with the MOJ in the registration 
process, other NGOs reported frequent difficulties, such as 
applications returned on technical grounds. Some groups found 
alternative ways to carry out activities, such as registering as 
businesses or subsidiaries of other registered groups. Other groups 
awaiting registration temporarily suspended or limited their 
activities.
    During the year authorities in Lebap Province advised two community 
groups against cooperation with an international NGO. Local security 
authorities in Dashoguz Province advised a community activist not to 
accept grants from international organizations.
    Security service officials harassed NGOs and their local partners 
throughout 2007. In April and May 2007 authorities closed several 
information and resource centers in the central Ahal region that an 
international NGO operated; one was later allowed to reopen. 
Authorities terminated cooperation between an NGO and local community 
groups twice in 2007. Also in April and May 2007 authorities advised 
two community groups against cooperation with an NGO, and in one case 
terminated training the NGO was providing, advised against cooperation 
with the NGO, and questioned its local point of contact.
    No independent political groups existed. The only registered 
political party was the ruling Democratic Party, the former Communist 
Party of Turkmenistan. The Government did not prohibit membership in 
political organizations; however, in practice authorities harassed 
those who claimed membership in political organizations other than the 
Democratic Party.
    Government authorities harassed some recipients of foreign grants. 
There were no cases in which the Government refused to register a grant 
project, but the process for registering grants was delayed for several 
months. Following its reinstitution in May, the grant registration 
process resumed normal functions.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion; however, the Government restricted this right in 
practice. There was no state religion, but the majority of the 
population is Sunni Muslim. The Government incorporated some aspects of 
Islamic tradition into its efforts to define a national identity, but 
in practice the Government closely controlled and monitored all 
religious activities and placed some restrictions on Muslims. The 
Government required all religious groups as well as individual mosques 
and churches to register with the MOJ and continued government 
monitoring of financial and material assistance to religious groups 
from foreign sources. The Government required groups to file reports of 
proceedings at all meetings. Some groups reported confusion over 
registration requirements because of conflicting statements by 
government officials from different ministries. In 2005 the Government 
explained that individual branches of religious groups could be 
temporarily registered by requesting representative power of attorney 
from the registered branch of their particular group; in many cases 
this resolved branches' registration problems. Although religious 
groups had persistent problems overcoming administrative hurdles to 
registration, the Government registered an evangelical Christian group 
in September 2007, the first group to receive registration since 2005.
    In October 2007 the Government also registered an unidentified 
Islamic organization from Ahal. At least three groups that had applied 
for registration continued to be denied legal status. Other 
unregistered religious congregations such as Jehovah's Witnesses, 
separate groups of Baptists, and evangelical Christian groups existed, 
although the Government restricted their activities. The Government 
officially prohibited unregistered groups from conducting religious 
activities. According to the CRA, Shi'a Muslim groups were allowed to 
register collectively as one organization.
    The Catholic Church remained unregistered because of a conflict 
with local law requiring that the head of the church be a citizen. 
However, authorities appeared to have eased their harassment of the 
church. Church leaders conducted regular masses and held classes on 
Catholicism for interested ethnic Turkmen and non-Turkmen citizens 
without government harassment.
    The government-appointed CRA reports to the President and 
ostensibly acts as an intermediary between the Government bureaucracy 
and registered religious organizations. The CRA includes 
representatives of the Government, Sunni Islam, and the Russian 
Orthodox Church but no other religious groups. In practice the CRA 
acted as an arm of the state, exercising direct control over hiring, 
promotion, and firing of both Sunni Muslim and Russian Orthodox clergy, 
compensation of Sunni Muslim clergy, and monitoring of all religious 
publications and activities.
    Both registered and unregistered minority religious communities 
experienced difficulty in obtaining facilities where they could 
worship. Legal and governmental obstacles hindered or prevented the 
ability of religious groups to purchase or rent land or buildings for 
worship or meetings. Registered and unregistered groups also 
experienced difficulty in using private homes for worship or study.
    The Government continued occasionally to harass and threaten both 
registered and unregistered minority religious groups. Examples of 
harassment included government agents interrupting religious services 
and interrogating, detaining, and pressing religious minority group 
members to abandon their beliefs. The Government threatened members of 
minority religious groups with fines, loss of registration, loss of 
employment and housing, and imprisonment because of their beliefs. 
There were also reports of raids and the seizure of religious 
materials.
    Members of Jehovah's Witnesses and other minority religious groups 
reportedly experienced police harassment, disruption of meetings, 
surveillance, detentions, and administrative fines.
    On April 22, local police in Turkmenbashy raided a religious 
gathering and detained the church's pastor, Timur Muradov, and two 
foreign visitors for holding an unauthorized gathering. The two foreign 
visitors were deported and Muradov was interrogated and warned to stop 
his religious activity. Authorities threatened to plant evidence on him 
to have a reason to arrest him. He was released after agreeing to write 
a statement of explanation of his activities and to appear before a 
commission that would determine a fine.
    On May 6, local security officials in Balkanabat raided the 
apartment of a member of Jehovah's Witnesses where four other members 
of Jehovah's Witnesses were staying and confiscated a computer and 
other personal belongings. The officials beat the individuals with a 
belt on the head, abdomen, and legs and tried to force them to say, ``I 
am a Muslim.'' The officials then detained the members of Jehovah's 
Witnesses overnight at a police station and forced them to sign 
confessions and pay fines.
    On May 7, Turkmenbashy city officials detained and questioned two 
female members of Jehovah's Witnesses from Dashoguz and Kyzyl Arbat, 
claiming a decree had been issued outlawing Jehovah's Witnesses. Police 
officers pressured them to sign a statement regarding their activities, 
seized their passports, and forced the women to return to their towns 
of residence.
    In June authorities deported a foreign visitor who made an 
unplanned visit to a member of a registered Christian church in 
Ashgabat. The church was threatened with the loss of its registration, 
although church officials had neither invited nor been aware of the 
visitor.
    On June 15, local officials, including an imam, broke into an 
apartment in Turkmenbashy and interrupted a meeting of Jehovah's 
Witnesses. They interrogated those present and searched the apartment, 
seizing a Bible, several publications, and a songbook.
    The Government incorporated some aspects of Islamic tradition in 
its effort to redefine a national identity. Despite its embrace of 
certain aspects of Islamic culture, the Government was concerned about 
foreign Islamic influence and the interpretation of Islam by local 
believers. The Government controlled the establishment of Muslim places 
of worship and limited access to Islamic education. Two mosques were 
reportedly being refurbished or rebuilt.
    The Government officially banned only extremist groups that 
advocate violence, but it also categorized Islamic groups advocating 
stricter interpretations of Islamic religious doctrine as 
``extremist.'' The Government did not officially restrict persons from 
changing their religious beliefs and affiliation, but ethnic Turkmen 
members of unregistered religious groups accused of proselytizing and 
disseminating religious material generally received harsher treatment 
than nonethnic Turkmen.
    Police officers often subjected ethnic Turkmen who converted to 
Christianity to harassment and mistreatment such as verbal abuse for 
denying their heritage by converting.
    Reports of obstructed travel based on religious minority group 
affiliation continued. In April Turkmen Evangelical Church Pastor 
Ilmyrat Nurliyev was barred from travel to Ukraine for a friend's 
wedding. The Government continually denied entry visas to foreign 
members of registered and unregistered groups.
    During the year the Government permitted the visits of foreign 
religious officials. In March a group of regional Catholic officials 
were permitted to visit for a retreat. In May a senior official of the 
Russian Orthodox Church made an official visit for the first time since 
2005, and in September authorities permitted the visit of a Seventh-day 
Adventist regional representative for the first time in eight years. 
Foreign missionary activity is prohibited, although both Christian and 
Muslim missionaries were present. The Government also prohibited 
proselytizing by unregistered religious groups.
    There was no official religious instruction in public schools. 
Although the Ruhnama continued to be taught in all public schools and 
institutes of higher learning, teachers reported that such training 
decreased substantially. Unregistered religious groups and unregistered 
branches of registered religious groups were prohibited from providing 
religious education. Extracurricular religious education was allowed 
only with CRA and Presidential permission, and there were no reports 
that either the CRA or the President approved such programs.
    The Government also controlled access to Islamic education. The 
theology faculty in the history department at Turkmen State University 
in Ashgabat was the only academic faculty that conducted Islamic 
education. Although President Berdimuhamedov continued with 2006 plans 
to construct a Ruhnama university, the projected university's focus 
began to change from ``studying the deep roots of the nation's great 
spirit'' to include a more international outlook. Only one institution 
of Islamic education remained open, and the Government controlled the 
curriculum.
    The Ruhnama was no longer seen in mosques, even the large mosque in 
former President Niyazov's home village of Gypjak. Phrases from the 
Ruhnama were, however, still inscribed on the Gypjak mosque. The 
Government did not allow the publication of religious literature, 
limiting the availability of Korans, Bibles, and other religious 
literature. In practice the CRA must approve imported religious 
literature. Government representatives informed religious groups they 
could only import religious literature in quantities corresponding to 
the number of registered congregants, but even registered groups had 
difficulty importing religious literature.
    The Government again financially sponsored 188 pilgrims (one 
planeload) personally approved by the President out of the country's 
quota of 4,600 to travel to Mecca. The Government stated that other 
pilgrims were allowed to go on the Hajj at their own expense, and there 
were indications that significantly more self-financing pilgrims were 
allowed to make the Hajj.
    The Government does not offer alternative civilian service for 
conscientious objectors, which was provided by law until 1995. 
Individuals who refused military service for religious reasons were 
offered noncombatant roles within the military but were not provided 
with nonmilitary service alternatives. According to Forum18, in 
February Turkmenbashy authorities sentenced Jehovah's Witness Vladimir 
Golosenko to two years of forced labor for evading compulsory military 
service, although his sentence was suspended. The state reportedly took 
20 percent of his wages as part of his punishment.
    During 2007 authorities charged six members of Jehovah's Witnesses 
with evading compulsory military service, but all received suspended 
sentences after interventions from the international community. Four of 
the individuals received government pardons, and two continued to be 
subject to the terms and conditions of their suspended sentences. One 
of the individuals still serving a suspended sentence reported in July 
that his local military commission had indicated it would reinitiate 
charges against him when his suspended sentence ended.

    Societal Abuses and Discrimination.--There were 2,000 self-
identified Jews and no reports of anti-Semitic acts.
    Ethnic Turkmen who chose to convert from Islam to other religious 
groups were viewed with suspicion and sometimes ostracized.
    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 for full freedom of movement and require internal passports and 
residency permits. 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, stateless persons, and 
other persons of concern. The President eliminated police checkpoints 
on major roads soon after his inauguration in February 2007 and lifted 
controls requiring citizens to obtain permits for internal travel to 
border regions in July 2007. The border permit requirement remained in 
effect for all foreigners.
    The Government inconsistently applied its policy on dual passport 
holders and occasionally demanded that Russian passport holders procure 
Commonwealth of Independent States visas based on their Turkmen 
passports. In 2007 the Government permitted at least four previously 
restricted citizens to travel overseas. However, the criteria for 
preventing travel remained unclear, and the Government still barred 
citizens from departing the country.
    The Government denied that it maintained a list of persons not 
allowed to depart the country. A restrictive 2005 migration law forbids 
travel by any citizen who has access to state secrets, has falsified 
personal information, has committed a serious crime, is under 
surveillance, might become a trafficking victim, has previously 
violated the law of the destination country, or whose travel 
contradicts the interests of national security.
    Citizens were able to inquire about their travel status at the 
State Agency for the Registration of Foreign Citizens Immigration. 
However, only approximately half of those who inquired received 
information on their travel status. During the year none of those 
barred from travel was successful in appealing restrictions on travel.
    In January authorities prevented the daughter of RFE/RL 
correspondent Halmurat Gylychdurdiyev from traveling to Moscow for 
medical treatment. After diplomatic intervention the Government 
permitted her to travel abroad in September.
    In late April and again in early June authorities pulled a junior 
RFE/RL reporter from two international flights and told him ``law 
enforcement'' officers opposed his departure. On June 5, authorities 
denied departure for fellow RFE/RL reporter Soltana Achilova.
    In April Immigration Service authorities told Turkmen Evangelical 
Church Pastor Ilmyrat Nurliyev he could not travel to Ukraine for a 
friend's wedding. Nurliyev had also been escorted off a plane bound for 
Ukraine in November 2007. When Nurliyev wrote a letter of complaint in 
2007 to the State Agency for the Registration of Foreign Citizens, he 
received a reply noting that his claim of being forcibly removed from 
an airplane was not confirmed.
    On June 15, Ovez Annayev, brother-in-law of exile opposition leader 
Khudayberdy Orazov, was removed from a flight to Moscow, where he was 
going to obtain medical treatment, although a national security service 
official had assured him he would be permitted to travel abroad. In 
November 2007 authorities prevented Svetlana Orazova, Annayev's wife 
and the sister of exile opposition leader Khudayberdy Orazov, from 
boarding a plane to Moscow. Orazova had previously appealed her travel 
restriction, and the State Agency for the Registration of Foreign 
Citizens told her she would be allowed to leave the country. In 
December 2007 she sent a letter of complaint to the State Agency for 
the Registration of Foreign Citizens.
    On July 4, Andrey Zatoka, an environmental activist who was 
pardoned in October 2007, received a letter from the Office of the 
Prosecutor General stating he was prohibited from traveling abroad.
    In October Gulgeldy Annaniazov's daughter and her family were not 
allowed to leave the country.
    The Government permitted citizens living in Dashoguz and Lebap 
provinces to spend only three days a month visiting relatives in the 
Bukhara and Khorezm provinces of neighboring Uzbekistan, although 
travel there is visa-free.
    The law permits forced internal and external exile, and at year's 
end some individuals remained in forced exile. Authorities sent some 
prisoners, usually former government officials, into internal exile. 
Some former ministers and government officials who had been dismissed 
from their positions and sent into internal exile in previous years 
remained under house arrest. Almost all political opponents of the 
Government lived in other countries for reasons of personal safety.

    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 the expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
The Government granted refugee or asylum status to some ethnic Turkmen 
from Afghanistan and Tajikistan and to other groups of ethnic Uzbeks 
and Russians. There were 125 UNHCR mandate refugees in the country. The 
Government also provided temporary protection to individuals who may 
not qualify as refugees under the 1951 Convention or the 1967 protocol. 
In 2006 the Government granted citizenship or legal residency to more 
than 16,000 ethnic Turkmen individuals who had resettled to 
Turkmenistan in the 1990s. Most of those granted citizenship were 
ethnic Turkmen who had fled conflict in Tajikistan in the early 1990s, 
ethnic Uzbeks, or Russians. The Government cooperated with the UNHCR 
and other humanitarian organizations in assisting refugees and asylum-
seekers.

    Stateless Persons.--The UN Development Program (UNDP) reported 
there were few stateless persons in the country. However, the UNDP also 
estimated there may be as many as 9,000 undocumented residents who were 
Soviet Union passport holders at the time of the dissolution and who 
did not have a state affiliation selected when their Soviet passports 
expired in 1999. The Government administratively processed these 
residents and issued them residency permits while considerations of 
state affiliation continued. The UNDP could not easily quantify these 
persons because they had not sought UNDP assistance, nor had they 
sought a change in their status. The UNHCR considered these individuals 
as de facto stateless or at risk of becoming stateless. The Government 
streamlined its residency registration process via a 2005 decree and 
then issued citizenship to approximately 13,000 ethnic Turkmen refugees 
seeking haven from Tajikistan's civil war.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens could not freely choose and change the laws and officials 
that governed them. The constitution declares the country a secular 
democracy in the form of a Presidential republic. It calls for the 
separation of powers among the branches of government but vests a 
disproportionate share of power in the presidency. In practice the 
President's power over the state continued to be absolute; he made most 
important decisions. Unlike in previous years, citizens swore a 
national oath of allegiance to the country rather than to the 
President.
    According to the OSCE, the election law does not meet OSCE 
standards.

    Elections and Political Participation.--On September 26, the Halk 
Maslahaty (Peoples' Council) adopted a revised national constitution 
that gave broader powers to the Mejlis (parliament), increased the 
President's powers, and abolished the Halk Maslahaty as a political 
body. On October 15, the Government also adopted a revised Mejlis 
election law that incorporated some international standards, including 
eliminating negative voting, permitting the nomination of candidates by 
community groups, and granting the right to vote to detainees not yet 
convicted of a crime. On December 14, parliamentary elections were held 
for deputies to the Mejlis. For the first time, the Government invited 
international observers to monitor the election process. The elections 
did not meet OSCE standards for free, fair, transparent, and 
competitive elections.
    Under the constitution, upon the December 2006 death of former 
President Niyazov, then Parliament Chairman Ovezgeldy Atayev should 
have become the interim President. However, Gurbanguly Berdimuhamedov, 
the deputy prime minister, was named instead, and authorities initiated 
a criminal investigation against Atayev. Atayev reportedly remained in 
prison at year's end. On December 26, 2006, the People's Council 
selected six Presidential candidates, changing the constitution to 
allow the candidacy of Interim President Berdimuhamedov. Residency 
requirements precluded the candidacy of some exiles who expressed a 
desire to run for President. Nurberdy Nurmamedov, a dissident figure 
living in Ashgabat whom some of the exiles hoped would be a candidate, 
was detained on December 23, 2006 and released on December 30, 2006.
    In February 2007, citizens selected Berdimuhamedov President in an 
election that did not meet international standards. The OSCE noted the 
following problems: lack of political pluralism, restrictions on the 
right of citizens to run for President, lack of provisions regulating 
the media coverage of the campaign, prohibition for failed candidates 
to contest a repeat election, and negative voting requiring voters to 
cross out the names of all candidates except the name of the chosen 
candidate. Although the Government did not legally prohibit membership 
in political organizations, it banned all political parties other than 
the President's Democratic Party. The Government continued to ban 
political opposition in the country, leaving the exiled opposition 
movements in Europe as the only alternative political voice for the 
country.
    There were eight women in the 50-member parliament, including the 
Mejlis Chairman, elected in 2005. Women served in a few prominent 
government positions: Deputy Chairman of the Cabinet of Ministers for 
Culture and Television (a vice premier position), Director of the State 
Archives, Director of the Institute for Democracy and Human Rights, 
head of the Supreme Council on Science and Technology, and head of the 
state news agency.
    The one member of a minority group in the 50-seat parliament died 
in November 2006, and his seat remained vacant. The Government gave 
preference for appointed government positions to ethnic Turkmen, but 
ethnic minorities occupied several high government positions. Members 
of the country's largest tribe, the President's Teke tribe, held the 
most prominent roles in cultural and political life.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials reportedly often engaged 
in corrupt practices with impunity. Widespread corruption existed in 
all social and economic sectors. Factors included the existence of 
patronage networks, a lack of transparency and accountability 
mechanisms, and fear of government reprisal. According to the World 
Bank's Worldwide Governance Indicators, the country had a severe 
corruption problem. Transparency International's 2008 Corruption 
Perceptions Index noted that experts perceived rampant corruption among 
the country's public officials.
    The President dismissed numerous ministers and government officials 
from their positions; some were investigated and even arrested for 
alleged malfeasance, although a lack of information about their cases 
made it difficult to determine whether their arrests were politically 
motivated. The Government did not sentence any senior government 
officials to jail terms or put them under house arrest during the year, 
although several officials were investigated for possible wrongdoing in 
their official capacities. Two senior government officials were fired 
for grave shortcomings in their work and may have been charged with 
crimes-Onjyk Musaev, head of the Democratic Party of Turkmenistan, and 
Customs Chief Muratberdi Annaliyev. Their status was unknown at year's 
end.
    In 2007 authorities indicated they would charge at least seven 
senior government officials with crimes after firing them, including 
Akmurat Rejepov, chief of the Presidential guard and close advisor to 
former President Niyazov; Payzegeldy Meredov, a former minister of 
agriculture accused of corruption; and Ovezgeldy Atayev, former 
chairman of the Mejlis. Atayev was sentenced to five years in prison. 
Former Minister of Railroads Orazberdy Hudayberdiyev was released in 
the October 2007 pardon. The status of the others was unknown at year's 
end.
    There is no law that allows for public access to government 
information, and in practice the Government did not provide access. 
Authorities denied requests for specific information on the grounds 
that the information was a state secret. Some statistical data were 
considered state secrets. There was no public disclosure of demographic 
data, and published economic and financial data were manipulated to 
justify state policies and expenditures.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no domestic human rights NGOs. The Government warned its 
critics against speaking with visiting journalists or other foreigners 
wishing to discuss human rights problems. During the year the 
Government continued to monitor the activities of nonpolitical social 
and cultural organizations.
    There were no international human rights NGOs with a continued 
permanent presence in the country; however, the Government permitted 
international organizations, including the OSCE and the UNHCR, to have 
resident missions. Government restrictions on freedom of speech, press, 
and association severely restricted international organizations' 
ability to investigate and criticize the Government's human rights 
policies. Some officials were more responsive to questions regarding 
alleged human rights abuses. The Government appeared to have relaxed 
somewhat its past efforts to control citizens' access to international 
organizations and missions and to discourage citizens from cooperating 
with foreigners. During the year the OSCE reported there had been no 
perceptible restrictions on citizens' ability to visit and participate 
in OSCE Center activities. In October 2007 the OSCE reported the 
Government had stopped impeding ordinary citizens from visiting the 
OSCE Center or participating in OSCE-sponsored civil society-themed 
seminars and activities. In June 2006 the Council of Ministers accused 
diplomats and the mission of the OSCE of fomenting revolution in the 
country for passing journalism equipment to citizens.
    From September 4 to 10, the UN Special Rapporteur on Freedom of 
Religion or Belief made her first official visit to the country. She 
met with the President; other national, regional and local government 
representatives; the Chairman of Parliament; members of the Supreme 
Court; and a variety of registered and unregistered religious group 
representatives.
    In a public statement, the rapporteur encouraged the Government to 
revise its Law on Religion to bring it into greater conformity with 
international human rights standards and recommended that the CRA be 
more inclusive and independent. She recommended that the Government 
reduce restrictions on the importation of religious material and on 
acquiring facilities for religious activity. She also recommended that 
legislation be revised to provide alternative civilian service in place 
of compulsory military service for conscientious objectors. HRW 
reported that security services had warned representatives of at least 
three different religious communities in Ashgabat not to meet with the 
rapporteur during her visit.
    The government-appointed Institute for Democracy and Human Rights 
(IDHR) played an unofficial ombudsman's role to resolve some citizen 
human rights-related appeal requests during the year. In 2007 the 
Government established the Human Rights Commission, which reports to 
the President, to oversee institutional human rights reform. In 2007 
the Government also established a committee headed by the Chairman of 
the Supreme Court to review citizen complaints about law enforcement 
activities. In 2005 the Committee on the Protection of Human Rights and 
Liberties was established in parliament to oversee human rights-related 
legislation. The IDHR, also subordinate to the President, was 
established in 1996 with a mandate to support democratization and 
monitor the protection of human rights, and maintained a human rights 
library. The IDHR was not an independent body, and its ability to 
obtain redress was limited.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the law prohibits discrimination based on race, gender, 
disability, language, or social status, violence against women, and 
discrimination against ethnic minorities, discrimination continued to 
be a problem.

    Women.--Rape, including spousal rape, is illegal, with penalties of 
three to 25 years based on the level of violence of the incident and 
whether the attacker was a repeat offender. A cultural bias against 
reporting or acknowledging rape made it difficult to determine the 
extent of the problem.
    The law prohibits domestic violence, including spousal abuse, but 
the law was not effectively enforced. Penalties are based on the extent 
of the injury. Anecdotal reports indicated that domestic violence 
against women was common; most victims of domestic violence kept 
silent, either because they were unaware of their rights or afraid of 
increased violence from husbands and relatives. There were a few court 
cases and occasional references to domestic violence in the media. One 
official women's group in Ashgabat, an independent NGO, and several 
informal groups in other regions assisted victims of domestic violence.
    Prostitution is illegal but remained a problem throughout the 
country. Authorities actively monitored prostitution but did not 
attempt to counter it. There is no law specifically prohibiting sexual 
harassment, and anecdotal reports suggested that sexual harassment 
existed in the workforce.
    Women had equal rights under family law and property law, and in 
the judicial system. In December 2007 the Mejlis approved a new law on 
women's rights after consultation with UNDP and other international 
partners. The Mejlis Committee on Human Rights and Liberties was 
responsible for drafting human rights and gender legislation, 
integrating a new gender program into the education curriculum, and 
publishing regular bulletins on national and international gender laws. 
By law women are on equal footing with men in all spheres, including 
wages, loans, starting businesses, and working in government. However, 
women continued to experience discrimination in practice due to 
cultural biases. Employers allegedly gave preference to men to avoid 
productivity losses due to pregnancy or child care. Women were 
underrepresented in the upper levels of government-owned economic 
enterprises and were concentrated in health care, education, and 
service professions. The Government restricted women from working in 
some dangerous and environmentally unsafe jobs.
    The Government did not acknowledge or address discrimination 
against women.

    Children.--The Government took modest steps to address the welfare 
of children, including increased cooperation with the UN Children's 
Fund (UNICEF) and other international organizations on programs 
designed to improve children's health, and reinstatement in 2007 of the 
10th year of mandatory schooling.
    In 2007 the Government initiated reforms in the higher education 
system, including extending university education to five years from two 
years under Niyazov and removal of the requirement that university 
students work for two years before embarking on a degree program. The 
Government eased its restrictions for students wishing to study abroad, 
but significant bureaucratic hurdles remained and students had to pass 
a Turkmen language exam to obtain approval to study in some countries.
    There were isolated reports of child abuse.
    According to a 2006 UNICEF report, 9 percent of marriages involved 
minors.

    Trafficking in Persons.--In December 2007 parliament passed a 
comprehensive law prohibiting all forms of trafficking in persons. 
There were some reports that persons were trafficked to, from, and 
within the country.
    Available information is insufficient to substantiate a specific 
number of victims in the country. There were reportedly approximately 
20 trafficking cases during the year. Approximately 80 percent of the 
cases involved young women trafficked for sexual exploitation, and the 
other 20 percent involved men trafficked to work as laborers or in 
factories. Most of the persons were trafficked to Turkey. During the 
year the Government continued to use the 2005 migration law to forbid 
suspected female trafficking victims from boarding planes to Turkey and 
the United Arab Emirates, considered the primary trafficking 
destination countries. Iran was also assumed to be a trafficking 
destination. NGOs noted that young women from minority ethnic groups 
were most vulnerable to being trafficked.
    The International Organization for Migration assisted 20 trafficked 
persons with repatriation from Turkey in 2007. Traffickers were subject 
to two to eight years' imprisonment and the confiscation of property, 
depending upon the law under which they were convicted. During the year 
the State Migration Service became responsible for combating 
trafficking.
    The MOJ worked with foreign embassies and international 
organizations to promote public awareness of trafficking. Some social 
action groups carried out trafficking awareness programs in the 
provinces. However, the Government did not publicly acknowledge 
trafficking as a problem and did not monitor the trafficking situation 
within its borders, nor did it have a strategy to do so. The Government 
did not systematically screen vulnerable population groups to identify 
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 physical and mental disabilities in employment, 
education, access to health care, and other state services; however, in 
practice disabled persons are regularly denied work, education, and 
access to health care and other state services because of strong 
cultural biases. Persons with disabilities encountered discrimination 
in employment, education, access to health care, and provision of other 
state services. The Government systematically categorized many persons 
with physical disabilities as persons with mental disabilities and 
housed them in facilities for the mentally ill. The Government provided 
subsidies and pensions for persons with disabilities, although the 
assistance was inadequate to maintain a decent standard of living. 
Persons with disabilities who received these subsidies were considered 
``employed'' and therefore ineligible to compete for jobs in the 
Government, the country's largest employer.
    Some groups of students with disabilities were unable to obtain 
education because there were no teachers. Students with disabilities 
did not fit the unofficial university student profile and were not 
admitted to universities. Children with disabilities, including those 
with mental disabilities, were placed in boarding schools through which 
they were to be provided with educational and future employment 
opportunities if their condition allowed them to work; in practice 
neither was provided. Special schools for the hearing and sight 
impaired existed in the larger cities.
    Although the law requires that new construction projects include 
facilities to allow access by persons with disabilities, compliance was 
inconsistent and older buildings were not accessible. The Ministry of 
Social Welfare was responsible for protecting the rights of persons 
with disabilities.

    National/Racial/Ethnic Minorities.--The law provides for equal 
rights and freedoms for all citizens. Several minority groups tried to 
register as NGOs to have legal status to conduct cultural events. No 
minority groups succeeded in registering during the year.
    The law designates Turkmen as the official language, although it 
also provides for the rights of speakers of minority languages. Russian 
remained prevalent in commerce and everyday life in the capital, even 
as the Government continued its campaign to conduct official business 
solely in Turkmen. The Government required ministry employees to pass 
tests demonstrating knowledge of the Ruhnama, state symbols, and 
professional subjects in Turkmen; employees who failed the exam were 
dismissed. The Government systematically replaced teachers and staff at 
Turkish schools with ethnic Turkmen. Only in schools did the Government 
dedicate resources toward providing Turkmen language instruction for 
non-Turkmen speakers.
    Non-Turkmen speakers complained that some avenues for promotion and 
job advancement were closed to them, and only a handful of non-Turkmen 
occupied high-level jobs in government ministries. In some cases 
applicants for government jobs had to provide ethnicity information for 
three generations. The Government often first targeted non-Turkmen for 
dismissal when government layoffs occurred.

    Other Societal Abuses and Discrimination.--Homosexuality between 
men is illegal and punishable by up to two years in prison.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for citizens to join 
independent unions, but in practice all existing trade and professional 
unions were government-controlled. Private citizens are not permitted 
to form independent unions.
    The Government permitted only the umbrella organization Center for 
Professional Unions (CPU). Led by a Presidential appointee, the CPU 
included numerous professional unions in most fields, including 
medicine, construction, banking, accounting, economics, 
entrepreneurship, and lease-holding. All unions were government 
appendages and had no independent voice in their activities. There is 
no law regulating strikes or retaliation against strikers, and strikes 
were rare. In early June Deutsche Welle radio reported an unruly 
protest at an oil facility near Balkanabat. The protest, seeking higher 
wages to make up for exchange rate changes that devalued the dollar, 
was short-lived, and the MNB arrested approximately 60 employees.

    b. The Right to Organize and Bargain Collectively.--The law does 
not protect the right of collective bargaining.
    The law does not prohibit antiunion discrimination by employers 
against union members and organizers. There were no mechanisms for 
resolving complaints of discrimination, and there were no reports 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; however, there were 
reports such practices occurred.
    A 2005 Presidential decree bans child labor and states that no 
children would participate in the cotton harvest. During the year, the 
Government reportedly implemented this policy.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, but they were not effectively enforced. The minimum age 
for employment of children is 16 years; in a few heavy industries, it 
is 18 years. The law prohibits children between the ages of 16 and 18 
years from working more than six hours per day. A 15-year-old may work 
four to six hours per day with parental and trade union permission, 
although such permission was rarely granted. The MOJ and the Prosecutor 
General's Office were responsible for enforcing child labor laws.

    e. Acceptable Conditions of Work.--The state sector minimum monthly 
wage of 1.65 million manat (approximately $116) did not provide a 
decent standard of living for a worker and family. The Government 
increased teachers' salaries by 40 percent at the beginning of the 2007 
school year, however, and reduced their weekly hours of work from 35 to 
24.
    The standard legal work week is 40 hours with two days off. Most 
public sector employees also worked at least one-half day on Saturdays. 
The law states overtime or holiday pay should be double the regular 
payment. Maximum overtime in a year is 120 hours and cannot exceed four 
hours in two consecutive days; however, this law was not enforced.
    The Government did not set comprehensive standards for occupational 
health and safety. Industrial workers in older factories often labored 
in unsafe environments and were not provided proper protective 
equipment. Some agricultural workers were subjected to environmental 
health hazards. Workers did not always have the right to remove 
themselves from work situations that endangered their health or safety 
without jeopardy to their continued employment.

                               __________

                               UZBEKISTAN

    Uzbekistan is an authoritarian state with a population of 
approximately 28.2 million. The constitution provides for a 
Presidential system with separation of powers between the executive, 
legislative, and judicial branches. In practice, however, President 
Islam Karimov and the centralized executive branch dominated political 
life and exercised nearly complete control over the other branches. The 
two-chamber Oliy Majlis (parliament) consisted almost entirely of 
officials appointed by the President and members of parties that 
supported him. In December 2007 the country elected President Karimov 
to a third term in office; however, according to the limited observer 
mission from the Organization for Security and Cooperation in Europe 
(OSCE), the Government deprived voters of a genuine choice. Civilian 
authorities generally maintained effective control over the security 
forces.
    Citizens did not have the right in practice to change their 
government through peaceful and democratic means. Reports continued of 
security forces torturing, beating, and otherwise mistreating detainees 
under interrogation to obtain confessions or incriminating information. 
Human rights activists and journalists who criticized the Government 
were subject to harassment, arbitrary arrest, politically motivated 
prosecution, forced psychiatric treatment, and physical attack. The 
Government generally did not take steps to investigate or punish the 
most egregious cases of abuse, although it prosecuted many officials 
for corruption and prosecuted at least a few for more serious offenses, 
including killings, and undertook legal reforms aimed at preventing 
abuses. Despite some improvements, prison conditions remained poor. 
Outside monitors regained access to places of detention. In many cases 
those arrested were held incommunicado for extended periods without 
access to family or attorneys. Criminal defendants were sometimes 
deprived of legal counsel. Guilty verdicts were almost universal and 
generally based upon defendants' confessions and witnesses' testimony 
obtained through coercion. The Government tightly controlled the mass 
media and suppressed any criticism. The Government did not observe 
citizens' right to free assembly or association. Police regularly 
detained citizens to prevent public demonstrations and forestalled 
contact with foreign diplomats. Authorities sought to control 
nongovernmental organization (NGO) activity. The Government made access 
for international observers at trials difficult, although it allowed 
foreign diplomats to attend some hearings. The Government restricted 
religious activity, treating virtually all religious observance outside 
state-sanctioned structures as a crime. The Government's campaign 
against unauthorized Islamic groups suspected of extremist sentiments 
or activities appeared to have slowed, but some alleged members 
continued to be arrested and sentenced to lengthy jail terms. The 
Government also harassed several religious minority groups and 
imprisoned some of their members. The Government pressured other 
countries to return forcibly Uzbek refugees who were under the 
protection of the Office of the UN High Commissioner for Refugees 
(UNHCR) and continued to pressure Afghan refugees to return home. There 
was a widespread public perception of corruption. While the Government 
took continued steps to combat trafficking in persons, it remained a 
problem. The use of child labor in cotton harvesting continued in 
several regions of the country.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
confirmed reports of political killings by the Government or its 
agents.
    The Government continued to refuse to authorize an independent 
international investigation of the alleged killing of numerous unarmed 
civilians and others during the violent disturbances of May 12 and 13, 
2005. Peaceful demonstrators had assembled in front of Andijon's 
courthouse in the weeks before in support of 23 local Islamic 
businessmen on trial, charged by the Government with involvement in an 
extremist group. On the evening of May 12, an unknown number of 
individuals attacked a police garrison, seized weapons, broke into a 
nearby prison, and released several hundred inmates, including the 23 
businessmen. Several witnesses claimed that, on May 13, military 
vehicles drove into the main square, where several thousand civilians 
had gathered peacefully, and fired repeatedly into the crowd without 
warning. The Government claimed, based on its own 2005 investigation, 
that armed individuals initiated the violence by firing on government 
forces. The estimated number of dead varied between the Government's 
total of 187 and eyewitnesses' reports of several hundred. While an 
international investigation did not take place, the Government claimed 
to have conducted internal investigations into the May 2005 events. It 
discussed investigation techniques and results with diplomats and other 
international representatives in 2006 and 2007.
    Human rights activists claimed the number of deaths in custody was 
higher than reported, but this could not be measured accurately due to 
the lack of comprehensive independent prison monitoring.

    b. Disappearance.--There were no reports during the year of 
politically motivated disappearances. There were still numerous 
unconfirmed reports of disappearances in 2005 of persons who were 
present at the violent disturbances in Andijon. The welfare and 
whereabouts of several of the refugees who were forcibly returned to 
the country during the year remained unknown.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such practices, 
law enforcement and security officers routinely beat and otherwise 
mistreated detainees to obtain confessions or incriminating 
information. Torture and abuse were common in prisons, pretrial 
facilities, and local police and security service precincts. Informants 
reported several cases of medical abuse, including forced psychiatric 
treatment.
    November 2007 reports by Human Rights Watch (HRW) and the UN 
Committee Against Torture (CAT) concluded that torture and abuse were 
systemic throughout the investigative process and had not improved 
since a 2003 UN Special Rapporteur on torture report drew the same 
conclusions. The CAT report stated that despite an amendment to Article 
235 of the criminal code addressing elements of the definition of 
torture, punishment for violations was rare and did not reflect the 
severity of the crimes.
    Authorities occasionally convicted and punished Ministry of 
Internal Affairs (MOI) officials for wrongdoing. During the year a 
court in Tashkent Province ordered the reinvestigation of a murder case 
after dismissing the coerced confessions of five suspects. Charges 
against the five original suspects were later dropped, and a court 
convicted the deputy chief of police in Angren of suppression of 
evidence. In September a court in the Mubarek district of Kashkadarya 
province reportedly sentenced an MOI official to 23 years' imprisonment 
for murder and robbery. In November a court in Tashkent convicted six 
former police officers of kidnapping a local businessman and sentenced 
them each to 16 years' imprisonment. On December 12, the Tashkent 
provincial Criminal Court sentenced four police officers to between 
eight and 17 years' imprisonment for beating to death Angren resident 
Muzaffar Tuychiev. Authoritiesfired more than 10 police officers after 
the incident, including the heads of theAngren police department and 
its investigation unit. The MOI reported on its Web site that 1,622 
police officers were disciplined for abuse of power during the year and 
185 of them were fired.
    Authorities reportedly treated more harshly than ordinary criminals 
some individuals suspected of extreme Islamist political sympathies, 
notably pretrial detainees who were alleged members of banned extremist 
political organization Hizb ut-Tahrir (HT). Local human rights workers 
reported that authorities often paid or otherwise induced common 
criminals to beat suspected extremists and others who opposed the 
Government.
    On May 4, prisoner Odil Azizov died in a prison hospital in 
Tashkent after being transferred from Jaslyk prison in Karakalpakstan. 
His family reported that his body showed signs of torture, including 
bruising on his chest and swollen feet. Accounts differed whether 
Azizov died of torture or bronchitis due to the harsh winter 
conditions. Azizov was serving a 15-year sentence on charges of 
religious extremism.
    On July 14, a police investigator reportedly poured boiling water 
on human rights activist Akzam Turgunov's back while he was in pretrial 
detention in an attempt to elicit a confession. Authorities detained 
Turgunov, a lawyer who had investigated local rule of law and 
corruption cases, on extortion charges on July 11 in the town of Mangit 
in Karakalpakstan. Human rights activists suspected that the charges 
against him were politically motivated. The judge suspended Turgunov's 
trial pending an investigation of the boiling water incident, but later 
said the investigation showed that Turgunov had not been tortured. The 
court convicted Turgunov on October 23 and sentenced him to 10 years in 
prison. On December 11, the Karakalpakstan Supreme Court rejected 
Turgunov's appeal of his conviction. Authorities reprimanded and 
demoted the police investigator for violating the MOI's instructions 
for ``protecting and escorting suspects,'' though they also denied that 
any investigator poured boiling water on Turgunov.
    There were confirmed instances of politically motivated medical 
abuse. Victims could request through legal counsel that their cases be 
reviewed by an expert medical board. In practice, however, such bodies 
generally supported the decisions of law enforcement authorities.
    Jamshid Karimov, a journalist, human rights activist, and nephew of 
President Karimov, has remained under forcible detention at Samarkand 
Psychiatric Hospital since 2006. The Government released him for five 
days this year to attend his mother's funeral. The condition of his 
health was unknown, as independent monitors had no access to him.
    There were no updates in the cases of Fitrat Salkhiddinov, Takhir 
Nurmukhammedov, and two other unnamed prisoners, all of whom were 
convicted of membership in HT and reportedly died after being tortured 
in prison in November and December 2007.
    In September relatives reported that Ezgulik human rights group 
member Abdurasul Khudoynazarov, who was sentenced to nine years' 
imprisonment in 2005 on politically motivated charges of blackmail and 
fraud, reportedly attempted suicide at prison 64/1 in Angren after 
enduring frequent harassment at the hands of prison guards. At year's 
end his condition was reportedly stable.
    Family members of Azam Farmonov reported in September that 
authorities charged him with violating internal prison regulations, 
making him ineligible for consideration for amnesty. In November 
relatives of Alisher Karamatov reported that he was seriously ill with 
tuberculosis he had contracted while in prison, and had been 
transferred from prison 64/49 in Qarshi to the Sangorod prison hospital 
in Tashkent for treatment. On December 25, a court in Syrdarya province 
rejected an appeal submitted by his lawyer to release Karamatov on 
medical grounds.
    On November 3, relatives reported that the health of human rights 
activist Norboy Kholjigitov, who was sentenced to ten years' 
imprisonment on politically motivated charges in 2005, was 
deteriorating at prison 64/49 in Qarshi. Kholjigitov, who is in his 
sixties, reportedly suffers from diabetes and high blood pressure.

    Prison and Detention Center Conditions.--According to prison 
officials, the Government held approximately 34,000 inmates at 53 
detention facilities. Prison conditions remained poor and in some cases 
life threatening. There continued to be reports of severe abuse, 
overcrowding, and shortages of food and medicine. Tuberculosis (TB) and 
hepatitis were endemic in the prisons, making even short periods of 
incarceration potentially life-threatening. Prison officials stated 
that approximately 1,000 inmates were infected with TB. This number 
could not be confirmed by international health and other organizations. 
Family members frequently reported that officials stole food and 
medicine that they tried to deliver to prisoners. There were reports of 
inmates working in harsh circumstances. Still, several knowledgeable 
sources reported that authorities had made some progress in the past 
two years in improving prison conditions, notably in combating the 
spread of TB.
    Sources reported that authorities in some prisons continued to hold 
political prisoners and those convicted of membership in banned 
religious extremist organizations in specially demarcated sections of 
prisons and subjected these prisoners to harsher conditions and 
treatment than other prisoners. However, there were reports that 
authorities at several prisons across the country reintegrated 
religious prisoners with the mainstream population. There were reports 
that authorities did not release prisoners, especially those convicted 
of religious extremism, at the end of their terms. Instead, prison 
authorities frequently contrived to extend inmates' terms by accusing 
them of additional crimes or claiming that the prisoners represent a 
continuing danger to society. These accusations were not subject to 
judicial review.
    Following long negotiations with the Government, on March 11, the 
International Committee of the Red Cross (ICRC) resumed visits to 
detention facilities under the responsibility of the GUIN (penitentiary 
system under the authority of the Ministry of Internal Affairs) for a 
six-month trial period. Prison monitoring had been suspended since 
December 2004. The trial period ended in September, and the ICRC has 
since submitted a report with its conclusions and recommendations to 
the Government for its consideration. The Government also permitted 
representatives from the German Konrad Adenauer Foundation and the 
Bukhara-based Medical-Legal Center NGO to undertake limited monitoring 
visits to prisons this year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention. However, these practices 
continued to take place.

    Role of the Police and Security Apparatus.--The MOI controls the 
police, which are responsible for law enforcement and maintenance of 
order. The National Security Service (NSS), headed by a chairman who is 
answerable directly to the President, deals with a broad range of 
national security questions, including corruption, organized crime, and 
narcotics. Corruption among law enforcement personnel remained a 
problem. Police routinely and arbitrarily detained citizens to extort 
bribes. Impunity was a problem, and the Government rarely punished 
officials responsible for abuses. The MOI's main investigations 
directorate has procedures to investigate abuse internally and 
discipline officers accused of rights violations and has done so in a 
few cases. The MOI created a new human rights department that has taken 
positive actions in some police brutality cases. The human rights 
ombudsman's office, affiliated with the parliament, also has the power 
to investigate such cases. However, there was no independent body 
charged with investigating such allegations on a systematic basis.
    The MOI's main investigations directorate incorporated human rights 
training into officers' career development.
    In October a contingent of eight mid-level law enforcement officers 
from the Ministry of Internal Affairs and NSS participated in a two-
month leadership course at the International Law Enforcement Academy in 
Hungary that included human rights training.

    Arrest and Detention.--On January 1, habeas corpus-related 
amendments to criminal law went into effect. Under the new law all 
decisions to arrest accused individuals or suspects must be reviewed by 
a judge, and defendants have the right to legal counsel from the time 
of arrest. The amendments state that the judge conducting the arrest 
hearing is not allowed to sit on the panel of judges during the 
individual's trial and that detainees have the right to request a 
hearing with a judge to determine whether they should remain 
incarcerated or be released. The law requires that within 24 hours of a 
person being taken into custody the arresting authority notify a 
relative or close friend, and question the detainee, whether he is 
considered a suspect or accused. Suspects have the right to remain 
silent. Detention without formal charges is limited to 72 hours, 
although a prosecutor may extend it for an additional seven days, at 
which time the person must either be charged or released. In practice 
authorities continued to hold suspects after the allowable period 
through various means. There were several cases in which authorities 
detained individuals initially as witnesses and later falsely charged 
them with a crime. Concerns remained that the 72 hour period begins 
only once a suspect is brought to the police station, which could lead 
to abuse of the spirit of the law. Senior officials publicly 
acknowledged that the law is not perfect and expressed willingness to 
work with international organizations and experts to develop 
improvements.
    Once charges are filed, a suspect may be held in pretrial detention 
for up to three months during an investigation, and the law permits 
extension of that period at the discretion of the appropriate court 
upon a motion by the investigating authority. A prosecutor may release 
a prisoner on bond pending trial, although in practice authorities 
frequently ignored these legal protections. Those arrested and charged 
with a crime may be released without bail until trial on the condition 
that they provide assurance that they will appear at trial, and 
register each day at a local police station.
    A Supreme Court decree provides for a defendant's right to counsel 
from the moment of detention. In practice authorities often denied or 
delayed access to counsel and denied communication with their families. 
Investigators often pressured defendants to sign statements refusing 
the services of private attorneys whom family members had hired. In 
their place authorities appointed state attorneys who did not provide 
effective defense.
    On December 5, parliament adopted a new law on defense attorneys, 
which codifies defendants' right to remain silent, to call an attorney 
or relative after their arrest, and to meet with their lawyer whenever 
they wish. For the first time, the law specifies that witnesses in 
criminal cases may be represented by legal counsel. The law grants 
defense attorneys and attorneys defending witnesses the same procedural 
rights as prosecutors. The new law abolishes private defense attorney 
organizations, including the independent Association of Advocates of 
Uzbekistan and the Tashkent Bar Association, replacing them with a 
state-controlled Chamber of Lawyers. The law also requires that all 
defense attorneys become licensed members of the chamber. While the 
Government claimed that the provisions were aimed at improving the 
professionalism of defense attorneys, some critics contend that the 
measures were aimed at reducing their independence.
    There were reports that police arrested persons on false charges 
such as extortion or tax evasion as an intimidation tactic to prevent 
them or their family members from exposing corruption or interfering in 
local criminal activities.
    Authorities continued to arrest persons arbitrarily on charges of 
extremist sentiments or activities, or association with banned 
religious groups, although the number of such cases appeared to 
decline. Local human rights activists reported that police and security 
service officers, acting under pressure to break up HT cells, 
frequently detained and mistreated family members and close associates 
of suspected members. Coerced confessions and testimony in such cases 
were commonplace.
    Police harassed and sometimes arbitrarily detained members of the 
opposition Birlik, Free Farmers, Erk, and Birdamlik parties.
    During the year pretrial detention typically ranged from one to 
three months. Prison officials estimated that the Government held 
approximately 3,400 persons in pretrial detention at any one time.
    In general prosecutors exercised discretion over most aspects of 
criminal procedure, including pretrial detention. Detainees had no 
access to a court to challenge the length or validity of pretrial 
detention. Even when no charges were filed, police and prosecutors 
sought to evade restrictions on the duration a person could be held 
without charges by holding persons as witnesses rather than as 
suspects.
    In November Supreme Court Chairman Boritosh Mustafoyev reported 
that the Government was promoting arbitration and ``out-of-court 
settlements'' to resolve criminal cases, especially those involving 
minors, women, and the elderly.
    Local police regularly employed house arrest to stifle dissent. In 
most cases police surrounded the homes of human rights activists and 
government critics to prevent them from participating in public 
demonstrations or other activities.
    Legislation abolishing the death penalty took effect on January 1 
and replaced it with prison terms ranging from 20 years to life. The 
legislation contains a provision mandating that prisoners sentenced to 
life must serve 20 years before petitioning for release and limits 
lifetime imprisonment to those convicted of premeditated murder and 
terrorism. Between January and April the Supreme Court reviewed more 
than 40 death penalty cases, commuting approximately 12 sentences to 
life imprisonment and the remainder to 25 years' imprisonment. Human 
rights activists criticized the lack of transparency in the Supreme 
Court's review of the cases. There were no known executions during the 
year. On December 12, President Karimov signed legislation on joining 
the Second Optional Protocol to the International Covenant on Civil and 
Political Rights on Abolishing the Death Penalty.

    Amnesty.--On January 2, President Karimov issued a Presidential 
amnesty in honor of the 15th anniversary of the constitution. Prison 
authorities reportedly released approximately 3,500 individuals under 
the amnesty and reduced the sentences of a much larger (but 
indeterminate) number of individuals.
    On February 2, the Government amnestied and released Ikhtiyor 
Hamroyev, the son of well-known human rights defender Bakhtiyor 
Hamroyev and a member of the Human Rights Society of Uzbekistan (HRSU). 
Authorities had sentenced Hamroyev to three years' imprisonment in 2006 
on politically-motivated charges of hooliganism. On February 2, the 
Government also amnestied and released Andijon-based human rights 
activist Saidjahon Zaynabiddinov, who was sentenced to seven years' 
imprisonment in 2006 by the Tashkent Province Criminal Court for 
extremist activity in connection with the 2005 Andijon events.
    On February 4-5, the Government amnestied and released three 
political prisoners: Bahodir Mukhtarov, Bobomurod Mavlanov, and Ulugbek 
Kattabekov. In February the Government also amnestied and lifted the 
three-year suspended sentence of former HRW staffer and journalist 
Umida Niyazova and the six-year suspended sentence of Andijon-based 
human rights activist and forensic pathologist Gulbahor Turayeva.
    In honor of the country's Independence Day on September 1, the 
Government announced another general amnesty. According to state-
controlled media, those eligible under this amnesty included women, the 
disabled, foreigners, minors, men over the age of 60, and individuals 
who ``do not pose a danger to the public order.'' The Government has 
not released any official figures yet from the September amnesty, but 
it appears from reporting by local papers in the country's provinces 
that at least several hundred individuals were released by year's end. 
In October the Government amnestied and released two political 
prisoners, Dilmurod Mukhiddinov and Mamarajab Nazarov.
    As in previous amnesties, authorities reportedly forced prisoners 
to sign letters of repentance as a condition of release. There were 
allegations that authorities physically mistreated some prisoners who 
refused to sign such letters, and there were accounts of authorities 
not releasing many inmates, even after they had signed such letters. 
Local prison authorities had considerable discretion in determining who 
was reviewed for amnesty, despite established conditions allowing 
release. As in previous years, there were reports of corruption.

    e. Denial of Fair Public Trial.--While the constitution provides 
for an independent judiciary, the judicial branch took its direction 
from the executive branch, particularly the general prosecutor's 
office, and exercised little independence in practice.
    Under the law the President appoints all judges for five-year 
terms. Removal of Supreme Court judges must be confirmed by parliament, 
which in practice complies with the President's wishes.
    The Karakalpakstan Supreme Court has jurisdiction over the 
Karakalpakstan Autonomous Republic. Decisions of district and 
provincial courts may be appealed to the next level within 10 days of a 
ruling. In addition, a constitutional court reviews laws, decrees, and 
judicial decisions to ensure compliance with the constitution. Military 
courts handle all civil and criminal matters that occur within the 
military. The Supreme Court is a court of general jurisdiction that 
handles selected cases of national significance.

    Trial Procedures.--Most trials are officially open to the public, 
although access was sometimes restricted in practice. Trials may be 
closed in exceptional cases, such as those involving state secrets, or 
to protect victims and witnesses. Courts often demanded that 
international observers obtain written permission from the court 
chairman or from the Supreme Court. Permission was difficult and time-
consuming to obtain, but international observers, including foreign 
diplomats, were granted access to some hearings.
    Authorities generally announced trials, including those of alleged 
religious extremists, only at the court in which the trial was to take 
place and only a day or two before the trial began.
    Generally, a panel of one professional judge and two lay assessors, 
selected either by committees of worker collectives or neighborhood 
committees, presided over trials. The lay judges rarely spoke, and the 
professional judge usually deferred to the recommendations of the 
prosecutor on legal and other matters. There are no jury trials.
    Defendants have the right to attend court proceedings, confront 
witnesses, and present evidence. These rights were generally observed, 
including in high-profile human rights and political cases. In the vast 
majority of criminal cases that prosecutors brought to court, however, 
the verdict was guilty. Defendants have the right to hire an attorney, 
and the Government provides legal counsel without charge when 
necessary. However, state-appointed defense attorneys routinely acted 
in the interest of the Government rather than of their clients. 
Authorities often violated the right to an attorney during pretrial 
detention, and judges in some cases denied defendants the right to an 
attorney of choice. There were several reports that investigators 
pressured defendants to refuse legal counsel. Defense counsel was often 
unqualified and, in some cases, the role of defense counsel was limited 
to submitting confessions and pleas for mercy.
    During the year the Government reportedly established a system of 
24-hour on-call defense attorneys, resulting in some improved access to 
qualified defense counsel for the accused. Several private law firms 
provided qualified pro bono defense counsel, some financed through 
international donors.
    Government prosecutors order arrests, direct investigations, 
prepare criminal cases, and recommend sentences. Defendants do not 
enjoy a presumption of innocence. If a judge's sentence does not 
correspond with the prosecutor's recommendation, the prosecutor has a 
right to appeal the sentence to a higher court. Verdicts are often 
based solely on confessions and witness testimony, which is often 
reportedly extracted through torture, threats to family members or 
other means of coercion. Legal protections against double jeopardy are 
not applied in practice.
    On February 7, human rights lawyer Rusluddin Khamilov met with his 
client, dissident poet Yusuf Jumaev. Prison officials observed the 
entire meeting despite the law's stipulation that defendants have the 
right to meet privately with their lawyers, threatened Khamilov, and 
confiscated a letter reportedly detailing abuses suffered by Jumaev in 
prison. On April 15, a Bukhara court found Jumaev guilty of 
discrediting government authorities, resisting arrest, and harming a 
police officer. The court sentenced Jumaev to five years in prison.
    The law provides a right of appeal to defendants. In political 
cases appeals did not result in convictions being reversed, but in some 
other cases appeals resulted in reduced or suspended sentences.
    Defense attorneys had limited access in some cases to government-
held evidence relevant to their clients' cases. However, in most cases 
prosecution was based solely upon defendants' confessions or 
incriminating testimony from state witnesses, particularly in cases 
involving suspected HT members. Lawyers may, and occasionally did, call 
on judges to reject confessions and to investigate claims of torture. 
Judges usually ignored such claims or dismissed them as groundless.

    Political Prisoners and Detainees.--The Government denied that 
there were any political prisoners, and it was impossible to determine 
the actual number of prisoners or detainees held on political grounds. 
Lists of political prisoners maintained by foreign embassies and 
international human rights organizations ranged from approximately 11 
to 23 individuals. While several political prisoners were released 
during the year, other individuals were imprisoned on politically 
motivated charges. Most persons convicted of political crimes were 
charged with the crime for which they were arrested, such as 
unconstitutional activity, involvement in illegal organizations, or 
preparation or distribution of material threatening public security. 
However, courts convicted several human rights activists and 
journalists on politically-motivated charges for crimes such as 
extortion and hooliganism. Unlike the previous year, the Government 
allowed independent monitoring groups-including the ICRC-to visit 
political prisoners or detainees.
    On May 8, the UN Working Group on Arbitrary Detention issued an 
opinion on the case of Erkin Musaev, a former Ministry of Defense 
official who was convicted on politically-motivated charges of 
corruption and espionage in three separate trials in 2006 and 2007. The 
opinion noted serious irregularities during Musaev's trial and 
concluded that his continued detention was arbitrary and contravened 
several articles of the Universal Declaration of Human Rights and the 
International Covenant on Civil and Political Rights. The Government 
has not yet responded to the Working Group's opinion, despite requests 
to do so.
    In September authorities granted human rights activist Mutabar 
Tojiboyeva an exit visa to receive medical treatment abroad for an 
unspecified condition. On June 2, the Government released Tojiboyeva 
from prison on health grounds but did not amnesty her; she remained 
subject to the terms of a three-year suspended sentence, which included 
travel restrictions. In 2006 a court sentenced her to eight years in 
prison on politically motivated charges.
    Family members of Sanjar Umarov, a cofounder of the opposition 
Sunshine Coalition sentenced to 10 years' imprisonment in 2006 on 
politically motivated charges of tax evasion and illegal commodities 
trading, reported that his health deteriorated sharply during the year 
and that his body showed signs of mistreatment. The family also 
reported difficulties locating Umarov, whom authorities transferred 
from a prison in Navoi region to the Tavaksay prison in Tashkent 
region. Credible reports indicate that the Government has begun to take 
some steps to address Umarov's poor health.
    Civil courts operate on the city or district level, as well as the 
interdistrict and provincial levels. Criminal courts operate on the 
city or district level. There are also supreme civil courts with 
jurisdiction over the Karakalpakstan Autonomous Republic.
    Economic courts with jurisdiction over the individual provinces, 
the City of Tashkent, and the Karakalpakstan Autonomous Republic handle 
commercial disputes between legal entities. Decisions of these courts 
may be appealed to the Supreme Economic Court.

    Civil and Judicial Procedures and Remedies.--Although the 
constitution provides for it, the judiciary is not independent or 
impartial in civil matters. Citizens may file suit in civil courts, if 
appropriate, on cases of alleged human rights violations. There were 
reported cases in which courts decided in favor of plaintiffs in such 
cases. However, there were also many reports that bribes to judges 
influenced decisions in civil court cases.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit arbitrary 
interference with privacy, family, home, or correspondence; however, in 
practice authorities did not respect these prohibitions. The law 
requires a search warrant for electronic surveillance by the 
prosecutor, but there is no provision for a judicial review of such 
warrants. Citizens generally assumed that security agencies routinely 
monitored telephone calls and employed surveillance and wiretaps of 
persons involved in opposition political activities.
    There were numerous reports during the year of police and other 
security forces entering homes of human rights activists and religious 
figures without a warrant authorization from a representative of an 
independent judiciary. Members of Protestant churches who held worship 
services in private homes reported that on numerous occasions armed 
security officers raided worship services and detained church members 
on suspicion of illegal religious activity. During the year there were 
reports of government authorities harassing Andijon refugees' relatives 
who remained in Uzbekistan.
    The Government continued to use an estimated 12,000 local mahalla 
committees as a source of information on potential extremists. 
Committees served varied social support functions, but they also 
functioned as a link among local society, government, and law 
enforcement. Mahalla committees in rural areas tended to be much more 
influential than those in cities. Each committee assigned a ``posbon'' 
(neighborhood guardian) whose job was to ensure public order and 
maintain a proper moral climate in the neighborhood. Neighborhood 
committees also frequently identified for police those residents who 
appeared suspicious and, working with local MOI and NSS 
representatives, reportedly paid particular attention to recently 
amnestied prisoners and the families of individuals jailed for alleged 
extremism. During the year there were also several reports that 
neighborhood committees, on orders from the NSS, monitored individual 
religious practices and discouraged residents from associating with 
unregistered Christian churches.
    There were credible reports that police, employers, and 
neighborhood committees harassed family members of human rights 
activists.
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, but the Government generally did 
not respect these rights in practice, and freedom of expression was 
severely curtailed.
    The law limits criticism of the President, and public insult to the 
President is a crime punishable by up to five years in prison. The law 
specifically prohibits articles that incite religious confrontation and 
ethnic discord or advocate subverting or overthrowing the 
constitutional order.
    A January 2007 law holds all foreign and domestic media 
organizations accountable for the ``objectivity'' of their reporting, 
bans foreign journalists from working in the country without official 
accreditation, and requires that foreign media outlets operating in the 
country be subject to mass media laws. It also prohibits the promotion 
of religious extremism, separatism, and fundamentalism, as well as the 
instigation of ethnic and religious hatred. It bars legal entities with 
more than 30 percent foreign ownership from establishing media outlets 
in the country.
    During the year police reportedly arrested some individuals for 
possessing literature of the banned religious extremist, anti-Semitic, 
and anti-Western group HT.
    The Uzbekistan National News Agency (UzA) is charged with 
cooperating closely with Presidential staff to prepare and distribute 
all officially sanctioned news and information. In November UzA 
reported that over 1,100 newspapers, magazines, news agencies, 
electronic media outlets, and Web sites have been registered with the 
Uzbek Agency for Press and Information, which is responsible for 
monitoring all media. The Cabinet of Ministers owns and controls three 
of the country's most influential national daily newspapers, Pravda 
Vostoka (Russian language), Halq So'zi (Uzbek language), and Narodnoe 
Slovo (Russian language). The Government, or government-controlled 
political parties or social movements, and the Tashkent municipal 
government and regional ``hokimiyats'' (administrations), owns or 
controls several other daily and weekly publications. Articles in 
state-controlled newspapers reflected the Government's viewpoint. The 
main government newspaper published selected international wire 
stories.
    The Government also published news stories on official Internet 
sites including UzA.uz, operated by the National News Agency of 
Uzbekistan, and Jahon.mfa.uz, operated by the Ministry of Foreign 
Affairs (MFA). A few Web sites, most notably Press-uz.info, Gazeta.uz, 
and C-Asia.org, purported to be independent, yet their reporting 
reflected the Government's viewpoint. In mid-May Sawda Press, an 
independent newspaper in Karakalpakstan, resumed publication after a 
government-ordered suspension in March 2007 due to alleged violations 
of its own charter.
    There are 1,300 printing houses in the country. government-owned 
printing houses printed the majority of newspapers. The Government 
allowed publication of a few private newspapers with limited 
circulation containing advertising, horoscopes, and similar features 
and some substantive local news, including stories critical of 
government socio-economic policies. Three private national Russian-
language newspapers-Novosti Uzbekistana, Noviy Vek, and Biznes Vestnik 
Vostoka-carried news and editorials favorable to the Government, as did 
two Uzbek-language newspapers, Hurriyat (owned by the Journalists' 
Association) and Mohiyat (owned by Turkiston-Press, a nongovernmental 
information agency loyal to the state). Russian newspapers and a 
variety of Russian tabloids and lifestyle publications were available, 
and a modest selection of foreign periodicals was available in 
Tashkent.
    The four state-run channels, all fully supporting the Government, 
dominated television broadcasting. There were 24 privately owned 
regional television stations and 14 privately owned radio stations. The 
Government tightly controlled broadcast and print media. Journalists 
and senior editorial staff in state media organizations reported that 
there were officials whose responsibilities included actual black-pen 
censorship. Government officials also have allegedly given verbal 
directives not to cover certain events sponsored by foreign embassies. 
Nevertheless, there were also reports that regional television media 
outlets were able to broadcast some moderately critical stories on 
local issues.
    In October government officials participated in a Tashkent 
conference on media freedom sponsored by the European Union (EU), part 
of an annual discussion of human rights issues. Although credible human 
rights organizations from abroad participated and strongly criticized 
the Government, authorities refused to allow local independent 
journalists and human rights activists to participate in the event. The 
EU tried to hold a similar event in June, but the Government did not 
allow international human rights organizations or domestic independent 
journalists to participate.
    The Government continued to refuse Radio Free Europe/Radio Liberty 
(RFE/RL) and BBC World Service permission to broadcast from within the 
country. It also refused to accredit foreign journalists for those or 
other Western media. In July the Government denied accreditation to 
several longtime local stringers for Western new agencies, forcing them 
to seek work outside the country. A stringer for Agence France-Presse 
(AFP) remained accredited in Uzbekistan, as did reporters from Russian, 
Chinese, and other international news agencies.
    In June state television aired an hour-long program that attacked 
RFE/RL reporters and denounced them as traitors. The program singled 
out nine RFE/RL journalists by name and released personal information 
about them and their extended families, including their home addresses 
and places of work.
    Harassment against journalists continued during the year. Police 
and security services subjected print and broadcast journalists to 
arrest, harassment, intimidation, and violence, as well as bureaucratic 
restrictions on their activity.
    On August 5, a group of women in Samarkand allegedly attacked two 
journalists of the Ovozi Tojik (Tajik Voice) newspaper, Pardakul 
Turakulov and Zokir Hasan-zade, and human rights activist Komil 
Ashurov, as the three were investigating complaints about the 
reconstruction of the city's Siab market. Despite being the alleged 
victims, police launched a criminal case on hooliganism charges against 
the three. At year's end, the criminal investigation against them was 
ongoing.
    On October 10, a court convicted independent journalist Salijon 
Abdurahmanov in Nukus, Karakalpakstan, of possessing narcotics with 
intent to distribute and sentenced him to 10 years' imprisonment. On 
November 19, Abdurakhmanov's appeal of his sentence was rejected 
without explanation. On June 7, government authorities detained 
Abdurahmanov after allegedly discovering drugs during a search of his 
vehicle. Abdurahmanov's arrest came soon after an increase in critical 
reporting on Karakalpak corruption and human rights abuses on 
uznews.net and in Western newspapers. Human rights activists claimed 
the drugs were planted and the charges were politically motivated.
    During the year there were reports that the Government harassed 
journalists from state-run media outlets in retaliation for their 
contacts with foreign diplomats. Some journalists lost their jobs after 
traveling to Europe on foreign-embassy-sponsored professional exchange 
programs, while others reported increased scrutiny after returning from 
such international exchange programs. While pressure from the 
Government continued, more journalists were able to participate this 
year at foreign embassy events in Tashkent.
    The National Association of Electronic Mass Media (NAESMI) 
reportedly used its directors' close relations with the Government to 
persuade local television stations to join the association and 
occasionally broadcast prescribed government-produced programming. The 
Government subjected stations that resisted joining NAESMI to tax 
inspections and, in some cases, forfeiture of broadcast licenses.
    Government security services and other offices regularly gave 
publishers articles and letters to publish under fictitious bylines, as 
well as explicit instructions about the types of stories permitted for 
publication. Often there was little distinction between the editorial 
content of a government or privately owned newspaper. There was little 
independent investigative reporting. The number of critical newspaper 
articles remained low and their scope narrow. In contrast to previous 
years, however, state-controlled media outlets in the past year ran 
numerous programs and articles regarding human trafficking, with 
several of them admitting that it was a problem and warning citizens 
not to become victims.
    Provisions of the criminal and administrative codes impose 
significant fines for libel and defamation. The Government used charges 
of libel, slander, and defamation to punish journalists, human rights 
activists, and others who criticized the President or government.

    Internet Freedom.--The Government allowed access to the Internet 
and reported in November that the number of Internet users in the 
country is rising and has reached more than 2 million. However, 
Internet service providers, at the Government's request, routinely 
blocked access to Web sites the Government considered objectionable. 
The Government blocked several domestic and international news Web 
sites and those operated by opposition political parties; some remained 
available through proxy servers, while a few remained unblocked.
    January 2007 amendments to the media law define Web sites as media 
outlets, so they fall under legislation requiring all local and foreign 
media to register with the authorities and to inform them of the names 
of their founder, chief editor, and staff members. They also must 
provide the authorities with copies of each publication. According to 
local journalists, since the amended law came into force, Internet 
providers started blocking access to blogs that discuss any aspect of 
the country.
    In 2006 the Cabinet of Ministers passed a decree requiring that all 
Web sites seeking a ``.uz'' domain register with the state Agency for 
Press and Information. The decree generally affected only government-
owned or government-controlled Web sites. Opposition Web sites and 
those operated by international NGOs or media outlets tended to have 
domain names registered outside the country.
    In January the Government ceased blocking the Web sites of 
ZdravPlus, the National Democratic Institute, the Open Dialogue 
Project, Bearing Point, and other organizations. In September the 
Government ceased blocking the Internet video Web site youtube.com.

    Academic Freedom and Cultural Events.--The Government continued to 
limit academic freedom, although it appeared more open to interaction 
with foreign institutions than in the past. Authorities sometimes 
required department head approval for university lectures or lecture 
notes, and university professors generally practiced self-censorship. 
Numerous university students reported that universities taught 
mandatory courses on ``Karimov studies'' devoted to books and speeches 
by the President and that missing any of these seminars constituted 
grounds for expulsion. Although a decree prohibited cooperation between 
higher educational institutions and foreign entities without explicit 
prior approval by the Government, foreign institutions were often able 
to obtain such approval by working with the MFA, especially for foreign 
language projects. Some school and university administrations continued 
to pressure teachers and students not to participate in conferences 
sponsored by diplomatic missions. There were a few instances of 
individuals choosing not to participate in international exchange 
programs after being threatened with the loss of their jobs, but there 
were no reports of individuals losing their jobs after participating in 
such programs. There were fewer reports this year that government 
officials pressured local nationals to prevent them from participating 
in cultural events sponsored by foreign diplomatic missions.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
but in practice the Government often restricted this right. Authorities 
have the right to suspend or prohibit rallies, meetings, and 
demonstrations on security grounds. The Government did not routinely 
grant the required permits for demonstrations. Citizens are subject to 
large fines for facilitating unsanctioned rallies, meetings, or 
demonstrations by providing space or other facilities or materials, as 
well as for violating procedures concerning the organizing of meetings, 
rallies, and demonstrations.
    Authorities used a variety of tactics to prevent or stop peaceful 
protests. In February authorities in Jizzakh Province initiated a 
campaign of threats and pressure against human rights activist Saida 
Kurbanova, who staged protests in Jizzakh in January and February 
demanding a solution to regional heating and electricity problems.
    On March 13, approximately 20 individuals physically assaulted 
members of the Human Rights Alliance during the latter's weekly protest 
outside the general prosecutor's office in Tashkent. Police reportedly 
observed the assault but did not intervene. An unidentified group 
assaulted the activists again the following week. Authorities arrested 
the protesters when they summoned the police for assistance, and 
several reportedly received administrative fines for ``resisting 
arrest'' and ``disobeying a law enforcement officer.'' After the 
incidents, the Human Rights Alliance abandoned its weekly protest, 
which it had been holding since December 2007.
    In several other cases, however, human rights activists reported 
that local residents protested economic conditions, and human rights 
activists themselves occasionally held small protests, unmolested and 
apparently without prior permission of the authorities.

    Freedom of Association.--While the law provides for freedom of 
association, the Government continued to restrict this right in 
practice. The Government sought to control NGO activity, often citing 
the role played by internationally-funded NGOs in promoting so-called 
``color revolutions'' that allegedly toppled governments in other 
former Soviet states, as well as concerns about Islamic fundamentalist 
groups. The law broadly limits the types of groups that may form and 
requires that all organizations be registered formally with the 
Government. The law allows for a six-month grace period for new 
organizations to operate while awaiting registration, during which time 
they are classified officially as ``initiative groups.'' Several NGOs 
continued to function as initiative groups for periods longer than six 
months. The Government allowed nonpolitical associations and social 
organizations to register, but complicated rules and a cumbersome 
government bureaucracy made the process difficult and allowed many 
opportunities for government obstruction. The Government compelled most 
local NGOs to register with a government-controlled NGO association, 
the purpose of which was to control all funding and activities.
    On December 17, President Karimov signed legislation appropriating 
money for a 2.1 billion soum (approximately $1.5 million) government 
fund to support NGOs and other civil society institutions. The fund is 
to be managed by a parliamentary commission consisting of deputies of 
both houses, experts from relevant ministries and departments, and 
representatives from NGOs and the media. Some observers argued that the 
Government actions are aimed at increasing the dependence of NGOs upon 
the state. However, some sources have reported that independent 
organizations will be able to apply for funding. In January 2007 
President Karimov signed legislation guaranteeing certain rights and 
freedoms to NGOs, including the right to conduct ``any type of activity 
not prohibited by law and in line with the purposes set by their 
charters.'' The legislation also prohibits interfering with the 
activities of such organizations, provides for property rights and the 
rights of NGOs to ``to seek, receive, research, disseminate, use, and 
keep information in accordance with legislation.''
    The administrative liability code imposes large fines for 
violations of procedures governing NGO activity, as well as for 
``involving others'' in illegal NGOs. The law does not specify whether 
``illegal NGOs'' are those that were forcibly suspended or closed or 
those that were simply unregistered. The administrative code also 
imposes penalties against international NGOs for engaging in political 
activities, activities inconsistent with their charters, or activities 
not approved in advance by the Government. The Government enforced the 
2004 banking decree that, although ostensibly designed to combat money 
laundering, complicated efforts by registered and unregistered NGOs to 
receive outside funding. There were reports that individuals receiving 
money from organizations in other countries were required to identify 
the source and the reason for the money transfer to the bank.
    The law criminalizes membership in organizations the Government 
deems extremist, including Tabligh Jamoat and other groups branded with 
the general term ``Wahhabi.'' The law also banned the extremist 
Islamist political organization Hizb-ut Tahrir (HT) for promoting hate 
and praising acts of terrorism. Although HT maintained that it was 
committed to nonviolence, the party's virulently anti-Semitic and anti-
Western literature called for the overthrow of secular governments, 
including those in Central Asia, to be replaced with a worldwide 
Islamic government.
    The Government has pressured and prosecuted members of the Islamic 
group Akromiya (Akromiylar) since 1997. Independent religious experts 
claimed that Akromiya was an informal association promoting business 
along Islamic religious principles. The Government claimed that it was 
a branch of HT and that it attempted, together with the Islamic 
Movement of Uzbekistan, to overthrow the Government through armed 
rebellion in the 2005 Andijon demonstrations.
    In February government authorities registered the Friedrich Naumann 
Foundation, an NGO affiliated with Germany's Free Democratic Party that 
has engaged in human rights work in other countries. It joined two 
similar foundations affiliated with German political parties already 
registered and operating in the country.
    For the first time since the 2005 Andijon events, authorities 
registered two U.S.-based international NGOs. On July 4, the MOJ 
announced the formal registration of the NGO Institute for New 
Democracies (IND), permitting the organization to operate for an 
unlimited time. During the year IND held several workshops and 
trainings involving high-level government officials and international 
experts on religious freedom and on implementation of habeas corpus 
legislation. The government-supported Foundation for Regional Policy 
and Institute of Civil Society Studies, as well as the Ministry of 
Justice and Eastern Kentucky University, co-sponsored some events. IND 
also conducted regional trainings on the habeas corpus law in November 
in Nukus, Andijon, and Samarkand. IND had previously operated in the 
country without formal registration.
    On December 29, authorities registered the U.S.-based National 
Democratic Institute (NDI). While registration was pending, NDI's 
office in Tashkent had conducted trainings for political parties and 
others throughout the year.
    In July the Government banned the HRW country director, Igor 
Vorontsov, from re-entering the country. On May 8, the MOJ rejected his 
application for accreditation, forcing the departure of Vorontsov, who 
had only arrived on February 6. HRW retained its registration, but its 
office had been effectively closed since July 2007 when the Government 
refused to renew the accreditation of the last foreign staff member in 
the country at the time.
    On December 1, the MOJ re-registered the American Jewish Joint 
Distribution Committee (JDC), which distributes humanitarian aid to 
those in need. In April a Ministry official publicly accused the JDC of 
violating Uzbek law and threatened to de-register the organization.
    None of the 17 or more foreign-funded organizations closed 
temporarily or permanently by court decisions in 2006 and 2007 reopened 
during the year. A knowledgeable observer reported that the Government 
closed more than 300 local NGOs in the last four years. During the year 
at least eight local NGOs have closed, although it is unclear whether 
they voluntarily disbanded or were forced to close. There are at least 
300 independent NGOs remaining in Uzbekistan, as well as approximately 
290 government-controlled NGOs (``GONGOs'') and 240 sport and 
professional organizations.
    The Government followed a policy of auditing all international 
NGOs. Generally following an audit, the MOJ sent each audited NGO a 
letter outlining the violations discovered during the process, with a 
30-day time limit to resolve the violations.
    The Government insisted that NGOs coordinate their training 
sessions or seminars with government authorities. NGO managers believed 
this amounted to a requirement for prior official permission from the 
Government for all NGO program activities. NGOs under the auspices of 
the government-controlled Institute for the Study of Civil Society 
successfully conducted their events.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion and separation of church and state. In practice, however, the 
Government and laws restricted religious activity, especially for 
unregistered groups.
    The Government sought to promote what it considered a moderate 
version of Islam through the control and financing of the Muftiate, 
which in turn controlled the Islamic hierarchy and the content of 
imams' sermons, and published Islamic materials. The Committee for 
Religious Affairs (CRA), under the Cabinet of Ministers, oversaw 
registered religious activity and approved all religious literature. 
The Government allowed a small number of unofficial, independent 
mosques to operate under the watch of government-sanctioned imams.
    The country's 1998 Religion Law requires all religious groups and 
congregations to register and provides strict and burdensome 
registration criteria, including that each group present to the MOJ a 
list of at least 100 national citizen members and that a congregation 
already have a valid legal address. These and numerous other provisions 
enabled the Government to cite technical grounds for denying a group's 
registration petition, such as grammatical errors in a group's charter. 
These provisions mostly affected small, unregistered congregations, 
especially those who are viewed as being engaged in missionary 
activity, which is illegal. In contrast, registered minority 
congregations faced fewer restrictions on their activities.
    Numerous small Protestant churches remained unregistered, including 
churches in Tashkent, Chirchiq, Samarkand, Nukus, Gulistan, Andijon, 
and Gazalkent. Most did not apply because they did not expect local 
officials to register them, or because they had too few members to 
qualify for registration. Often they were afraid to give the 
authorities a list of their members, especially ethnic Uzbeks. Some 
Protestant churches attempted to register this past year and either 
were denied registration or received no response from authorities. No 
Baptist church has registered successfully since 1999. No Protestant 
churches are registered in Karakalpakstan. Jehovah's Witnesses applied 
for registration at local, regional, and national levels and received 
either denials or no official answer. Only one Jehovah's Witnesses 
congregation is registered. In contrast, authorities agreed to register 
and allow construction of a new Orthodox church in Khorezm province 
this year.
    Any religious service conducted by an unregistered religious 
organization is illegal. Police frequently broke up meetings of 
unregistered groups, which were generally held in private homes, 
occasionally detaining and beating members of these groups.
    Proselytizing is a crime, as is the teaching of religion without 
state approval. These provisions resulted in several prosecutions. 
Jehovah's Witnesses came under particular scrutiny and faced arbitrary 
fines, arrest, and imprisonment on charges of proselytizing or 
illegally teaching religion.
    Christian congregations that included members of traditionally 
Muslim ethnic groups often faced official harassment, legal action, or, 
in some cases, mistreatment.
    On July 8, a Navoi court fined Jehovah's Witnesses Guldara Artykova 
and Tursuna Yuldasheva for allegedly refusing to testify at court. On 
May 30, police in Navoi came to Artykova's home and detained her and 
Yuldasheva, after seizing religious literature. The women were brought 
to a police station, where officers beat Yuldasheva, reportedly causing 
numerous bruises and a concussion. Police released the women the 
following morning after authorities confiscated their passports.
    On July 23, authorities sentenced two Jehovah's Witnesses from 
Margilan, Abdubanob Ahmedov and Sergei Ivanov, to four years and three 
and one-half years' imprisonment respectively for allegedly teaching 
religion illegally. Courts also gave three-year suspended sentences to 
three other Margilan-based Jehovah's Witnesses, Raya Litvinenko, 
Svetlana Shevchenko and Aziza Usmanova. Two other Jehovah's Witnesses 
from Samarkand remained in prison: Irfan Hamidov, sentenced in May 2007 
to two years in a labor camp on criminal charges of illegally teaching 
religion, and Olim Turayev, sentenced on April 25, to four years' 
imprisonment on criminal charges of illegally teaching religion and 
organizing an illegal religious group.
    On September 26, authorities released Aitmurat Khayburahmanov from 
custody after a judge in Karakalpakstan dismissed the religious 
extremism charges against him. Authorities also granted him amnesty on 
the charge of teaching religion illegally. On June 14, authorities 
arrested and beat Khayburahmanov, a Protestant from Nukus.
    At year's end Pastor Dmitry Shestakov-leader of a registered Full 
Gospel Pentecostal congregation-remained in a Navoi labor camp serving 
a four-year sentence for his March 2007 convictions on charges of 
organizing an illegal religious group, inciting religious hatred, and 
distributing religious extremist literature. The Government refused to 
extend the January amnesty to Shestakov on allegations that he violated 
internal prison regulations.
    Most Muslims arrested on political charges were tried for 
anticonstitutional activity and participating in ``religious extremist, 
separatist, fundamentalist, or other banned organizations,'' a charge 
that encompasses both political and religious extremism. The 
overwhelming majority of those arrested on this charge were accused of 
HT membership. The Government also arrested members of other groups 
that it broadly labeled Wahhabi.
    The Government continued to commit serious abuses in its campaign 
against extremist organizations such as HT. However, knowledgeable 
observers note that the Government may have recognized that the limits 
it placed on other avenues of religious fulfillment correlate directly 
with the success of extremist organizations in attracting membership. 
Even as mosque attendance and open religiosity increased, the number of 
known cases of arrest, detention, or conviction based on alleged 
membership in religious extremist organizations appeared to decline for 
the second consecutive year.
    Authorities severely mistreated persons arrested on suspicion of 
extremism. While there were several reports of prison conditions 
improving for those convicted of religious extremism, abuses continued. 
Most defendants received sentences ranging from three to 14 years; some 
received sentences of 16-20 years.
    Prison authorities reportedly denied many prisoners suspected of 
Islamic extremism the right to practice their religion freely and, in 
some circumstances, did not allow them to possess a Koran. Authorities 
reportedly punished with solitary confinement and beatings inmates who 
attempted to fulfill their religious obligations despite prison rules, 
or who protested the rules themselves.
    In September authorities extended the sentence for religious 
extremism of Habibullah Madmarov, son of Margilan-based human rights 
activist Akhmadjan Madmarov, by an additional 16+ years after 
convicting him of forming an extremist conspiracy while in prison in 
Navoi province. Authorities reportedly also convicted 36 other inmates 
at the same prison and extended their sentences by between 16 and 20 
years each. In April authorities arbitrarily lengthened Habibullah's 
sentence by three-and-a-half years on the grounds that he remained a 
danger to society. Habibullah completed his original sentence in 
February. On June 26, authorities released another of Madmarov's sons 
on parole after he completed a seven-year sentence, but one other son 
and two nephews of Akhmadjan Madmarov remained in prison; all were 
charged with religious extremism.
    There were no updates in the numerous cases of individuals 
convicted of membership in HT and other extremist organizations in 2007 
and 2006.
    The law limits religious instruction to officially-sanctioned 
religious schools and state-approved instructors and does not permit 
private instruction or the teaching of religion to minors without 
parental consent. While the country has several functioning 
institutions that train clergy, there are very few options for those 
wishing to learn about their faith without pursuing a career in a 
religious institution.
    In December officials held meetings at schools and universities in 
several regions on the alleged danger posed to the country by 
``missionary and extremist movements.'' The officials reportedly 
discussed how it was ``necessary to fully root out missionary 
activities, which are rapidly spreading across the world, as well as 
warn young people of the negative effects of missionary activities.''
    The Government controlled the publication, importation, and 
distribution of religious literature, discouraging and occasionally 
blocking the production or importation of literature that religious 
censors deemed objectionable. The Government required a statement in 
every domestic publication indicating the source of its publication 
authority. Possession of literature deemed extremist could lead to 
arrest and prosecution. Illegal production, storage, importation, or 
distribution of religious materials could result in fines of 100 to 200 
times the minimum monthly wage or ``corrective labor'' of up to three 
years. The Government confiscated and destroyed religious literature 
imported illegally. The Government continued to impound thousands of 
religious books and brochures that the Uzbekistan Bible Society 
attempted to import into the country in May, claiming that the Society 
had failed to notify authorities properly about the shipment. Other 
criminal and administrative codes punish the production and 
distribution of ``literature promoting racial and religious hatred.''
    There were no reports of arrests or harassment of Muslim believers 
based on outward expressions of their religious belief such as beards, 
veils, or mosque attendance. The law prohibits wearing ``cult robes'' 
(religious clothing) in public except by those serving in religious 
organizations. In practice, this provision did not appear to be 
enforced. Many sources reported an improved atmosphere in the Muslim 
community, with many mosques overflowing for lack of space during 
Friday prayer. Observant Muslims appeared to be able to display their 
faith in public more freely.

    Societal Abuses and Discrimination.--Society is generally tolerant 
of religious diversity but not of proselytizing. In particular, Muslim, 
Russian Orthodox, Roman Catholic, and Jewish leaders reported high 
levels of acceptance in society. Other minority religious groups, 
especially churches with ethnic Uzbek converts, encountered 
difficulties stemming from social prejudices. There were persistent 
reports of discrimination against and harassment of ethnic Uzbek 
Muslims who converted to Christianity. State-controlled media in some 
cases encouraged societal prejudice against certain minority religious 
groups. On May 17, Uzbek TV's First Channel broadcast an Uzbek-language 
documentary that condemned several churches for their missionary 
activity. The program also cited instances in which missionaries 
allegedly had used psychotropic drugs and hypnosis to attract recruits 
and alleged that missionaries targeted youth and the mentally 
handicapped for recruitment. Articles in the state-controlled print 
media at the time echoed these attacks.
    There were no reports of anti-Semitic acts or patterns of 
discrimination against Jews. There were eight registered Jewish 
congregations, and observers estimated the Jewish population to be 
approximately 15,000-20,000 persons, concentrated mostly in Tashkent, 
Samarkand, and Bukhara. Their numbers were declining due to emigration, 
largely for economic reasons. There were no reports during the year of 
HT members distributing anti-Semitic fliers.
    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 
free movement within the country and across its borders, although the 
Government limited this right in practice. Permission from local 
authorities is required to move to a new city. The Government rarely 
granted permission to move to Tashkent, and local observers reported 
that persons had to pay bribes of up to 100,000 soum (approximately 
$72) to obtain registration documents required to move.
    The Government required citizens to obtain exit visas for foreign 
travel or emigration, and while it generally granted the visas, local 
officials often demanded a small bribe. There were reports during the 
year of the Government's withholding exit visas from human rights 
activists to prevent their travel abroad. The Government also limited 
activists' freedom of movement within the country. A government 
registration system required citizens to obtain a special stamp from 
local authorities in their place of residence to leave the country. 
Citizens generally continued to be able to travel to neighboring 
states, and the stamp requirement was not uniformly enforced. Land 
travel to Afghanistan, however, remained difficult, as the Government 
maintained travel restrictions on large parts of Surkhandarya Province 
bordering Afghanistan, including the border city of Termez. Citizens 
needed permission from the NSS to cross the border, while Afghans did 
not need permission, aside from a visa, to enter the country to trade.
    Foreigners with valid visas generally could move within the country 
without restriction, but visitors required special permission to travel 
to Surkhandarya Province. During the year there were reports of 
authorities refusing entry to the country to foreigners with valid 
visas. On May 19, the Government issued a decree that toughened 
regulations for foreigners staying in the country and made it easier 
for the Government to deport them.
    On August 10, authorities forcibly deported Birlik opposition party 
leader and Uzbek citizen Pulat Akhunov to Kyrgyzstan, reportedly 
abducting Akhunov, driving him across the border, and dropping him off 
outside Bishkek without money or identification. He had traveled to 
Andijon from Sweden in March 2007 to apply for a new passport, as 
regulations require citizens to renew their passports at 25 and 45 
years of age. Authorities refused to renew the passport, rendering 
Akhunov unable to return to Sweden. Before his deportation, government 
authorities frequently detained Akhunov when he attempted to leave 
Andijon Province. He has since returned to Sweden.
    The law does not explicitly prohibit forced exile, but the 
Government did not employ it. At year's end several opposition 
political figures and human rights activists remained in voluntary 
exile.
    Emigration and repatriation were restricted in that the law does 
not provide for dual citizenship. In practice returning citizens had to 
prove to authorities that they did not acquire foreign citizenship 
while abroad, or face prosecution. In practice citizens often possessed 
dual citizenship and traveled without issue.

    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. As in the previous year, there were 
reported cases of the Government forcibly removing Afghan refugees from 
the country. In practice the Government did not cooperate with the UN 
High Commissioner for Refugees (UNHCR) in allowing it to provide 
assistance to refugees and asylum seekers.
    During the year the UN Development Program(UNDP) continued to 
assist with monitoring and resettlement of the approximately 870 Afghan 
refugees who remained in the country. UNDP also performed some of 
UNHCR's humanitarian functions, as it has done since the Government 
forced the UNHCR office to close in 2006. UNHCR assisted Uzbek refugees 
who had fled into Kyrgyzstan following the 2005 unrest in Andijon.
    During the year the harassment of Afghan refugees continued, with 
reports that several of them were forcibly returned to Afghanistan. In 
March 2007 the MFA informed UNDP that UNHCR mandate certificates would 
not be considered as the basis for extended legal residence, and 
persons carrying such certificates must apply for the appropriate visa 
or face possible deportation. The Government considered the Afghan and 
Tajik refugee populations economic migrants and subjected them to 
harassment and bribery. Most Tajik refugees were ethnic Uzbeks; unlike 
their Afghan counterparts, Tajik refugees were able to integrate into 
and were supported by the local population. Although most Tajik 
refugees did not face societal discrimination, many of them were 
officially stateless or faced the possibility of becoming officially 
stateless, as many carried only old Soviet passports rather than Tajik 
or Uzbek passports.
    UNHCR reported that Afghan refugees had no access to the legal 
labor force and, therefore, had limited means to earn a livelihood.
    During the year the Government pressured several other countries to 
return forcibly citizens who were under UNHCR protection abroad. On May 
14 Kyrgyzstan extradited Uzbek asylum-seeker Erkin Holikov to the 
country under pressure from the Government. Holikov was serving a four-
year prison sentence in Kyrgyzstan on charges of illegal border 
crossing and failing to report a crime. Holikov faces charges of 
anticonstitutional activity and religious extremism.
    In March a court in Namangan Province sentenced Abdugani Kamaliev 
to 11 years' imprisonment for religious extremism. Russian authorities 
had deported Kamaliev from the country in December 2007 despite 
objections from the European Court of Human Rights (EHCR) that he might 
be subjected to torture.
    On November 10, the ordered Russia not to extradite two Uzbek 
refugees-Abdullajon Isakov and Abdumutallib Karimov-arguing that they 
potentially faced persecution for their religious convictions, torture, 
and arbitrarily long prison terms. Russian prosecutors issued 
extradition orders for Isakov on August 13 August and Karimov on 
September 18. Russian authorities detained Isakov in Tyumen in March 
and Karimov in Yoshkar-Ola in June after the Uzbek government issued 
warrants for their arrest.
    On December 9, a court in Kyiv ruled that Uzbek citizen Abdumalik 
Bakayev could not be extradited. The Ukrainian court cited an April 24 
decision by the ECHR (Ismoilov and Others vs. Russia) that the 
extradition of individuals to Uzbekistan violated Article 3 of the 
European Convention for the Protection of Human Rights and Fundamental 
Freedoms due to the routine occurrence of police brutality. Bakayev 
reportedly asked the Ukrainian migration service to grant him refugee 
status in November, claiming that he was previously convicted twice for 
HT membership and tortured in Uzbekistan.
    On December 12, the ECHR ruled that Russian authorities had 
violated the rights of an Uzbek citizen, Rustam Mominov, by extraditing 
him to Uzbekistan, where he was convicted of HT membership and is now 
imprisoned, while his appeal was still pending at the ECHR. Under EHRC 
regulations, individuals who have appealed to the Court cannot be 
extradited from a country without prior warning.
    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 Andijon in May 2005. 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 in 
restitution. The Russiangovernment had not complied at year's end.
    There were no developments in the following refoulement cases: the 
June 2007 detention and transfer to Russian authorities for deportation 
of Uzbek asylum-seeker Mukhamadsolikh Abutov by apparent Uzbek NSS 
members outside Moscow; and the August 2007 order of a Moscow district 
court for extradition of Yashin Dzhurayev, who claimed that he had been 
persecuted for religious reasons in the country.
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. In practice this was not possible through peaceful 
and democratic means. The Government severely restricted freedom of 
expression and suppressed political opposition. The Government was 
highly centralized and ruled by President Karimov and the executive 
branch through sweeping decree powers, primary authority for drafting 
legislation, and control of government appointments, most of the 
economy, and the security forces.

    Elections and Political Participation.--On January 16, President 
Karimov swore himself in for a third term as President after being 
reelected in December 2007 in a process that fell short of 
international democratic norms. The OSCE limited election observation 
mission (LEOM) noted that there were more candidates than in previous 
elections-four, including a female candidate and a nonpartisan 
candidate nominated by an initiative group-but all candidates publicly 
endorsed the incumbent's policies. In addition, there was no 
competition of political views, administrative hurdles kept other 
potential candidates off the ballot, and the Government tightly 
controlled the media. The LEOM noted procedural problems and 
irregularities in vote tabulation.
    The constitution prohibits Presidents from seeking a third term in 
office, an apparent contradiction never publicly addressed by the 
Government. The OSCE declined to monitor the 2000 election in which 
President Karimov was reelected to a second term, determining 
preconditions did not exist for it to be free and fair. A 2002 
referendum, which multilateral organizations and foreign embassies also 
refused to observe, extended Presidential terms from five to seven 
years.
    In August 2007 President Karimov announced that the next 
parliamentary elections would be held in 2009. The OSCE found that the 
2004 elections for the lower house of the parliament fell significantly 
short of international standards for democratic elections, resulting in 
the majority of seats being held by progovernment political parties.
    The total number of registered political parties decreased from 
five to four in June after the Milliy Tiklanish (``National Rebirth'') 
party absorbed the Fidokorlar (``Selfless'') party. The three remaining 
registered parties are the People's Democratic Party of Uzbekistan 
(PDPU), the Adolat (``Justice'') Social-Democratic Party, and the 
Liberal Democratic Party of Uzbekistan. The Government controlled all 
registered political parties and provided funding.
    The law allows independent political parties, but it also gives the 
Ministry of Justice (MOJ) broad powers to interfere with parties and to 
withhold financial and legal support to those opposed to the 
Government.
    The law makes it extremely difficult for genuinely independent 
political parties to organize, nominate candidates, and campaign. To 
register a new party requires 20,000 signatures. The procedures to 
register a candidate are burdensome. The law allows the MOJ to suspend 
parties for up to six months without a court order. The Government also 
exercised control over established parties by controlling their 
financing.
    On December 29, President Karimov signed legislation that abolished 
provisions allowing independent initiative groups to nominate 
candidates for parliamentary and Presidential elections. Only 
registered political parties may now nominate candidates. The law also 
expanded the number of deputies in parliament's lower house (the Oliy 
Majlis) from 120 to 150, with half of the new seats reserved for 
members of the new ``Ecological Movement of Uzbekistan.''
    The law prohibits judges, public prosecutors, NSS officials, 
servicemen, foreign citizens, and stateless persons from joining 
political parties. The law prohibits parties based on religion or 
ethnicity; those that oppose the sovereignty, integrity, and security 
of the country and the constitutional rights and freedoms of citizens; 
those that promote war, or social, national, or religious hostility, 
and those that seek to overthrow the Government.
    The Birlik opposition political party has applied to the MOJ for 
registration several times in previous years, but it has never received 
a response. Birlik members were among those arrested and detained in 
connection with the 2005 Andijon events. The leaders of three of the 
five main unregistered opposition political parties-Mohammed Solikh of 
Erk (convicted on terrorism charges in absentia in 1999), Abdurakhim 
Polat of Birlik, and Babur Malikov of the Free Farmers Party-remained 
in voluntary exile. The leader of a fourth opposition party-Bokhodir 
Choriyev of Birdamlik-also resides abroad. One of the cofounders of the 
fifth unregistered opposition party-Sanjar Umarov of the Sunshine 
Coalition-remains in prison.
    Before the number of deputies was expanded in late December, there 
were 21 women in the 120-member lower chamber of the parliament and 15 
women in the 100-member senate. There was one woman in the 28-member 
cabinet.
    There were nine members of ethnic minorities in the lower house of 
parliament and 15 minorities in the senate. The number of members of 
ethnic minorities in the cabinet was unknown.
    On October 15-16, government officials, including representatives 
from the registered political parties, attended a conference on 
democratic elections co-hosted by a government-supported NGO, the 
Foundation for Regional Policy, and international organizations 
promoting democratization.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. In October, the MOJ reported that 48 
government officials were convicted of criminal charges, including 
corruption, and 793 officials were convicted of administrative offences 
during the first nine months of the year. In addition, disciplinary 
charges were reportedly brought against 4,863 officials, and 327 
officials were removed from their posts.
    Even so, the Government did not always implement anticorruption 
legislation effectively, and officials frequently engaged in corrupt 
practices with impunity. It was generally accepted that applicants 
could buy admission to prestigious educational institutions with 
bribes. Likewise, corruption was a severe problem in the law and 
traffic enforcement systems, and there were several reports that bribes 
to judges influenced the outcomes of civil suits. However, there were 
several reports of authorities removing local administrative or police 
officials from office in response to charges of corruption.
    On July 7, President Karimov signed a law to ratify the United 
Nations Convention Against Corruption.
    The law states that all government agencies must provide citizens 
with the opportunity to examine documents, decisions, and other 
materials affecting their freedoms. In practice the Government seldom 
respected these rights. The public generally did not have access to 
government information, and information normally considered in the 
public domain was seldom reported.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups operated in the country, 
although they were hampered by a fear of official retaliation. The 
Government frequently harassed, arrested, and prosecuted human rights 
activists.
    Two domestic human rights NGOs-Ezgulik and the Independent Human 
Rights Organization of Uzbekistan-were registered with the Government. 
Others were unable to register but continued to function at both the 
national and local levels. Organizations that attempted to register in 
previous years and remain unregistered include the HRSU, Mazlum 
(``Oppressed''), and Mothers against the Death Penalty and Torture. The 
Government denied registration for a variety of reasons, including 
grammatical errors in applications. These organizations did not exist 
as legal entities but continued to function, although they had 
difficulty renting offices or conducting financial transactions and 
could not open bank accounts, making it virtually impossible to receive 
funds legally. Operating an unregistered group was technically subject 
to government prosecution.
    Government officials occasionally met with domestic human rights 
defenders, some of whom noted that they were able to resolve some cases 
of abuse through direct engagement with authorities. A foreign NGO 
continued to provide a forum for domestic human rights defenders to 
meet with members of the police, prison directorate, and security 
services. The Government increased cooperation with this NGO the year.
    On November 28, the independent Ezgulik human rights group held a 
conference, attended by approximately 40 activists and a government 
official, which evaluated the Government's recent legal reforms and 
their implementation. One participant observed this was the first such 
conference an independent human rights group had conducted in Tashkent 
since the 2005 Andijon events. The National Human Rights Center also 
assisted an independent human rights activist to conduct human rights 
trainings at several schools in Tashkent province during the fall.
    Police and security forces continued to harass domestic human 
rights activists and NGOs during the year. Security forces regularly 
threatened and intimidated human rights activists to prevent their 
activities and dissuade them from meeting with foreign diplomats, and 
occasionally police and other government authorities ordered activists 
to cease contact with foreigners. Unknown assailants attacked human 
rights activists. Authorities regularly detained or arrested human 
rights activists and subjected them to house arrest, occasional 
involuntary psychiatric treatment, or false criminal charges. 
Additionally, government officials publicly accused specific activists 
of conspiring with international journalists to discredit the 
Government.
    On October 2, a MOI officer in Gulistan arbitrarily detained human 
rights activist Karim Bozorbaev for over an hour after he met with 
foreign diplomats who were monitoring child labor in the cotton fields. 
The MOI officer accused Bozorbaev of being a ``traitor'' for meeting 
with the foreign diplomats and threatened to fabricate criminal charges 
against him. The officer hit Bozorbaev, knocking out one of his teeth. 
In November 2007 Bozorboev had received a sentence of three and a half 
years' imprisonment on politically-motivated charges of fraud, but he 
was released under the January Presidential amnesty.
    Since the 2005 Andijon events, the Government severely restricted 
the activities of international human rights NGOs and subjected their 
employees to frequent harassment and intimidation. Government officials 
and the government-controlled press frequently accused international 
NGOs of participating in an international ``information war'' against 
the country.
    The Government continued to restrict the work of international 
bodies and foreign diplomatic missions and severely criticized their 
human rights monitoring activities and policies. During the year the 
Government criticized some diplomats for meeting with human rights 
activists and members of unregistered organizations, especially those 
outside of Tashkent, and threatened their expulsion from the country.
    The Government has not agreed to expand the OSCE office, whose 
mission it forced to reorganize in 2006, with a substantially reduced 
emphasis on human rights programming. However, OSCE representatives 
reported that cooperation has improved this year, with the Government 
approving several proposed OSCE projects, including in the Human 
Dimension. For the first time in three years, the Government sent a 
minister-level delegation to the OSCE ministerial in Helsinki, Finland 
in December.
    In 2006 and 2007 the EU and the Government held several limited 
formal discussions of the Andijon events and other human rights abuses, 
including a May 2007 discussion under the auspices of the Joint EU/
Uzbekistan Consultative Council's Subcommittee on Justice, Interior, 
and Human Rights. Government officials also have discussed the Andijon 
events with other foreign senior officials, to whom they have 
characterized the events as a ``tragedy.'' However, the Government 
continued to ignore earlier demands by foreign governments, the UN, the 
OSCE, the EU, and other international organizations for an independent 
international investigation into the 2005 Andijon unrest. A 2005 UNHCR 
report on the Andijon violence concluded that ``consistent, credible 
eyewitness testimony strongly suggests that grave human rights 
violations...were committed by Uzbek military and security forces...It 
is not excluded...that the incidents amounted to a mass killing.''
    The human rights ombudsman, affiliated with parliament, had the 
stated goals of promoting observance and public awareness of 
fundamental human rights, assisting in shaping legislation to bring it 
into accordance with international human rights norms, and resolving 
cases of alleged abuse. The ombudsman's office could mediate disputes 
between citizens who contacted it and the Government and could make 
recommendations to modify or uphold decisions of government agencies, 
but its recommendations were not binding. The ombudsman had offices in 
all provinces of the country, as well as in the Karakalpakstan 
Autonomous Republic and Tashkent. During the year the office registered 
more than 9,000 complaints and handled hundreds of cases, a majority of 
which dealt with abuse of power and various labor and social welfare 
issues. The ombudsman published reports identifying the most serious 
violations of human rights by government officials; the majority of 
these involved procedural violations and claims of abuse of power by 
police and local officials.
    Throughout the year the ombudsman's office hosted meetings and 
conferences with law enforcement, judicial representatives, and limited 
international NGO participation, to discuss its mediation work and 
means of facilitating protection of human rights. In February the 
ombudsman visited Jizzakh Province and in April Kashkadarya Province 
for discussions with regional leaders on human rights issues. In May 
the office held a seminar in Bukhara on legal and judicial reforms, 
including this year's habeas corpus amendments. In August the office 
and OSCE cosponsored a conference on the new habeas corpus law and how 
to increase cooperation among the ombudsman's office and law 
enforcement and judicial bodies.
    The National Human Rights Center is a government agency responsible 
for educating the population and officials on the principles of human 
rights and democracy and for ensuring the Government complies with its 
international obligations to provide human rights information. During 
the year the center prepared a national report to the UN Human Rights 
Council for its Universal Periodic Review. International organizations 
reported cooperation with the center in raising awareness of recent 
legal reforms among government officials, including the adoption of a 
new antitrafficking law and International Labor Organization anti-child 
labor conventions.
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 constitution prohibits 
discrimination on the basis of race, gender, and language, but does not 
specifically prohibit discrimination on the basis of disability. 
Societal discrimination against women and persons with disabilities 
existed, and child abuse persisted.

    Women.--The law prohibits rape, including rape of a ``close 
relative,'' but the Criminal Code does not specifically prohibit 
marital rape, and there were no cases known to have been tried in 
court. Cultural norms discouraged women and their families from 
speaking openly about rape, and instances were almost never reported in 
the press.
    The law does not specifically prohibit domestic violence, which 
remained common. While the law punishes physical assault, police often 
discouraged women from making complaints against abusive husbands, and 
abusers were rarely taken from their homes or jailed. Wife beating was 
considered a personal affair rather than a criminal act. Such cases 
were usually handled by family members or elders within the 
neighborhood committee and rarely came to court. Local authorities 
emphasized reconciling husband and wife, rather than addressing the 
abuse. NGOs working on domestic violence reported that local government 
officials cooperated on education programs, with a number of 
initiatives to increase cooperation with neighborhood committees. Some 
police and religious leaders participated in NGO training.
    As in past years, there were many reported cases in which women 
attempted or committed suicide as a result of domestic violence. 
Information indicates that most cases went unreported, and there were 
no reliable statistics on the problem's extent. Observers cited 
conflict with a husband or mother-in-law, who by tradition exercised 
complete control over a young bride, as the usual reason for suicide. 
NGOs assisting survivors of suicide attempts reported inconsistent 
cooperation from officials and neighborhood committees.
    The law prohibits prostitution; however, it remained a problem, 
particularly among ethnic minorities. Police enforced the laws against 
prostitution unevenly; some police officers harassed and threatened 
prostitutes with prosecution to extort money.
    The law does not prohibit sexual harassment. Social norms and the 
lack of legal recourse made it difficult to assess the scope of the 
problem.
    The law prohibits discrimination against women. In practice, 
traditional, cultural, and religious practices limited their role in 
society. Although women were underrepresented in high-level positions 
and in the industrial sector, in January, Dilorom Toshmuhammedova-
leader of the progovernment Adolat Social-Democratic party and one of 
four officially recognized Presidential candidates in the December 2007 
election-became the first female Speaker of the Oliy Majlis (lower 
house of parliament), the highest government rank ever held by a woman 
in the country. The Government charged a deputy prime minister at the 
cabinet level with furthering the role of women in society and heading 
the National Women's Committee.
    UNDP works with the Women's Committee of Uzbekistan on the joint 
national project ``Legislative and Institutional Capacity for Women's 
Empowerment in Uzbekistan.'' Under this project, on May 14, government 
and NGO representatives participated in a workshop on promotion of 
gender equality and implementation of the UN Convention on the 
Elimination of All Forms of Discrimination Against Women (CEDAW). The 
country presented its latest report to CEDAW in August.

    Children.--The Government was generally committed to children's 
rights and welfare. In January the Government adopted a wide-ranging 
law ``On the Guarantees of the Rights of the Child'' that clarifies 
protections for children against forced labor and includes language for 
the establishment of an official Ombudsman for Children.
    The law provides for children's rights and for free compulsory 
education for 12 years through basic and secondary school. In practice 
shortages and budget difficulties meant that many families had to pay 
education expenses. Teachers earned extremely low salaries and 
routinely expected regular payments from students and their parents.
    In accordance with a 2007 four-year national action plan on 
securing child welfare, the Government continued implementation of a 
transition from 9-year to 12-year mandatory free secondary education, 
including vocational education. The Government has constructed numerous 
new three-year vocational schools, colleges, and lyceums in all regions 
of the country. Currently there are approximately 100 lyceums and 900 
vocational schools offering courses to about a million students. 
Another 300,000 students attend the country's 65 higher education 
institutions.
    The Government subsidized health care, including for children, and 
boys and girls enjoyed equal access. As with education, low wages for 
doctors and poor funding of the Soviet era health sector led to a 
widespread system of informal payments for services; in some cases this 
was a barrier to access for the poor. With some exceptions, those 
without an officially registered address, such as street children and 
children of migrant workers, did not have access to government health 
facilities.
    Child abuse was generally considered an internal family matter, and 
government officials were reluctant to discuss the issue openly with 
international organizations. In 2007 the World Health Organization 
(WHO) worked with the Government to develop a national Strategy for 
Child and Adolescent Health, which includes ``Child Trauma'' as a 
priority area and ``bullying'' and ``family violence'' as subtopics to 
be addressed. Elders on neighborhood committees frequently took an 
interest at the local level in line with the committees' 
responsibilities to maintain harmony and order within the local 
community. There were no government-led campaigns against child abuse, 
although a government-led campaign against trafficking in persons 
included minors as a target audience.
    Child marriage was not prevalent, although in some rural areas 
girls as young as 15 were sometimes married in religious ceremonies not 
officially recognized by the state. The number of women married before 
the age of 18 appears to have declined over time. According to a 2006 
report endorsed by the UN Children's Fund (UNICEF) and the Uzbek State 
Statistical Committee, 5 percent of women aged 15 to 19 were married. 
The same report also found that 12.5 percent of women currently aged 20 
to 49 were married before they turned 18.
    There were reports that girls were trafficked from the country for 
the purpose of sexual exploitation and that girls were engaged in 
forced prostitution.
    During the cotton harvest, many school children, particularly in 
rural areas, were forced to work in the cotton fields.
    The Government declared 2008 the ``Year of Youth,'' during which it 
increased educational expenditures and job training for young people 
and undertook other measures to protect the rights and interests of 
youth.
    On December 11, President Karimov signed legislation on Uzbekistan 
adopting the Optional Protocol to the Convention on the Rights of the 
Child on the sale of children, child prostitution, and child 
pornography. On December 12, President Karimov signed legislation on 
Uzbekistan adopting the Optional Protocol to the Convention of the 
Rights of the Child on the Involvement of Children in Armed Conflict.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons. The Government does not fully comply with the minimum 
standards for the elimination of trafficking, but it made considerable 
efforts to do so.
    On July 8, the Government adopted a national action plan, which 
included creation of a national interagency commission of high-level 
officials. The commission must meet at least quarterly to address 
trafficking issues and oversee implementation of national and regional 
activities to raise awareness, protect victims, and modify legislation. 
The plan followed President Karimov's April 17 signing of 
antitrafficking legislation that strengthened victim protections, 
required the Government to provide victims with assistance, and 
criminalized severe forms of human trafficking, including trafficking 
into forced labor. In June the Government adopted the UN Protocol on 
Trafficking in Persons.
    In September the Government amended the Criminal Code to strengthen 
penalties against convicted traffickers. The amendments created a new 
version of Criminal Code Article 135. Officially titled ``Trafficking 
in Persons,'' it formally defines and criminalizes all severe forms of 
human trafficking. The base punishment for first-time offenders is now 
three to five years in prison. The punishment is increased to eight to 
12 years in prison for instances of trafficking two or more people, 
using force or threat, recidivism, group conspiracy, abuse of official 
position, and cases involving the death of trafficking victims. Unlike 
under the previous code, amnesty is generally not granted to 
individuals who receive prison sentences of 10 years or more.
    The country was primarily a source and, to a much lesser extent, a 
transit country for the trafficking of women and girls for the purpose 
of commercial sexual exploitation and men for labor exploitation. From 
2002-07 there were only two documented transit cases in Uzbekistan. 
There were no reliable statistics on the extent of the problem, 
although NGOs and the Government reported labor trafficking was much 
more prevalent than trafficking for sexual exploitation and was likely 
rising due to poor economic conditions. While most reported cases of 
trafficking over the past five years have involved women, the number of 
men trafficked is especially difficult to enumerate.
    During the year there were credible reports that women were 
trafficked to the United Arab Emirates (UAE), China, India, Russia, 
Kazakhstan, Thailand, Turkey, and Ukraine. There were also reports of 
victims transiting Kyrgyzstan, Kazakhstan, Georgia, and Azerbaijan for 
other destinations. According to a local antitrafficking NGO, most 
Uzbek female trafficking victims were sent to UAE and Turkey via 
Azerbaijan and Kazakhstan. Labor trafficking victims, mostly male, were 
typically trafficked to Kazakhstan and Russia to work in the 
construction, agricultural, and service sectors. Some transit of 
trafficked persons also may have taken place from neighboring countries 
and to or from countries for which the country was a transportation 
hub-Thailand, Malaysia, Indonesia, India, South Korea, and the UAE. 
Women between the ages of 17 and 30 were vulnerable to sexual 
exploitation, and men of all ages were targets for labor trafficking. A 
local antitrafficking NGO registered a total of 529 cases of human 
trafficking during the year involving 343 female victims and 186 male 
victims, on par with the 527 registered cases in 2006 and a decrease 
from the 874 cases registered in 2005.
    Traffickers operating within nightclubs, restaurants, or 
prostitution rings solicited women, many of whom engaged in 
prostitution. In large cities such as Tashkent and Samarkand, 
traffickers used newspaper advertisements for marriage and fraudulent 
work opportunities abroad to lure victims. Travel agencies promising 
tour packages and work in Turkey, Thailand, and the UAE were also used 
to recruit victims. In most cases traffickers confiscated travel 
documents once the women reached the destination country. Victims of 
labor trafficking were typically recruited in local regions and driven 
to Kazakhstan or Russia where they were often sold to ``employers.'' 
Traffickers held victims in a form of debt bondage, particularly in the 
case of those trafficked for sexual exploitation.
    Recruiters tended to live in the same neighborhood as the potential 
victim and often may have known the victim. These recruiters introduced 
future victims to the traffickers, who provided transportation, airline 
tickets, visas, and instructions about meeting a contact in the 
destination country. There were also reports of former victims being 
used to recruit new victims.
    All law enforcement agencies are charged with upholding the 
antitrafficking provisions of the criminal code. Enforcement appeared 
to improve during the year.
    The number of trafficking-related convictions continued to rise. 
According to a report released by the Ministry of Justice on October 
17, during the first nine months of the year authorities opened 436 
criminal cases against suspected traffickers, resulting in 339 
convictions (293 men and 136 women). The report further noted that a 
total of 1,449 citizens were trafficked during the same period, of whom 
1,283 (88.5 percent) were men and 166 (11.5 percent) were women. Of the 
victims, 28 were reportedly minors. In 2007 authorities investigated 
303 suspects on human trafficking charges, resulting in 185 persons 
being convicted.
    State-controlled media have reported the convictions of several 
alleged traffickers under the new criminal code amendments. For 
example, a Tashkent court in October convicted an Uzbek man and three 
female accomplices of trafficking women from Uzbekistan to Kazakhstan 
and sentenced each to between 10-14 years' imprisonment.
    The MFA, MOI, and local contacts indicated that convicted 
traffickers are increasingly serving time in jail. An independent 
activist also noted that individuals convicted of human trafficking 
were now among those groups of prisoners who were generally not 
considered for amnesty.
    Government offices with responsibility for fighting trafficking 
included the MOI's Office for Combating Trafficking, Crime Prevention 
Department, and Department of Entry-Exit and Citizenship; the NSS's 
office for Fighting Organized Crime, Terrorism, and Drugs; the Office 
of the Prosecutor General; the Ministry of Labor; the Consular 
Department of the Ministry of Foreign Affairs; and the State Women's 
Committee. A government Inter-Agency Commission on Combating 
Trafficking in Persons meets quarterly and consists of representatives 
from the Government entities listed above.
    There was at least one reported investigation of a corrupt official 
involved in trafficking. In March Matlyuba Burkhanova, a member of the 
lower house of parliament, resigned under pressure over allegations of 
human trafficking. There were no updates on the outcome of a criminal 
investigation into charges that Burkhanova arranged to send women to 
work as prostitutes overseas.
    There were no reports that the Government prosecuted victims of 
trafficking for illegal migration in the course of being trafficked. 
Knowledgeable sources reported that authorities turned a blind eye to 
immigration violations of returning trafficking victims. Unlike in 
previous years, there were no reports of government law enforcement 
officials involved in trafficking-related bribery and fraud.
    Repatriated victims often faced societal and familial problems upon 
return. At year's end internationally supported NGOs operated two 
shelters in Tashkent and Bukhara to help victims reintegrate into 
society. There were no reports of local police harassing shelter 
residents. The NGO implementer has reported a steadily improving 
working relationship with authorities, who now often contact the 
shelter with new referrals. During the reporting period, NGOs reported 
assisting 308 victims (245 female and 53 male) trafficked for sexual 
and labor exploitation.
    On November 5, President Karimov signed a decree instructing the 
Ministry of Labor to open a national rehabilitation center in Tashkent 
to assist and protect human trafficking victims.
    The Government cooperated with the International Organization for 
Migration (IOM) to provide assistance to repatriated trafficking 
victims. IOM also reported that police, consular officials, and border 
guards referred women returning from abroad who appeared to be 
trafficking victims to the organization for services. The Government 
routinely allowed IOM to assist groups of returning women at the 
airport, help them through entry processing, and participate in the 
preliminary statements the victims gave to the MOI.
    In several different regions, antitrafficking NGOs, with the 
participation of law enforcement and local government officials, 
conducted seminars for orphanages, secondary schools, and higher 
education institutions; placed antitrafficking notices in local 
newspapers; and developed informational brochures and educational 
manuals for teachers and students. These NGOs also worked with 
Uzbekistan's mahallas to raise awareness about trafficking, especially 
in rural areas, and conducted antitrafficking summer camps for youth.
    During the year the Government continued to focus on trafficking 
prevention. A specialized antitrafficking unit in the MOI continued to 
cooperate with NGOs on antitrafficking training for law enforcement and 
consular officials. The unit also supported victims who testified 
against traffickers and organized public awareness campaigns.
    The government-controlled media routinely carried targeted articles 
and programs raising awareness about the dangers of trafficking for 
both sexual and labor exploitation. There was a large increase in the 
total number of such articles compared to previous years. government-
owned television stations worked with local NGOs to broadcast 
antitrafficking messages and to publicize the regional NGO hot lines 
that counseled actual and potential victims. The Government allowed 
NGOs to place posters on trafficking hazards on public buses, in 
passport offices, and in consular offices abroad.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in the workplace and in education; 
however, the law does not specifically prohibit such discrimination in 
housing or in access to state services. There was some societal 
discrimination against persons with disabilities. The Government 
provided care for persons with mental disabilities in special homes.
    In August the Ministry of Labor signed an agreement to participate 
in a two-year ACCESS (Accessibility, Civic Consciousness, Employment, 
and Society Support for Persons with Disabilities) project with several 
international partners, including UNDP, UNICEF, the UN Educational, 
Scientific and Cultural Organization (UNESCO), and the UN Population 
Fund (UNFPA). The purpose of the project is to combat societal 
discrimination against persons with disabilities and expand social 
integration, employment, and inclusive educational opportunities for 
them. As part of the project, the Government opened six pilot 
``inclusive education kindergartens and schools-which educate children 
with and without disabilities-in Navoi, Termez, Qarshi, Jizzakh, 
Samarkand, and Kokand. Under the ACCESS project, UNDP in December also 
conducted a training course on employing persons with disabilities for 
staff of employment centers administered by the Ministry of Labor.
    In June the Government amended the 1991 law ``On the Social 
Protection of Disabled Persons in the Republic of Uzbekistan'' to 
include provisions imposing fines of up to 70 times the monthly minimum 
wage against facilities deemed inaccessible to disabled persons, 
although there are no reports of facilities being fined. While many 
public places lacked access for persons with disabilities, there was 
some wheelchair access throughout the country. The law does not provide 
effective safeguards against arbitrary or involuntary 
institutionalization. During the year, human rights activists reported 
that a number of persons with mental or physical disabilities were 
being held at psychiatric hospitals despite showing no signs of mental 
illness. The Ministry of Health controlled access to health care for 
persons with disabilities, and the Ministry of Labor and Social 
Protection facilitated employment of persons with disabilities.

    National/Racial/Ethnic Minorities.--The constitution provides for 
the right of all citizens to work and to choose their occupation. The 
law prohibits employment discrimination on the basis of ethnicity or 
national origin. However, ethnic Russians and other minorities 
frequently complained about limited job opportunities. Senior positions 
in the Government bureaucracy and business generally were reserved for 
ethnic Uzbeks, although there were numerous exceptions.
    The law does not require Uzbek language ability to obtain 
citizenship, but language remained a sensitive issue. Uzbek is the 
state language, and the constitution requires that the President speak 
it. The law also provides that Russian is ``the language of interethnic 
communication.'' Russian was spoken widely in the main cities, and 
Tajik was spoken widely in Samarkand and Bukhara.

    Other Societal Abuses and Discrimination.--There was social stigma 
against HIV/AIDS patients. Persons living with HIV reported social 
isolation by neighbors, public agency workers, health personnel, law 
enforcement officers, landlords, and employers after their HIV status 
became known. Recruits in the armed services found to be HIV-positive 
were summarily expelled. The MOI's Department of Corrections continued 
efforts to raise awareness about the realities of HIV/AIDS in its 
training for prison staff. The Government's restrictions on local NGOs 
left only a handful of functioning NGOs to assist and protect the 
rights of persons with HIV/AIDS.
    During the year the Government began a large-scale public awareness 
campaign under the slogan ``We Will Stop AIDS!'' to raise awareness 
regarding how HIV/AIDs is spread, caring for HIV/AIDS sufferers, and 
eliminating discrimination against them. As part of the campaign, the 
Ministry of Health broadcast television and radio programs and held 
charity events to raise funds for HIV-positive children.
    Homosexual activity is punishable by up to three years' 
imprisonment. Some homosexuals reportedly left the country due to the 
restrictive environment.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join unions of their choice; however, workers were unable to 
exercise this right in practice. The law declares unions independent of 
governmental administrative and economic bodies, except where provided 
for by other laws. In practice unions remained centralized and 
dependent on the Government. The state-run Board of the Trade Union 
Federation of Uzbekistan was the largest union. All regional and 
industrial trade unions at the local level were state-owned. There were 
no independent unions. The law prohibits discrimination against union 
members and officers, but this prohibition was irrelevant due to the 
unions' close relationship with the Government.

    b. The Right to Organize and Bargain Collectively.--Unions and 
their leaders were not free to conduct activities without interference 
from the Government. The law provides the right to organize and to 
bargain collectively; in practice the Government did not respect these 
rights. Unions were government-organized institutions that had little 
power, although they did have some influence on health and work safety 
issues.
    The law states that unions may conclude agreements with 
enterprises, but because unions were heavily influenced by the state, 
collective bargaining in any meaningful sense did not occur. The 
Ministry of Labor and Social Protection and the Ministry of Finance, in 
consultation with the Council of the Federation of Trade Unions (CFTU), 
set wages for government employees. In the small private sector, 
management established wages or negotiated them individually with 
persons who contracted for employment. There is no state institution 
responsible for labor arbitration.
    The law neither provides for nor prohibits the right to strike. The 
law gives unions oversight for individual and collective labor 
disputes.
    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, except 
as legal punishment such as for robbery, fraud or tax evasion, or as 
specified by law; however, there were reports that such practices 
occurred, particularly during the cotton harvest, when authorities 
reportedly compelled medical workers, government personnel and others 
to pick cotton.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government did not effectively implement laws and policies to protect 
children from exploitation in the workplace. The national labor code 
establishes the minimum working age at 16 and provides that work must 
not interfere with the studies of those under 18. The law establishes a 
right to a part-time job beginning at age 14, and children with 
permission from their parents may work a maximum of 24 hours per week 
when school is not in session and 12 hours per week when school is in 
session. Children between the ages of 16 and 18 may work 36 hours per 
week while school is not in session and 18 hours per week while school 
is in session. Children as young as seven or eight worked in family 
businesses in cities during school holidays and vacations, and children 
also worked in street vending, services, construction, building 
materials manufacturing, and transportation.
    Uzbekistan adopted legal measures to end child labor during the 
annual cotton harvest. In April the Government voted to adopt 
International Labor Organization (ILO) Conventions 182 (On the Worst 
Forms of Child Labor) and 138 (On the Minimum Age of Employment). The 
ILO has so far recognized Uzbekistan's adoption of Convention 182, but 
not of Convention 138.
    In September the Government adopted a national action plan on 
implementation of the ILO Conventions, which called for abolishing the 
mobilization of children for the annual cotton harvest. The Prime 
Minister reportedly warned regional governors not to mobilize children 
``under any circumstances,'' and the Ministry of Labor also delivered a 
letter to Ministry of Public Education and the Association of Farmers 
on the illegality of mobilizing children for the cotton harvest. A 2001 
government decree already prohibited those under age 18 from engaging 
in manual cotton harvesting and other jobs with unhealthy working 
conditions.
    During the cotton harvest, the large-scale compulsory mobilization 
of students under 18 years of age continued in many rural areas. Such 
labor was poorly paid and living conditions were often poor. Unlike in 
previous years, authorities initially appeared to have made a concerted 
effort to prevent students under the age of 16 at schools from being 
mobilized. Field observations by international organizations indicated 
that early in the harvesting season there were fewer schoolchildren 
picking cotton than in previous years; however, schoolchildren were 
ultimately mobilized in several regions of the country. The age of 
children picking cotton and conditions varied widely by region. The 
vast majority of children were older than 11, but children as young as 
nine were observed picking cotton in some areas. College and university 
students, including those between the ages of 16 and 18, were also 
mobilized for the cotton harvest in most regions of the country.
    There are no reliable figures and few dependable sources of 
information regarding the true extent of child labor in the country. 
The latest available statistics from 2006 on the percentage of children 
involved in labor ranged from 2-19 percent. Some children observed 
picking cotton were doing so alongside their parents. Most children 
picking cotton in southern Kazakhstan were Uzbek children who traveled 
there with their parents.
    Current legislation does not explicitly provide jurisdiction for 
inspectors from the Ministry of Labor and Social Protection to focus on 
child labor enforcement. Enforcement of child labor laws is under the 
jurisdiction of the Ministry of Labor, the prosecutor general, and the 
MOI and its general criminal investigators. An Interagency Working 
Group on Child Labor, launched in 2006 with help from the ILO, serves 
as a national forum for addressing child labor issues.
    The law provides both criminal and administrative sanctions against 
violators, but authorities did not punish violations related to the 
cotton harvest, and there were no reports of inspections resulting in 
prosecutions or administrative sanctions. Enforcement was lacking due 
in part to long-standing societal acceptance of child labor as a method 
of cotton harvesting.

    e. Acceptable Conditions of Work.--The Ministry of Labor and Social 
Protection, in consultation with the CFTU, sets and enforces the 
minimum wage. The minimum wage was approximately 25,040 soum 
(approximately $18) per month, which did not provide a decent standard 
of living for a worker and family.
    The law establishes a standard workweek of 40 hours and requires a 
24-hour rest period. Overtime pay exists in theory, but it was rarely 
paid in practice.
    The Ministry of Labor and Social Protection establishes and 
enforces occupational health and safety standards in consultation with 
unions. Reports suggested that enforcement was not effective. The press 
occasionally published complaints over the failure of unions and the 
Government to promote worker safety. While regulations provide for 
safeguards, workers in hazardous jobs often lacked protective clothing 
and equipment. Workers legally may remove themselves from hazardous 
work without jeopardizing their employment, although few workers, if 
any, attempted to exercise this right, as it was not effectively 
enforced. In July 2007 the country signed bilateral labor migration 
agreements with Russia to increase protections on a range of labor 
rights for the country's labor migrants. Under the new agreement, Uzbek 
citizens can apply through the Agency on External Labor Migration to 
receive permits to work legally in Russia. As of September over 1,000 
persons have taken advantage of the program to work in Russia's 
agriculture and construction sectors. However, this is just a small 
fraction of the estimated more than one million Uzbek citizens already 
working in Russia, mostly illegally. The Agency also has enabled over 
3,000 Uzbek citizens to legally work in South Korea. In addition, the 
Tashkent Employment Bureau reportedly has established ties with Poland 
enabling Uzbek citizens to travel there legally to work in 
construction.

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                           WESTERN HEMISPHERE

                              ----------                              


                          ANTIGUA AND BARBUDA

    Antigua and Barbuda is a multiparty, parliamentary democracy with a 
population of approximately 100,000. In the 2004 parliamentary 
elections, which observers described as generally free and fair, the 
United Progressive Party (UPP) defeated the ruling Antigua Labour Party 
(ALP), and Baldwin Spencer became prime minister. Civilian authorities 
generally maintained effective control of the security forces.
    While the Government generally respected the human rights of its 
citizens, there were problems in a few areas, including excessive use 
of force by police, poor prison conditions, violation of press 
freedoms, societal discrimination and violence against women, and 
sexual abuse 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.--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 specifically prohibits such practices, 
and the authorities generally respected these prohibitions in practice. 
Nonetheless, there were occasional reports of police brutality, 
corruption, excessive force, discrimination against homosexuals, and 
allegations of abuse by prison guards.
    In May authorities placed a police officer on administrative leave 
for the beating of a 17-year-old. The deputy police commissioner 
promised an investigation, and the case was pending at year's end.
    A court convicted one of two police officers who shot the husband 
in a domestic disturbance in 2006; final sentencing was pending at 
year's end.

    Prison and Detention Center Conditions.--Prison conditions were 
very poor. Her Majesty's Prison, the country's only prison, was 
overcrowded, did not have toilet facilities, and slop pails were used 
in all 122 cells. It held 229 convicted prisoners at year's end.
    Prison overcrowding was attributed in part to a law that limited 
the ability of magistrates to grant bail to those accused of certain 
offenses. This resulted in an increase in the number of persons held on 
remand or awaiting trial. Due to space limitations, authorities 
sometimes held persons on remand together with convicted prisoners.
    Female prisoners were held in a separate section and were not 
subject to the same problems encountered in the men's prison.
    Juveniles were held with adult inmates.
    The Government permitted prison visits by independent human rights 
observers, although no such visits were known to have occurred.

    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.--Security forces consist 
of a police force, the small Antigua and Barbuda Defence Force, and the 
Office of National Drug Control Policy, which coordinates law 
enforcement and prosecutorial action to counter narcotics trafficking. 
The police force comprised more than 715 officers, 147 of whom were 
part of the country's fire brigade, and 568 police officers. The police 
force is male dominated, but the number of female officers increased to 
120. In October Thomas Bennet replaced Gary Nelson as police 
commissioner. Bennet was the last of a group of former Royal Canadian 
Mounted Police officers, including Nelson, brought in to help 
professionalize the police force and combat corruption.
    The police discipline department, which investigates complaints 
against the police, is headed by the deputy police commissioner and 
decides whether an investigation is conducted. The police fall under 
the prime minister's area of responsibility, and he can call for an 
independent investigation into an incident as needed. In the wake of a 
number of drug-related gang murders that took place in 2007, the prime 
minister deployed the Defence Force to assist the police, established a 
midnight curfew for minors, extended hours for local police stations, 
and instituted random stops of pedestrians and motorists.

    Arrest and Detention.--The law permits police to arrest without a 
warrant persons suspected of committing a crime. Criminal defendants 
have the right to a prompt judicial determination of the legality of 
their detention. The police must bring detainees before a court within 
48 hours of arrest or detention. Criminal detainees were allowed prompt 
access to counsel and family members. The bail system requires those 
accused of more serious crimes to appeal to the High Court for bail, 
taking this responsibility away from the lower court magistrates.

    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 is part of the Eastern Caribbean legal system 
and reflects historical ties to the United Kingdom. The first level is 
the magistrate's court, followed by the court of appeals and the High 
Court. The constitution designates the Privy Council in the United 
Kingdom as the final court of appeal, which is always employed in the 
case of death sentences.

    Trial Procedures.--The constitution provides that criminal 
defendants should receive a fair, open, and public trial, and an 
independent judiciary generally enforced this right. Trials are by 
jury. Defendants enjoy a presumption of innocence, have timely access 
to counsel, may confront or question witnesses, and have the right to 
appeal. In capital cases only, the Government provides legal assistance 
at public expense to persons without the means to retain a private 
attorney. Courts often reached verdicts quickly, with some cases coming 
to conclusion in a matter of days.

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

    Civil Judicial Procedures and Remedies.--A court of summary 
jurisdiction, which sits without a jury, deals with civil cases 
involving sums of up to EC$1,500 ($550); three magistrate's courts deal 
with summary offenses and civil cases of not more than EC$500 ($185) in 
value. Persons may apply to the High Court for redress of alleged 
violations of their constitutional rights.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
    In June 2007 the Privy Council rejected an appeal by the former 
owner of property expropriated by the Government in 2002. (The owner 
alleged abuse of power, harassment, and threats by the Government to 
acquire the property.) At year's end the Government had not provided 
prompt, adequate, and effective compensation to the claimant, as 
stipulated under law, and was seeking to sell the property to a third 
party, prior to settling with the previous owner.
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 respected these 
rights on a somewhat limited basis. Although privately-owned print 
media, including daily and weekly newspapers, were active and offered a 
range of opinion, there were reports that criticism of the Government 
was met with government harassment, and in at least one case by legal 
action.
    There was no information available about any legal action taken by 
the two journalists working for media outlets critical of the 
Government, whom the Government deported in June 2007, and who 
reportedly intended to pursue the matter with authorities. Reporters 
Without Borders and the Association of the Caribbean Media criticized 
the Government for expelling them, noting that both were citizens of 
Caribbean Community countries that have agreements allowing for the 
free movement of media workers.
    There was continued tension between the Government and ZDK Radio, 
which is owned by the family of Lester Bird, the former prime minister 
and leader of the opposition ALP.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that 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.--Rastafarians complained of 
discrimination, especially in hiring and in schools. There were no 
other 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/rls/irf.

    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 law prohibits forced exile, and the Government did not use it 
in practice.

    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, 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 a country where their lives or freedom would be 
threatened.
    The Government did not grant refugee status or asylum 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, but normally the Government 
immediately deported foreigners who could not provide legal 
documentation.
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.--In the 2004 elections, the 
opposition UPP won 12 of 17 seats in the House of Representatives and 
55 percent of the popular vote. Members of a Commonwealth observer 
group reported that the elections were free and fair. UPP leader 
Baldwin Spencer replaced Lester Bird, whose ALP had held power 
continuously since 1976.
    There were three women in the 17-seat House of Representatives and 
two women appointed to the 17-seat Senate. The governor general, the 
speaker of the House of Representatives, and the president of the 
Senate, all appointed positions, were women. There were two women in 
the cabinet.
    There was one member of a minority in 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. No information was available 
about the results of investigations of former ALP officials by a 
Special Task Force on Crime and Corruption established after the 2004 
elections. Investigation targets included the former prime minister, a 
former finance minister, and a former ambassador.
    The Integrity in Public Life Act requires public officials to 
disclose all income, assets (including those of spouses and children), 
and personal gifts while in public office. The law established an 
Integrity Commission, appointed by the governor general, to receive and 
investigate complaints regarding noncompliance with or contravention of 
any provisions of this law or the Prevention of Corruption Act.
    The Freedom of Information Act gives citizens the statutory right 
to access official documents from public authorities and agencies, and 
it created a commissioner to oversee the process. In practice citizens 
found it difficult to obtain documents, possibly due to government 
funding constraints rather than obstruction.
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.
    There is an ombudsman, an independent authority appointed by the 
prime minister, to deal with complaints about the police and other 
government officials. However, the office lacks the resources to 
provide effective oversight for the entire government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, sex, 
creed, language, or social status, and the Government generally 
respected these prohibitions in practice.

    Women.--Rape, including spousal rape, is illegal and carries 
maximum sentences (rarely imposed) ranging from 10 years' to life 
imprisonment. As many as four rapes were reported every month. The 
directorate of gender affairs, part of the Ministry of Labor, Public 
Administration, and Empowerment, established and publicized a crisis 
hotline for victims and witnesses to sexual assault. When rape cases 
are reported to the police, a female police officer accompanies the 
victim for both questioning and medical examinations. Once the doctor's 
report is completed, an investigation commences. If a suspect is 
arrested, he is placed in a line-up and must be identified by the 
victim face to face, without the use of a one-way mirror. There were 45 
rape cases, of which 15 led to prosecution, during the year. In 
situations where the victim did not know her assailant, the cases 
rarely made it to trial. At year's end the Government was working with 
a task force from Canada to target suspected serial rapists.
    Violence against women, including spousal abuse, was a problem. The 
law prohibits and provides penalties for domestic violence, but many 
women were reluctant to testify against their abusers. The directorate 
of gender affairs operated a domestic violence program that included 
training for police officers, magistrates, and judges. The directorate 
also ran a domestic abuse hotline and worked with a nongovernmental 
organization (NGO) to provide safe havens for abused women and 
children. Services for victims of domestic violence included counseling 
and an advocacy case worker who accompanied the victim to the hospital 
and police station.
    Prostitution is prohibited, but it remained a problem. There were a 
number of brothels that catered primarily to the local population.
    Sexual harassment is illegal, but it was rarely prosecuted.
    According to the Labor Department, there was a high incidence of 
sexual harassment incurred by employees in both the private and public 
sectors. However, only five cases were formally reported during the 
year; the small number was believed to result from concerns about 
retaliation.
    While the role of women in society is not restricted legally, 
economic conditions in rural areas tended to limit women to home and 
family, although some women worked as domestics, in agriculture, or in 
the large tourism sector. Women were well represented in the public 
sector, accounting for 54 percent of the public service and more than 
half of the permanent secretaries-the most senior level in each 
government department. In addition 41 percent of bar association 
members were women. There was no legislation requiring equal pay for 
equal work, but women faced no restrictions involving ownership of 
property.
    The Professional Organization for Women of Antigua is a networking 
and resource group for professional women that held seminars for women 
entering the workforce.

    Children.--While the Government repeatedly expressed its commitment 
to children's rights, in practice its efforts to protect those rights 
were limited. Schools faced many shortages, and parents typically 
provided desks, chairs, and uniforms, and often purchased books.
    Child abuse remained a problem. The press reported regularly on the 
rape and sexual abuse of children. Adult men having regular sexual 
relations with young girls was also a problem. According to one 
regional human rights group, the girls were often the daughters of 
single mothers with whom the perpetrators also had regular sexual 
relations.

    Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons, and there were occasional reports of 
trafficking in women to the country. There were a number of brothels, 
which were staffed mostly by women from various Caribbean countries who 
traveled to the country as ``entertainers'' or ``dancers.'' In some 
cases brothel owners reportedly retained their documents to exert 
influence over the victims. However, authorities usually deported the 
women immediately, before information on possible trafficking could be 
obtained.
    There were two known cases during the year in which persons were 
trafficked to the country to work in local brothels. Authorities 
deported one victim and the other voluntarily returned to her home 
country with the support of the Bureau of Gender Affairs. In neither 
case were charges brought against the brothel owners.
    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 discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services. Although the 
constitution contains antidiscrimination provisions, no specific laws 
prohibit discrimination against, or mandate accessibility for, persons 
with disabilities.

    Other Societal Abuses and Discrimination.--There were no reports of 
violence or discrimination based on sexual orientation.
    There were no reports of violence or discrimination directed toward 
persons with HIV/AIDS. The Ministry of Health supported local NGO 
efforts to register human rights complaints and seek assistance related 
to cases of discrimination against those with HIV/AIDS. The Ministry of 
Labor encouraged employers to be more sensitive to employees with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to associate 
freely and to form labor unions. Approximately 60 percent of workers in 
the formal sector belonged to a union.
    The labor code provides for the right to strike, but the Industrial 
Relations Court may limit this right in a given dispute. Workers who 
provide essential services (including bus, telephone, port, petroleum, 
health, and safety workers) must give 21 days' notice of intent to 
strike. Once either party to a dispute requests that the court mediate, 
strikes are prohibited under penalty of imprisonment. Because of the 
delays associated with this process, unions often resolved labor 
disputes before a strike was called. In addition an injunction may be 
issued against a legal strike when the national interest is threatened 
or affected.
    After hearings held by the Industrial Relations Court on the 2005 
firing of nine pilots and five flight attendants who organized a union 
to represent employees of Caribbean Star Airlines, the airline merged 
with another airline and its pilots were unionized and able to strike.

    b. The Right to Organize and Bargain Collectively.--The law allows 
labor organizations to organize and bargain collectively without 
interference, and the Government protected this right. The law 
prohibits antiunion discrimination by employers but does not 
specifically require reinstatement of workers illegally fired for union 
activity, although a court could impose it.
    The labor code applied equally to workers in the country's free 
trade 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 stipulates a minimum working age of 16 years, which corresponds 
with the provisions of the Education Act. In addition persons under 18 
years of age must have a medical clearance to work and may not work 
later than 10 p.m. The Ministry of Labor, which is required by law to 
conduct periodic inspections of workplaces, effectively enforced this 
law. The labor commissioner's office also had an inspectorate that 
investigated exploitive child labor matters.

    e. Acceptable Conditions of Work.--The labor code provides that the 
minister of labor may issue orders, which have the force of law, to 
establish a minimum wage. Tripartite consultations were held when the 
minimum wage was set. The minimum wage was EC$7.00 ($2.59) an hour for 
all categories of labor, which provided a barely adequate standard of 
living for a worker and family. In practice the great majority of 
workers earned substantially more than the minimum wage.
    The law provides that workers are not required to work more than a 
48-hour, six-day workweek, but in practice the standard workweek was 40 
hours in five days. Laws provide for overtime work in excess of the 
standard workweek; excessive or compulsory overtime is not specifically 
prohibited.
    Although the Government had not developed occupational health and 
safety laws or regulations apart from those regarding child labor, the 
labor code includes provisions regarding occupational safety and 
health. While not specifically provided for by law, in practice workers 
could leave a dangerous workplace situation without jeopardy to 
continued employment.

                               __________

                               ARGENTINA

    Argentina is a federal constitutional republic with a population of 
approximately 40.1 million. In October 2007 the country held national 
presidential and legislative elections, and voters elected President 
Cristina Fernandez de Kirchner in generally free and fair multiparty 
elections. Civilian authorities generally maintained effective control 
of the security forces.
    While the Government generally respected the human rights of its 
citizens, the following human rights problems were reported: killings 
and use of excessive force by police or security forces; police and 
prison guard abuse and alleged torture of suspects and prisoners; 
overcrowded, substandard, and life-threatening prison and jail 
conditions; occasional arbitrary arrest and detention; prolonged 
pretrial detention; continued weak judicial independence; official 
corruption; domestic violence against women; trafficking in persons for 
sexual and labor exploitation, primarily within the country; and child 
labor.
    During the year, the Government convicted several perpetrators of 
human rights abuses committed during the 1976 83 military dictatorship 
and continued trials that were suspended in 1989 90 when the Government 
pardoned such perpetrators.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--While the Government 
or its agents did not commit any politically motivated killings, there 
were reports that police committed killings involving unwarranted or 
excessive force. Generally, officers accused of wrongdoing were 
administratively suspended until completion of an investigation. 
Authorities investigated and in some cases detained, prosecuted, and 
convicted the officers involved.
    The nongovernmental organization (NGO) Coordinator Against Police 
Repression (CORREPI) reported that security forces using excessive 
force killed more than 200 persons each year.
    In January local victim advocacy organization Madres del Dolor 
filed a court case accusing two policemen of killing 21-year-old Sergio 
Enciso in Buenos Aires Province. The case remained pending at year's 
end.
    According to Madres del Dolor, a judge detained five police 
officers and the police chief of Ramos Mejia in Buenos Aires Province 
for the February death of 35-year-old Gaston Duffau after an official 
autopsy confirmed that the victim died from multiple blows to the body 
and asphyxia. The police officials involved remained in pretrial 
detention at year's end.
    There were no known developments in the case of Carlos Madrid, an 
off duty Buenos Aires police sergeant, who was in pretrial detention 
for the November 2007 killing of Daniel Ezequiel Cespedes.
    In July a court sentenced police officer Dario Poblete to life 
imprisonment for the April 2007 killing of school teacher Carlos 
Fuentealba during a teachers' strike in Neuquen.
    In September a Jujuy provincial court sentenced one police officer 
to life imprisonment and another to four years in prison for the 2006 
death of Saul Mendoza. The court acquitted a third officer and 
continued to investigate a fourth.
    There were no known developments in the trial of two former police 
officers and a civilian charged with homicide in the 2006 beating and 
shooting death of 15 year old Miguel Eduardo Cardozo.
    Human rights groups stated to the press that ex-police officer 
Marta Jorgelina Oviedo was serving her life imprisonment sentence for 
the 2002 killing of Andrea Viera under house arrest.
    In August the Government, as recommended by the Inter American 
Court on Human Rights in 2003, reopened an investigation into the 1991 
killing by police forces of Walter Bulacio. The trial remained pending 
at year's end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Judicial proceedings related to killings, disappearances, and 
torture committed by the 1976 83 military dictatorship continued. 
According to the human rights organization the Center for Legal and 
Social Studies (CELS), there were 255 ongoing judicial investigations 
and an estimated 508 persons indicted for crimes against humanity 
committed during the Dirty War era. Of those indicted, 358 remained in 
pretrial detention. At least 14 former state security agents and their 
civilian allies were convicted of human rights crimes, including forced 
disappearances and kidnappings. A November Noticias Argentinas press 
report, compiling information provided by the National Prosecutor 
General's Office, stated that 32 individuals had been convicted for 
crimes against humanity since 2003, 371 suspects remained in pretrial 
detention, and 61 persons remained fugitives from justice. In March a 
federal court decided that crimes committed by the Argentine Anti 
Communism Alliance before and during the military dictatorship were 
crimes against humanity and therefore not subject to the statute of 
limitations.
    The press, civil society, and legal scholars expressed concern that 
the Government's efforts to pursue justice for human rights crimes 
committed during the military dictatorship did not include armed 
guerrilla groups that also were accused of committing abuses during the 
same time period.
    In January a court released the wife and two children of former 
naval official Hector Febres, who died of cyanide poisoning in prison 
while facing charges of torture. They still faced charges on suspicion 
that they helped Febres commit suicide. In March a federal court 
released two Coast Guard constables who were arrested in connection 
with the case.
    In March the National Human Rights Secretariat pressed homicide 
charges against former economy minister Jose Martinez de Hoz, who 
served under the military dictatorship, for the death of economist Juan 
Carlos Casariego Del Bel.
    In March former navy lieutenant commander Ricardo Cavallo was 
extradited from Spain to Argentina to face charges of crimes against 
humanity committed during the military dictatorship. Cavallo was 
indicted in July and remained in pretrial detention at year's end.
    In May federal authorities indicted Ernesto Barreiro for his role 
in committing human rights abuses during the military dictatorship, 
when he served as an army officer and chief interrogator at the La 
Perla clandestine torture center. He remained in pretrial detention at 
year's end.
    In April former police officers Fernando Esvedes and Carlos 
Vercellone were arrested for their alleged role in political 
kidnappings and torture in the clandestine detention center Pozo de 
Arana during the military dictatorship, and their trial remained 
pending at year's end.
    In July former army chief Luciano Benjamin Menendez and former army 
officials Oreste Valentin Padovan, Ricardo Alberto Ramon Lardone, 
Carlos Alberto Diaz, and Luis Alberto Manzanelli were sentenced to life 
imprisonment for human rights violations committed during the military 
dictatorship. Former army officials Hermes Oscar Rodriguez, Jorge 
Exequiel Acosta, and Carlos Alberto Vega received sentences ranging 
from 18 to 22 years' imprisonment.
    In August former army lieutenant colonel Julio Rafael Barreiro was 
sentenced to life imprisonment, while former captain Juan Carlos de 
Marchi and former colonel Horacio Losito were sentenced to 25 years' 
imprisonment for their role in human rights violations during the 
military dictatorship. Former gendarmerie commander Raul Alfredo 
Reynoso was sentenced to 18 years.
    In August a human rights trial against former brigadier general 
Enrique Braulio Olea, former colonels Oscar Lorenzo Reinhold and Mario 
Alberto Gomez Arenas, former major Luis Alberto Farias Barrera, former 
military officers Jorge Eduardo Molina Ezcurra and Sergio Adolfo San 
Martin, and doctor Hilarion de la Paz Sosa began in Neuquen Province. 
The former military officials were accused of 17 counts of crimes 
against humanity committed during the military dictatorship.
    In September a federal judge resumed an investigation into the 1973 
killing of General Labor Confederation leader Jose Ignacio Rucci, in 
which the armed guerrilla group, the Montoneros, was believed to have 
been involved.
    In October federal authorities indicted former National University 
Concentration chief Eduardo Cincotta, former member Nicolas Cafarello, 
three former air force officials, and former army colonel Roberto 
Atilio Bocalandro for human rights crimes committed in the clandestine 
detention center La Cueva in Mar del Plata. They remained in pretrial 
detention at year's end.
    In October former army officials Alberto Barda, Hipolito Mariani, 
and Cesar Comes received sentences ranging from 25 years' to life 
imprisonment for human rights violations committed in the clandestine 
detention centers of Mansion Sere and La Cueva.
    In December the Court of Criminal Appeals ordered that 21 military 
officials accused of human rights violations during the military 
dictatorship be freed on bail, including two of the most notorious 
suspects, ex-naval captains Alfredo Astiz and Jorge Acosta. The three-
judge panel noted that the men had spent more than five years in 
detention without a trial, far in excess of the two-year legal limit 
for pretrial detention. The prosecutors, CELS, and the Grandmothers of 
the Plaza de Mayo subsequently appealed the decision, and the officers 
remained in detention pending a Supreme Court decision. The Government 
sought to impeach the judges who ordered the release.
    There were no developments in the 2006 missing persons case of 
Jorge Julio Lopez, a key witness in the case against Miguel 
Etchecolatz, former commissioner general of the Buenos Aires Province 
police.
    Judicial authorities continued to investigate cases of kidnapping 
and illegal adoption by members of the former military dictatorship of 
children born to detained dissidents. At year's end, 96 of an estimated 
500 persons born to detained and disappeared dissidents and illegally 
adopted had been identified and made aware of their true backgrounds.
    In April a court sentenced a military official to 10 years in 
prison for his role in facilitating the illegal adoption of Maria 
Eugenia Sampallo Barragan, the daughter of political dissidents killed 
during the military dictatorship. This was the first case of its kind, 
and Sampallo's adoptive parents were sentenced to seven and eight 
years' imprisonment.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the law prohibits such practices and provides 
penalties for torture similar to those for homicide, there were reports 
that some police and prison guards continued to employ torture and 
brutality. CELS reported police brutality and occasional alleged 
torture of suspects, particularly during prison transfers. While the 
Government investigated such reports, there were few convictions.
    According to CELS, a prison detainee in the Olmos, Buenos Aires, 
provincial prison asserted he had received knife injuries from a senior 
prison official in the presence of another prison official. A detainee 
in the Sierra Chica Prison in Buenos Aires Province filed a complaint 
for being subjected to solitary confinement for 45 days with no clothes 
or food. A 17-year-old minor also filed a complaint alleging that 
police agents in a police station in Hurlingham, Buenos Aires Province, 
subjected him to electrical shocks.
    Two lower ranking navy officials and a civilian remained in 
pretrial detention for the 2006 kidnapping, beating, torture, and 
killing of 15 year old Lucas Ivarrola, who was accused of stealing a 
television set. A trial date had not been set by year's end.

    Prison and Detention Center Conditions.--Prison conditions often 
were poor and life threatening. Inmates in many facilities suffered 
from extreme overcrowding, poor nutrition, inadequate medical and 
psychological treatment, inadequate sanitation, limited family visits, 
and frequent inhuman and degrading treatment, according to various 
reports by human rights organizations and research centers. The 
research center Unidos por la Justicia estimated prison overcrowding at 
20 percent nationwide, while credible press reports estimated prison 
overcrowding in Buenos Aires Province exceeded 25 percent.
    The Buenos Aires Provincial Memory Commission's Committee Against 
Torture reported that, during the first 11 months of the year in Buenos 
Aires provincial prisons, there were 86 prisoner deaths and 5,169 
violent incidents, resulting in injuries to 4,800 prisoners. According 
to an earlier report from the committee covering the first half of the 
year, authorities repressed violent incidents with rubber bullets and 
sticks on 564 occasions. The committee attributed the violence to 
inmate attacks on fellow prisoners and on prison officials. The 
committee also criticized the provincial prison health-care system.
    In April federal criminal prosecutor Francisco Mugnolo filed a case 
with the Supreme Court arguing that inadequate federal control over 
federal prisons resulted in human rights violations and torture of some 
prisoners. He also released a report claiming that 63 percent of 
federal prisoners in the second half of 2007 had experienced physical 
aggression.
    Also in April, Alfredo Emiliano Fleitas, a prisoner in Villa Devoto 
Prison, petitioned the courts for a writ of habeas corpus after having 
been beaten by prison guards in February during a transfer to Ezeiza 
Prison. Fleitas was hospitalized as a result of his injuries and 
underwent surgery to restore his vision. In August the Buenos Aires 
Provincial Supreme Court ordered the Provincial Criminal Court of 
Appeals to decide a collective habeas corpus case filed by CELS on 
behalf of provincial prisoners who were subject to mistreatment and 
violence during prison transfers.
    While women were held separately from men, the law permits children 
to stay in prison with their mothers until age four. Press reports 
estimated that 86 children under the age of four lived with their 
mothers in federal prisons, with an additional 75 in Buenos Aires 
provincial prisons. In general men's prisons were more violent, 
dangerous, and crowded than the women's prisons.
    Overcrowding in juvenile facilities often resulted in minors being 
held in police station facilities, although separate from adult 
detainees. According to a 2007 UN Children's Fund and National 
Secretariat for Human Rights report, these institutions held 
approximately 20,000 children, 20 percent of whom were under age 16. 
The overwhelming majority had not committed a crime; rather, they were 
abandoned by their families or considered ``at risk'' for other 
reasons.
    Pretrial detainees often were held with convicted prisoners. CELS 
estimated that 53 percent of those in federal prison were awaiting 
trial.
    In November the Buenos Aires Provincial Court initiated trial 
proceedings in the case against Buenos Aires Magdalena Provincial 
Prison Director Carlos Tejeda and 15 prison guards and officials 
accused of abandoning prisoners in a 2005 fire that killed 33 
prisoners.
    The Government permitted prison visits by local and international 
human rights observers, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions; however, police reportedly arrested and detained citizens 
arbitrarily on occasion.

    Role of the Police and Security Apparatus.--The Federal Police have 
jurisdiction for maintaining law and order in the federal capital and 
for federal crimes in the provinces. Other federal police authorities 
include the Airport Security Police, the Gendarmerie, the Coast Guard, 
and the Bureau of Prisons. Additionally, each province has its own 
police force that responds to a provincial security ministry or 
secretariat. Individual forces varied considerably in their 
effectiveness and respect for human rights. Corruption was widespread 
in some forces, and internal controls to counter police abuses were 
weak.
    The most frequent abuses included extortion of, and protection for, 
those involved in drug trafficking, prostitution, and trafficking in 
persons.
    The federal security forces have the authority to conduct internal 
investigations into alleged abuses and to fire individuals who have 
allegedly committed a human rights violation. The Federal Government 
can also file complaints with the federal courts; provincial 
governments may do the same for provincial security forces. Members of 
security forces convicted of a crime were subject to stiff penalties.
    During the year, authorities in Buenos Aires Province removed more 
than 700 police officers for corruption and other offenses.

    Arrest and Detention.--Police may detain suspects for up to 10 
hours without an arrest warrant if the authorities have a well founded 
belief that the suspects have committed, or are about to commit, a 
crime or are unable to determine the suspected person's identity. Human 
rights groups reported that the police often detained suspects longer 
than 10 hours.
    The law provides a person in detention with the right to a prompt 
determination of the legality of the detention, which entails 
appearance before a criminal lower court judge, who determines whether 
to proceed with an investigation. There were frequent delays in this 
process and in informing detainees of the charges against them.
    The law provides for the right to bail, except in cases involving 
narcotics, violent crimes, and firearms violations. Although the bail 
system was used, civil rights groups claimed that judges were more 
likely to order the holding of indicted suspects in preventive or 
pretrial detention than to allow suspects to remain free pending their 
trial.
    In November the highest penal court broadly ruled that pretrial 
detention should be the exception to the rule, except in cases where a 
suspect represents a flight risk or may act to obstruct justice.
    Detainees were allowed prompt access to counsel, and public 
defenders were provided for detainees unable to afford counsel, 
although such access sometimes was delayed due to an overburdened 
system. Strong demand and a lack of resources for the Public Defender's 
Office resulted in an excessive caseload for public defense attorneys. 
Although there were no official statistics on the percentage of 
detainees requesting public defense attorneys, human rights 
organizations estimated that 80 percent requested public defense 
attorneys. Detainees also were allowed access to family members, 
although not always promptly.
    The law provides for investigative detention of up to two years for 
indicted persons awaiting or undergoing trial; the period may be 
extended for one year in limited situations. The slow pace of the 
justice system often resulted in lengthy detentions beyond the period 
stipulated by law. CELS reported that prisoners waited an average of 
three years to be tried, with some cases taking as long as six years to 
go to trial. A convicted prisoner usually received credit for time 
already served.
    In Buenos Aires Province, provisional statistics from CELS 
indicated that nearly 75 percent of detainees were in pretrial 
detention, while the Buenos Aires Provincial Memory Commission 
Committee Against Torture reported that 78 percent of the approximately 
26,000 detainees in provincial prisons were awaiting trial. According 
to several human rights organizations, 30 percent of pretrial detainees 
were eventually acquitted.
    According to the Memory Commission's committee, there were 
approximately 6,500 complaints of human rights violations against 
juvenile detainees in provincial prisons and juvenile detention 
facilities, the majority of which were pending investigation.
    In July the Buenos Aires Provincial Supreme Court inaugurated an ad 
hoc juvenile justice system, which operated in eight out of 18 
provincial districts. It provides minors age 16 to 18 the same 
procedural rights as adults and limits sentences to 180 days in prison.
    In August the minister of justice announced that he had instructed 
police forces to conform standard operating procedures for arresting 
minors to international standards; however, by year's end, there was no 
information on application of procedures.

    e. Denial of Fair Public Trial.--The law provides for the right to 
a fair trial, and the judiciary generally enforced this right. However, 
there were complaints that some lower court federal judges, provincial 
judges, and judicial personnel were inefficient and at times subject to 
political manipulation. Justice organizations were particularly 
critical of the lack of independence of lower court judges with federal 
jurisdiction in many provinces.
    The judicial system was hampered by inordinate delays, procedural 
logjams, changes of judges, inadequate administrative support, and 
general inefficiency caused by remnants of the inquisitorial criminal 
justice system used in federal and many provincial courts. Judges have 
broad discretion as to whether and how to pursue investigations, 
contributing to a public perception that many decisions were arbitrary. 
Allegations of corruption in provincial courts as well as federal 
courts located in the provinces were more frequent than federal courts 
with jurisdiction over the city and province of Buenos Aires, 
reflecting strong connections between the executive and judicial 
branches at the provincial level.
    In May the Congress passed a law establishing a process to appoint 
temporary judges in response to a 2007 Supreme Court order. However, 
legal scholars expressed concern that the law encourages delays in the 
selection of permanent judges and increases the executive branch's 
authority to appoint temporary judges without public vetting. At year's 
end, there were 160 vacant judgeships nationwide. There were some 
criticisms in the press that interim judges were subject to political 
manipulation due to the temporary nature of their position.
    The judicial system is divided into federal and provincial courts, 
both headed by a supreme court with appellate courts and district 
courts below it. The federal courts are divided between the criminal 
and civil courts.
    In August the Congress voted to abolish the military justice 
system, thus making members of the military subject to civil 
proceedings for crimes committed during peacetime and to a new military 
disciplinary code for infractions of military rules.

    Trial Procedures.--Trials are public, and defendants have the right 
to legal counsel and to call defense witnesses in the federal and some 
provincial courts that have an accusatory system of criminal justice. 
If needed, a public defender is provided at public expense when 
defendants face serious criminal charges. During the investigative 
stage, defendants can submit questions in writing to the investigating 
judge. A panel of judges decides guilt or innocence. Federal and 
provincial courts continued the transition to trials with oral 
arguments in criminal cases, replacing the old system of written 
submissions. Although the 1994 constitution provides for trial by jury, 
implementing legislation had not been passed by year's end. In Cordoba 
Province, however, defendants accused of certain serious crimes have 
the right to a trial by jury. Lengthy delays in trials were a 
nationwide problem, with many cases taking five or more years to 
resolve. Defendants are presumed innocent and have the right to appeal, 
as do prosecutors. Minors under age 16 cannot be criminally prosecuted. 
By law defendants and attorneys have access to government held 
evidence, but they may experience significant obstacles or delays in 
obtaining such evidence.
    The human rights organization Fundacion Sur noted that the country 
lacked a separate juvenile justice system that affords adolescents due 
process protections and the right to a legal defense in criminal cases 
and expressed concern that the broad discretion judges have in such 
cases increased the possibility of arbitrary rulings. The age of legal 
liability is 16, and Fundacion Sur asserted that 16- and 17-year-old 
offenders frequently were transferred to adult criminal courts or held 
in juvenile detention centers for longer periods than warranted by 
their offenses. A December Supreme Court decision found that the 
country's juvenile justice system did not comply with international 
conventions and highlighted the need for the legislative branch to 
remedy the situation.

    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 anyone may bring lawsuits 
seeking damages or the protection of rights provided by the 
constitution.
    Government agencies, professional bar associations, universities, 
and NGOs provide free legal counseling and may represent indigent 
persons before civil courts as well as assist them in alternative 
dispute resolution proceedings.

    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 can criticize the Government publicly or privately, but 
there are criminal penalties, including prison sentences, for libel and 
slander, and government officials have sought to use these against the 
political opposition and other critics. The Government pressed criminal 
libel and slander charges against Elisa Carrio, head of the opposition 
Civic Coalition party, for accusing officials in 2004 of corruption. In 
September Carrio won a civil case brought by the son of a deceased 
Peronist leader whom she accused of being involved in official 
corruption, murder, and drug trafficking; it was the second such case 
she had won.
    In December security forces arrested 26 ``neo-Nazis,'' including 
four minors, on discrimination charges for conducting a ceremony to 
commemorate the death of World War II German naval captain Hans 
Langsdorff. All individuals subsequently were released but still faced 
discrimination charges.
    The independent media were numerous and active and expressed a wide 
variety of views without restriction.
    Numerous FM radio stations continued to broadcast with temporary 
licenses pending conclusion of a licensing normalization process.
    In August AM radio signal Radio Continental, which had been 
critical of the Government, filed a complaint before the Federal 
Broadcasting Committee (COMFER) for its decision to suspend its FM 
broadcast. Although the complaint was not resolved by year's end, 
COMFER did not enforce its decision, and the station continued to 
broadcast on the FM frequency.
    In August the Association for Civil Rights and the Open Society 
Justice Initiative published a report alleging that the Government's 
allocation of state advertising funds affected press freedom. The 
report claimed that the Government abused the distribution of state 
advertising to benefit or punish the press according to the tone of 
their coverage of the administration. This assessment coincided with 
press reports and comments made in private by media organization 
leaders.
    According to the Association for Civil Rights, the Neuquen 
provincial government had not complied by year's end with a 2007 
Supreme Court order to present an official advertising distribution 
plan that would not indirectly curtail freedom of speech. The 2006 
lawsuit lodged by the country's second largest media company, Grupo 
Editorial Perfil, against the Federal Government's use of government 
advertising as a means of indirect censorship remained pending at 
year's end.
    Journalist Sergio Poma died in January while awaiting appeal of a 
September 2007 Salta provincial court decision that sentenced him to a 
one year suspended prison term and barred him from practicing 
journalism for one year for slandering the former governor of Salta.
    In November labor activists from the teamsters union, led by Hugo 
Moyano, vice president of the ruling Peronist Party and leader of the 
General Labor Confederation (CGT), blocked a newspaper distribution 
center jointly run by the country's two leading newspapers, Clarin and 
La Nacion. The union maintained that the protest was technically for 
better wage and working conditions for the teamsters that drive 
newspaper distribution trucks. However, media organizations and the 
opposition criticized the Government failure to break up the blockade 
and called it a direct attack on press freedom; the two newspapers 
filed criminal charges against the perpetrators.

    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 Government's National Statistics and Census Institute, 
there were more than three million residential Internet users.

    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 also states that the Federal Government 
``sustains the apostolic Roman Catholic faith,'' and the Government 
provided the Catholic Church with a variety of subsidies not available 
to other religious groups. Other religious faiths were practiced 
freely.
    In order to hold public worship services, obtain visas for foreign 
missionaries, and obtain tax exempt status, religious organizations 
must register with the Secretariat of Worship in the Ministry of 
Foreign Relations, International Trade, and Worship and report 
periodically to maintain their status.

    Societal Abuses and Discrimination.--Acts of discrimination and 
vandalism against religious minorities, particularly the 300,000 member 
Jewish community, continued. During the year, the Delegation of Israeli 
Argentine Associations (DAIA) received approximately 202 complaints of 
anti Semitic acts. The most commonly reported incidents were 
desecration of Jewish cemeteries, anti Semitic graffiti, verbal slurs, 
and other forms of harassment.
    In August Raul Arenas Vega was sentenced to nine months' 
imprisonment for the 2006 beating of an Orthodox Jewish teenager in 
Buenos Aires.
    The investigation continued into the 1994 bombing of the Argentine 
Jewish Mutual Aid Association (AMIA) building in Buenos Aires that 
killed 85 persons. In May a federal prosecutor called for the 
indictment of former President Carlos Menem, former federal judge Juan 
Galeano, and others for their alleged role in covering up and 
protecting those involved in the attack. Subsequently, the presiding 
federal judge, following recommendations from the AMIA Special 
Prosecutor, issued an international request for the seizure of assets 
belonging to eight Iranians and Hezbollah to cover damages being 
claimed by the civil suit brought against the perpetrators. In December 
the judge ordered the seizure of six commercial properties allegedly 
belonging to a former Iranian cultural attache who was among those 
accused of aiding in the attack.
    There were no developments in DAIA's case against activists from 
the left wing group Quebracho that prevented Jewish community groups 
from demonstrating in front of the Iranian Embassy in 2006.
    The Government continued to support a public dialogue to highlight 
past discrimination and to encourage improved 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 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, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not exile 
anyone.

    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 law allows the Government to provide temporary protection for 
humanitarian reasons, including family reunification, to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol.
    According to the Government's Refugee Eligibility Committee, in the 
first 11 months of the year, 745 persons sought asylum, and the 
Government granted refugee status to 89 persons. The Government 
continued to cooperate with the UNHCR to resettle at risk Colombian 
refugees. According to the UNHCR, the country also resettled 39 
Colombians in the first six months of 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. The Government granted refugee status and 
temporary protection for humanitarian reasons.
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.--National presidential and 
legislative elections took place in October 2007. At the national 
level, one half of the seats in the Chamber of Deputies and one third 
of those in the Senate were contested. The media, the Ministry of 
Justice, and various NGOs observed the elections and judged them free 
and fair, although several opposition parties filed a complaint 
alleging that ballots listing opposition candidates were not available 
at voting stations in some provinces.
    Provincial elections in Santiago del Estero Province took place in 
orderly fashion in November.
    Political parties generally operated without restriction.
    Decrees provide that one third of the members of both houses of 
congress must be women, a goal achieved through balanced election 
slates. There were 28 women in the 72 seat Senate and 103 women in the 
256 seat Chamber of Deputies. The president, two of the seven Supreme 
Court justices, and four cabinet ministers were women. Women 
constituted approximately 17 percent of top executive-branch positions 
at the federal level.
    One indigenous person served in the Chamber of Deputies. There were 
no other known ethnic or racial minorities in the national legislature. 
There were no known indigenous, ethnic, or racial minorities in the 
cabinet or on the Supreme Court.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, there were frequent press 
reports that executive officials engaged in corrupt practices, 
suggesting a failure to implement the law effectively.
    According to the World Bank's worldwide governance indicators, 
government corruption was a serious problem. Historically weak 
institutions and an often ineffective and politicized judicial system 
made rooting out corruption in any systemic fashion difficult.
    Public officials are subject to financial disclosure laws, and the 
Ministry of Justice's Anti Corruption Office (ACO) is responsible for 
analyzing and investigating federal executive branch officials based on 
their financial disclosure forms. The ACO also is responsible for 
investigating corruption within the federal executive branch or in 
matters involving federal funds, except for funds transferred to the 
provinces. Although nominally a part of the judicial branch, the ACO 
does not have authority to prosecute cases independently, but it can 
refer cases to other agencies or serve as the plaintiff and request a 
judge to initiate a case. Individual judges investigated most high 
profile corruption cases, but prosecutions were not expected in a 
number of such cases that began in 2007.
    The minister of defense dismissed 31 senior officers and officials 
in August and another 13 in September following investigations into 
corrupt practices, and in September the army chief of staff resigned 
following his indictment over the illegal diversion of public funds in 
2002 in another command. Judicial authorities were pursuing the 
investigations with the ministry's support.
    According to press reports, the minister of health continued to 
push for greater transparency in the procurement of pharmaceuticals by 
the agency responsible for providing medicines to senior citizens 
following allegations of price fixing and overcharging by suppliers, 
many of whom were also reportedly prominent campaign contributors in 
2007. In November the agency head resigned at the Government's request.
    In December a foreign plea agreement by the German corporation 
Siemens identified by their initials and titles several high level 
officials in former governments as having accepted multimillion dollar 
bribes in the controversial procurement of a national identification 
card system.
    Investigations conducted by the NGO Poder Ciudadano in June and the 
National Electoral Court in September cited irregularities in the 
campaign finance reports of the 2007 presidential candidates. Their 
findings concluded that some candidates underreported their official 
campaign expenses, particularly regarding advertising costs; others 
overreported their expenses; and some received anonymous donations, 
which is prohibited by law. Poder Ciudadano's report also alleged that 
public resources were used to promote President Cristina Fernandez de 
Kirchner's campaign.
    An executive decree provides for public access to government 
information from executive agencies, which are required to answer 
requests for public information within 10 working days, with a possible 
10 day extension. The capacity to comply with this requirement, 
however, varied across executive agencies. Poder Ciudadano estimated 
that executive branch agencies answered such requests within the 
required timeframe approximately 70 percent of the time. The NGO noted 
that politically sensitive requests, such as the operational costs of 
the presidency, often were delayed or went unanswered.
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 
usually were cooperative and generally responsive to their views.
    While the Government cooperated with some international and local 
NGOs, the local chapter of a well-known international organization 
expressed concern that, despite repeated requests, the Government did 
not provide information under a freedom of information decree.
    The Government has a Human Rights Secretariat and a National 
Ombudsman's Office.
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 in practice.

    Women.--Rape, including spousal rape, is a crime, but the need for 
proof, either in the form of clear physical injury or the testimony of 
a witness, often presented difficulties in prosecuting such crimes. The 
penalties for rape ranged up to 20 years' imprisonment. There were no 
reports of police or judicial reluctance to act on rape cases; however, 
women's rights advocates claimed that police, hospital, and court 
attitudes toward sexual violence victims often revictimized the 
individual.
    A Rape Victims Association report estimated that during the year, 
there were approximately 1,500 rapes in the city of Buenos Aires and 
its suburbs, only one-third of which were reported. According to the 
National Prosecutor General's Office, 90 percent of rape or sexual 
assault cases did not result in convictions.
    The law prohibits domestic violence, including spousal abuse, 
although the law defines violence against women as a misdemeanor, and 
complaints are addressed in civil rather than criminal courts. Family 
court judges have the right to bar a perpetrator from a victim's home 
or workplace. The law, however, prescribes penalties for domestic 
violence only when it involves crimes against sexual integrity, in 
which case the penalty can be as much as 20 years' imprisonment. 
However, lack of vigilance on the part of the police and the judicial 
system often led to a lack of protection for victims.
    According to a report by the Ministry of Justice National Crime 
Policy Office, more than 1,000 cases of sexual abuse were reported in 
the first four months of the year. The office estimated that only one-
third of such crimes were reported, with only 10 percent of the cases 
resulting in convictions. The report indicated that 60 percent of the 
victims were minors and 40 percent young adult women.
    In September the Supreme Court inaugurated its Office of Domestic 
Violence, a pilot project to improve access to justice and provide 
protection for victims in the city of Buenos Aires. The office was open 
24 hours a day, seven days a week, and employed 72 professionals, 
including lawyers, judicial employees, and medical and psychological 
specialists. It collected written testimony from victims and educated 
court officials on how to use such testimony in lieu of oral testimony 
to avoid revictimization. In the first two months of operations, the 
office assisted 1,075 domestic violence victims, referring 660 cases to 
civil courts and 419 to penal courts for further legal action. The 
office also referred 246 cases to existing free legal assistance 
services and 210 cases to medical assistance programs.
    Domestic violence against women was a serious problem. In August 
Amnesty International reported that a woman died every two days as a 
result of domestic violence. According to press reports quoting the 
Buenos Aires Provincial Ministry of Security statistics, 52,351 
complaints of domestic abuse were filed at the Women's Police Stations 
in Buenos Aires Province in the first 10 months of the year.
    The Ministry of Justice continued to operate mobile units to assist 
victims of sexual and domestic violence in the city of Buenos Aires. A 
free hot line servicing the city of Buenos Aires offered consultations 
and received complaints.
    Following enactment of enabling legislation in September, the 
Buenos Aires provincial government began implementing a register of 
individuals convicted of sex crimes.
    Family and civil courts in Buenos Aires Province, in compliance 
with a provincial Supreme Court order, created hot lines to receive 
complaints of domestic violence and assist victims after normal hours. 
Criminal courts worked with police stations, police offices for women's 
issues, and prosecutors' offices to enable victims to file domestic 
violence complaints 24 hours a day.
    Public and private institutions offered prevention programs and 
provided support and treatment for abused women. The Buenos Aires 
municipal government operated a small shelter for battered women; 
however, few other shelters existed.
    Individual prostitution is legal, but the promotion, facilitation, 
or exploitation of persons into prostitution is illegal. NGOs 
considered sex tourism a problem but had no estimates of its extent. 
Trafficking of women to and within the country for prostitution was a 
problem.
    Sexual harassment in the public sector is prohibited under laws 
that impose disciplinary or corrective measures. In some jurisdictions, 
such as the city of Buenos Aires, sexual harassment may lead to the 
abuser's dismissal, whereas in others, such as Santa Fe Province, the 
maximum penalty is five days in prison. There was no information on the 
extent of the problem.
    Although women enjoyed equality under the law, including property 
rights, they encountered economic discrimination and held a 
disproportionately high number of lower paying jobs. According to a 
2007 study by the Foundation for Latin American Economic Research, men 
earned 5 percent more than women for equivalent full time work in the 
Greater Buenos Aires area and earned 21 percent more than women for 
equivalent part time work, an imbalance explicitly prohibited by law.
    The National Council of Women carried out programs to promote equal 
social, political, and economic opportunities for women. The council 
worked with the special representative for international women's 
issues, the Ministry of Labor, and union and business organizations to 
form the Tripartite Committee on Equal Opportunity for Men and Women in 
the Workplace, which sought to foster equal treatment and opportunities 
for men and women in the job market.

    Children.--Although the Government voiced strong commitment to 
children's rights and welfare, many programs remained underfunded.
    In September the Congress passed a law that maintained the 40-day 
timeframe in which parents can register the birth of their children but 
reduced from six years to 20 days the time thereafter for the state to 
register the births if parents failed to do so. For a birth occurring 
without medical assistance or outside a medical center, the Government 
may authorize late registration up until one year after the birth; 
thereafter, only judges may order birth registrations.
    While the law provides for free and compulsory education for 13 
years, beginning at age five, it was not enforced effectively. The 
governor of Buenos Aires estimated that there were approximately 
400,000 children who neither worked nor attended school in Buenos Aires 
Province alone.
    Child abuse continued to occur and was not uncommon; for example, a 
University of Buenos Aires study released in August noted that 56 
kindergartens and primary schools in Buenos Aires Province had detected 
1,590 cases of family violence in the previous year. The Government 
took measures to combat child abuse.
    The National Council for Children, Adolescents, and the Family 
continued to conduct public awareness campaigns and operated a national 
hot line, which children used to call for advice, make complaints, and 
report instances of abuse or other rights violations. Prosecutors and 
police pursued cases of Internet child pornography. In June the 
Congress passed a law criminalizing child pornography; however, the law 
does not penalize possession by individuals for personal use. The press 
and local NGOs reported that children were involved in sexual 
exploitation, sex tourism, and drug trafficking. Drawing on police 
statistics, the press estimated that approximately 5,000 children were 
recruited every year for pornography activities and sex tourism.
    According to credible local press reports, dozens of child victims 
of violence from poor families were lodged in juvenile detention 
centers under judicial protection orders. City government observers 
were barred from visiting the centers. Local NGO Fundacion Sur 
expressed concern that the children may be subject to inhumane 
conditions and submitted a writ of habeas corpus asking the courts to 
release the children and investigate the 2007 cases of two adolescents 
who allegedly committed suicide in separate incidents after having been 
raped while in detention. In December the Supreme Court rejected the 
petition but acknowledged the need to pass legislation to bring the 
juvenile justice system into compliance with international norms.
    In December the newspaper La Nacion reported that a local NGO 
estimated that 3,000 children under five years of age died from 
malnourishment, down one-third since 2003.

    Trafficking in Persons.--In April the Congress passed a law 
criminalizing trafficking in persons. The country was a source, transit 
point, and destination for trafficked persons.
    Trafficking in persons primarily involved citizens trafficked 
within the country for the purposes of sexual and labor exploitation. 
They were trafficked mostly from the northern provinces to the central 
provinces and Buenos Aires and from Buenos Aires to several southern 
provinces. To a lesser degree, the country was a destination for 
victims, principally women and minors from Paraguay, the Dominican 
Republic, Bolivia, and Brazil.
    While there were no official reports on the activities of 
traffickers, the media reported that traffickers often presented 
themselves as employment agencies or as individual recruiters. Credible 
sources also identified large organized crime networks, which sometimes 
consisted of extended families plus their business associates, 
including recruiters and brothel managers. Traffickers confiscated 
travel documents to prevent victims from appealing to authorities for 
protection. Victims, particularly women and girls in prostitution, at 
times were denied contact with the outside world. Victims often were 
threatened or beaten.
    Traffickers can be prosecuted under the new federal law, which 
provides penalties for trafficking ranging from three to 15 years in 
prison, depending on the nature of the violation and the age of the 
victim. Traffickers have been prosecuted on charges of prostitution 
through fraud, intimidation, and coercion or, in the case of minors, 
alien smuggling, indentured servitude, and similar abuses.
    Trafficking investigations and arrests increased during the year. 
According to Ministry of Justice statistics, internal security agencies 
conducted 118 raids, arrested 120 persons suspected of human 
trafficking, and rescued 133 victims in the six-month period after the 
law took effect in late April. However, only 33 of those arrested 
remained in detention as of November. Official statistics on the number 
of prosecutions and convictions for trafficking during the year were 
unavailable. The Ministry of Justice was the lead agency for 
coordinating antitrafficking efforts with internal security agencies.
    There were no allegations of Federal Government official 
involvement in trafficking. However, there were reports of widespread 
corruption and collusion with traffickers at provincial and local 
levels, which impeded prosecution. There were some efforts to 
investigate and prosecute local police and officials suspected of 
involvement in human trafficking.
    There were no developments in the investigation of local police and 
official involvement in a 2006 case where women were forced into 
prostitution in Chubut Province. Press reports indicated that the two 
former police officers, who were charged in 2006, were reassigned 
without facing disciplinary actions. In March 14 women were rescued 
from forced prostitution in brothels that continued to operate in the 
area.
    In December a federal judge summoned the police commissioner, his 
deputy, and three other police officials for deposition as part of an 
investigation into alleged police protection of a ring of brothels 
suspected of human trafficking in the Mataderos neighborhood of Buenos 
Aies. In the same case, a woman running the brothel was indicted as an 
accessory to human trafficking, and her sister was also under 
investigation at year's end.
    Trafficking victims normally were not detained, jailed, or 
deported. The Ministry of Justice's training seminars for internal 
security forces included a component emphasizing that they not blame 
trafficking victims for illegal activities they may have become 
involved in as a consequence of their exploitation.
    Limited victims' assistance is provided by the Ministry of 
Justice's First Responder Office for the Rescue and Immediate 
Assistance of Trafficking Victims. It refers minor and adult victims 
rescued in the city or province of Buenos Aires to the Ministry of 
Social Development's Secretariat for Children, Adolescents, and the 
Family, which then may direct victims to existing social and medical 
assistance programs. Victims in other provinces usually were assisted 
by the relevant human rights secretariat. The Prosecutor General's 
Office of Victim's Assistance continued to provide assistance on an as-
needed basis.
    Although it did not operate victim shelters dedicated to 
trafficking, the Government funded one NGO to operate a victim's 
shelter. Some victims qualified for Federal Government assistance, but 
most provincial officials were not trained to identify or help victims 
of trafficking specifically. The International Organization for 
Migration assisted with repatriation and reintegration of foreign 
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 constitution and laws prohibit 
discrimination against persons with physical or mental disabilities in 
employment, education, access to health care, or the provision of other 
state services, but the Government did not effectively enforce these 
laws. A specific law also mandates access to buildings for persons with 
disabilities; however, the Government did not effectively enforce it.
    Laws mandating greater access to buses and trains for persons with 
disabilities also were not enforced fully. In March a federal court 
ordered the Buenos Aires subway operator Metrovias to make subway 
stations handicapped accessible. According to the Association for Civil 
Rights, only 12 of 73 subway stations were handicapped accessible.
    According to the National Institute Against Discrimination, 
Xenophobia, and Racism (INADI), an estimated 20,000 children with 
disabilities were unable to attend school in Buenos Aires City because 
the buildings were not handicapped accessible.
    In March the Buenos Aires City Ombudsman pressed charges against 
eight long distance bus companies for failing to provide free bus 
tickets to persons with disabilities, as required by decree. 
Thereafter, INADI established a permanent office at the main bus 
terminal in Buenos Aires City and maintained a presence at many train 
and bus stations throughout the city on a rotational basis.
    A 2007 study by CELS and international NGO Mental Disability Rights 
International reported that 25,000 persons were detained in psychiatric 
institutions, more than 80 percent for more than a year. The report 
documented egregious cases of abuse and neglect in psychiatric 
institutions, including patients burned to death in isolation cells, 
the use of sensory deprivation in long-term isolation, and physical and 
sexual violence. The report also detailed dangerous and unhygienic 
conditions, including the lack of running water, nonfunctioning sewer 
systems, and fire and safety hazards.
    The National Advisory Committee for the Integration of People with 
Disabilities, under the National Council for Coordination of Social 
Policies, has formal responsibility for actions to accommodate persons 
with disabilities.

    National/Racial/Ethnic Minorities.--According to DAIA's 2007 Anti-
Semitism Report, which included information on other minorities in the 
country, many Afro-Argentines experienced employment, education, and 
housing discrimination; endured racial slurs while using public 
transportation; and were barred entry from nightclubs. The DAIA report 
also noted that Chinese, Koreans, Muslims, Gypsies, and Latin American 
immigrants also faced discrimination.
    INADI conducted a number of national public awareness campaigns 
throughout the year to discourage racial discrimination, including one 
entitled ``Words Discriminate.''

    Indigenous People.--The constitution recognizes the ethnic and 
cultural identities of indigenous people and states that the Congress 
shall protect their right to bilingual education, recognize their 
communities and the communal ownership of their ancestral lands, and 
allow for their participation in the management of their natural 
resources. In practice indigenous people did not fully participate in 
the management of their lands or natural resources, in part because 
responsibility for implementing the law is delegated to the 23 
provinces, only 11 of which have constitutions recognizing indigenous 
rights.
    Although there is no formal process to recognize indigenous tribes 
or determine who is an indigenous person, indigenous communities can 
register with the provincial or Federal Government as a civic 
association.
    Estimates of the indigenous population ranged from 700,000 to 1.5 
million. Poverty rates were higher than average in areas with large 
indigenous populations. Indigenous people had greater than average 
rates of illiteracy, chronic disease, and unemployment. The lack of 
trained teachers hampered government efforts to offer bilingual 
education opportunities to indigenous people.
    According to indigenous rights experts, 75 percent of disputed 
territory in Jujuy, which had been the subject of court orders in 2006 
and 2007, was either returned to indigenous communities or in the 
titling process by year's end.
    In October the Supreme Court overruled a Salta provincial court 
decision to turn down an appeal by the Eben Ezer indigenous community, 
which asked the provincial court to issue an injunction preventing the 
sale of provincial land previously considered a natural reserve. The 
Supreme Court indicated that the provincial court's decision violated 
the constitution and instructed the provincial court to take into 
consideration the rights of indigenous people to use the resources 
found on ancestral lands.
    In December, in response to a lawsuit filed by 18 indigenous 
communities, the Supreme Court ordered Salta Province to suspend plans 
to cut approximately two million acres of forest, pending the outcome 
of a further hearing.
    According to a Minority Rights Group International report, many 
provinces evicted indigenous communities from ancestral lands to sell 
the land to multinational companies, particularly for petroleum, 
mining, soy industries, and tourism development.
    In December, after protesters from the Mapuche community staged a 
roadblock, the Chubut Provincial Supreme Court suspended a lower court 
order evicting a Mapuche family from land they had occupied since 1940. 
The protesters expressed concern that Chubut Province would evict more 
indigenous families to provide concessions to mining companies.
    The land dispute between the Mbya Guarani community and La Plata 
National University over claims to territory in Misiones Province 
continued without resolution.
    The Inter-American Commission on Human Rights (IACHR) continued to 
evaluate a petition presented by the Lhaka Honhat indigenous 
association regarding the national government's failure to implement a 
titling policy that would return their traditional land. The Lhaka 
Honhat association sent a letter to the IACHR in September asking for 
greater involvement and a timely resolution to the case.
    In October three Mapuche families occupied land in the National 
Park of Nahuel Huapi in Neuquen Province in an attempt to obtain 
123,000 acres for other Mapuche communities. Park officials indicated 
that they already coexisted with five Mapuche communities in the area.
    Also in October the first indigenous radio station, the Indigenous 
Voice, began broadcasting programs aimed at indigenous communities in 
Salta Province.

    Other Societal Abuses and Discrimination.--During the year, INADI 
received 82 complaints of discrimination on the basis of sexual 
orientation or gender identity, 38 of which were resolved rapidly.
    In July authorities arrested Sergio Alfredo Nunez, Silvio Elias 
Soria, and Cesar Javier Ulivarri in connection with the 2006 killing of 
transgender activist Pelusa Liendro, who was found stabbed in her car 
10 days after the broadcast of an undercover videotape she and other 
activists made of police harassment and abuse of transgender persons in 
Salta Province. Nunez and Soria remained in pretrial detention at 
year's end. The court stayed legal proceedings against Rodolfo 
Aguilares and two other individuals.
    In August the National Social Security Administration granted 
widowed homosexual partners the rights to inherit their partner's 
pension. Eligible partners must demonstrate that they lived with their 
partner for at least five years.
    INADI received 62 discrimination complaints on the basis of HIV 
positive status, 34 of which were resolved rapidly. The law prohibits 
termination of employment of HIV positive employees.
Section 6. Worker Rights
    a. The Right of Association.--The law provides all workers, with 
the exception of military personnel, the right to form and join ``free 
and democratic labor unions, recognized by simple inscription in a 
special register,'' and workers exercised this right. An estimated 35 
to 40 percent of the workforce was organized.
    The Argentine Workers Central (CTA) and other labor groups not 
affiliated with the CGT contended that the Trade Unions Law provision 
for the legal recognition of only one union per sector conflicts with 
the International Labor Organization's (ILO) Convention 87 and prevents 
the CTA from obtaining full legal standing. In November the Supreme 
Court declared Article 41 of the Trade Unions Law unconstitutional and 
upheld the right of a workers' union lacking official legal recognition 
to elect its own delegates. In addition the ruling asserted that the 
Ministry of Labor's discretion in awarding official union recognition 
violates international treaties. The IACHR continued to review the 
CTA's 2004 petition at year's end.
    Unions have the right to strike, although those representing civil 
servants and workers in essential services are subject to the condition 
that undefined ``minimum services'' are rendered. In some cases 
``minimum services'' have already been incorporated in union bargaining 
agreements, but since the law does not define ``minimum services,'' 
civil servants and workers in essential services have the right to 
strike only after a compulsory 15 day conciliation process. Once that 
term expires, civil servants and workers in essential services must 
give five days' notice to the administrative authority and the public 
agency that they intend to strike. All parties then negotiate which 
minimum services will continue to be provided and a schedule for their 
provision. The public agency, in turn, must provide two days' notice to 
users about the intended strike. Other workers exercised the right to 
strike by conducting legal strikes.

    b. The Right to Organize and Bargain Collectively.--The law 
provides unions with the right to negotiate collective bargaining 
agreements and to have recourse to conciliation and arbitration. The 
Ministry of Labor, Employment, and Social Security ratifies collective 
bargaining agreements, which covered roughly 75 percent of the formally 
employed workforce. According to the ILO, the ratification process 
impeded free collective bargaining because the ministry considered not 
only whether a collective labor agreement contained clauses violating 
public order standards but also whether the agreement complied with 
productivity, investment, technology, and vocational training criteria. 
However, there were no known cases during the year of government 
refusal to approve any collective agreements under these criteria.
    There are no special laws or exemptions from regular labor laws in 
the three functioning export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--While the law 
prohibits forced or compulsory labor, including by children, there were 
isolated reports that such practices occurred.
    In April police rescued 30 Bolivians, including children, who were 
working under exploitative conditions at a poultry farm in Capilla del 
Senor, Buenos Aires Province. In August the press reported that 
children and other workers were working in exploitative conditions at 
other farms owned by the same company. The provincial ministry of labor 
fined the company 364,000 pesos ($117,400) and was reviewing additional 
forced labor complaints, including two deaths, lodged against the 
company. Press reports indicated the company had not paid the fine by 
year's end.
    In September an appeals court reversed a lower court decision 
dismissing a case of forced labor against the owners of a prestigious 
garment company that employed Bolivians working in sweatshops under 
exploitative conditions. The lower court had dismissed the case on the 
basis that the Bolivians were culturally predisposed to working under 
such conditions. The case remained under investigation at year's end.
    In September a federal judge indicted the owner and the manager of 
a garment sweatshop that employed 50 Bolivians, including 20 minors. 
The judge froze 900,000 pesos ($290,000) in assets belonging to the 
owner and seized and transferred sewing machines to a social 
organization of the employees' choosing so they could continue working. 
The case remained pending at year's end.
    A Buenos Aires city court released four individuals on probation in 
a 2006 case of forced labor. According to a local antislavery NGO, the 
individuals were charged for their role in operating clothing 
sweatshops in the Flores Sur neighborhood that left six Bolivian 
citizens dead and affected potentially hundreds more.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace. In 2004 the 
National Commission for the Eradication of Child Labor (CONAETI) 
estimated that up to 1.5 million children, or 22 percent of children 
under the age of 15, worked in some capacity, an estimate still 
considered valid.
    In June the Congress passed a law raising the minimum age for 
employment from 14 to 15, which will increase to 16; in rare cases the 
Ministry of Education may authorize a younger child to work as part of 
a family unit. Children between the ages of 15 and 18 may work in a 
limited number of job categories and for limited hours if they have 
completed compulsory schooling, which normally ends at age 18. Legal 
penalties for employing underage workers ranged from 1,000 to 5,000 
pesos ($303 to $1,515) for each child employed. Provincial governments 
and the city government of Buenos Aires are responsible for labor law 
enforcement.
    Most illegal child labor took place in the informal sector, where 
inspectors had limited ability to enforce the law. Child labor included 
such work as small scale garment production, trash recycling, street 
sales, domestic service, and food preparation and agricultural 
production.
    CONAETI conducted seminars with the 19 provincial commissions for 
the eradication of child labor to train provincial authorities 
responsible for enforcing labor laws and raising awareness regarding 
exploitive child labor. It also provided technical assistance to NGOs 
addressing child labor in the tobacco and trash-picking sectors, 
including workshops with tobacco producers to encourage corporate 
social responsibility on child labor issues. The Government worked with 
several NGOs to address the commercial sexual exploitation of children 
in the triborder area with Brazil and Paraguay, disseminating 
information on prevention and available assistance for victims. A 
trinational network involving local government and civil society was 
established to help coordinate the antitrafficking efforts.
    The Government participated in the MERCOSUR ``Nino Sur'' 
(``Southern Child'') initiative to defend the rights of children and 
adolescents in the region. The initiative included unified public 
campaigns against commercial sexual exploitation, trafficking and child 
labor, mutual technical assistance, and the exchange of best practices 
related to victims protection and assistance.
    The Ministry of Education also provided scholarships to reintegrate 
school dropouts and supported children who work and attend school. The 
program also provided parents with job search assistance and job 
training.

    e. Acceptable Conditions of Work.--The Government raised the 
monthly national minimum wage to 1,240 pesos ($354), which took effect 
in December. This was 8 percent less than the estimated amount of 1,350 
pesos ($386) needed by a family of four to maintain a ``decent'' 
standard of living. Most workers in the formal sector earned 
significantly more than the minimum wage. The Ministry of Labor, which 
is responsible for enforcing legislation related to working conditions, 
increased inspections to get companies to register their informal 
workers. In November the Ministry of Labor reported informal urban 
unemployment at 40 percent. According to a 2007 ILO study, 60 percent 
of employed citizens ages 15 to 24 were engaged in informal labor.
    Federal labor law sets standards in the areas of health, safety, 
and hours. The maximum workday is eight hours, and the maximum workweek 
is 48 hours. Overtime pay is required for hours worked in excess of 
these limits. The law sets minimums for periods of rest, requiring a 
minimum of 12 hours of rest to start a new workday. Sundays are 
holidays, and those required to work on Sundays are paid double. 
However, laws governing acceptable conditions of work were not enforced 
universally, particularly for workers in the informal sector.
    The law requires employers to ensure their employees against 
accidents at the workplace and when traveling to and from work. Workers 
have the right to remove themselves from dangerous or unhealthy work 
situations without jeopardy to continued employment. However, workers 
who leave the workplace before it has been proven unsafe risk being 
fired; in such cases the worker has the right to judicial appeal, but 
the process can be very lengthy.

                               __________

                              BAHAMAS, THE

    The Commonwealth of the Bahamas is a constitutional, parliamentary 
democracy with a population of approximately 360,000, including an 
estimated 30,000 undocumented Haitians. Prime Minister Hubert 
Ingraham's Free National Movement (FNM) regained control of the 
Government in May 2007 elections that observers found to be generally 
free and fair. The civilian authorities generally maintained effective 
control over security forces.
    The Government generally respected the human rights of its 
citizens. There were problems in some areas, including complaints of 
abuse by police and prison and detention center guards; poor detention 
conditions; poor functioning of the judicial system, leading to delays 
in trials and lengthy pretrial detention; violence against women and 
children; and discrimination against persons of Haitian descent.
                        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 killings by police. Police investigated such incidents and 
referred them to a coroner's court when necessary for further 
evaluation.
    On March 5, police shot a Nassau man in disputed circumstances. The 
victim later died, and the case was under investigation at year's end.
    The September 2007 case in which a police officer shot and killed a 
resident of Andros Island was pending at year's end, although news 
reports raised questions about the disposition of the case, and there 
was no coroner's inquest as had been anticipated.
    Two police shootings in November 2007, one at a Nassau crime scene 
and the other involving a psychiatric patient killed on hospital 
grounds, remained under investigation at year's end.
    On January 8, the police officer who shot and killed a man on 
Bimini Island during a December 2007 altercation was charged with 
manslaughter, without a coroner's inquest, and released on bail pending 
trial.
    There were no new developments since a coroner's court recommended 
murder charges against prison guard Sandy Mackey, who allegedly killed 
an inmate in 2006 in retribution for the death of a fellow officer 
during a prison escape.
    The coroner's court reportedly faced a backlog of more than 150 
cases, including six police shootings. In a typical example, the 
results of a coroner's inquest into a 2004 fatal police shooting were 
reported on December 3, after a jury ruled the incident an accident.

    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 human 
rights monitors and members of the public expressed concern over 
continued instances of police abuse of criminal suspects. Police 
officials, while denying systematic or chronic abuses, acknowledged 
that police on occasion abused their authority.
    Authorities brought charges against two officers in connection with 
the June 2007 beating of a suspect, Desmond Key, who died in a hospital 
on January 19. The officers were released on bail, and trial procedures 
continued at year's end.
    No information was available about the outcome of charges placed in 
February 2007 against seven defense force members for beating a man on 
the island of Inagua in 2006.
    The Privy Council in the United Kingdom upheld the Government's use 
of flogging as a punishment, which human rights observers considered 
inhuman and degrading punishment.

    Prison and Detention Center Conditions.--Conditions at Fox Hill 
Prison, the country's only prison, remained harsh for many prisoners. 
Overcrowding was a major problem in the men's maximum-security block. 
Originally built in 1953 to hold 450 inmates, it held approximately 700 
of the country's 1,400 prisoners. The remaining prisoners were held in 
medium- and minimum-security units that were at intended capacity. The 
prison remand area, built to hold 300 prisoners awaiting trial, was 
insufficient to hold the approximately 600 prisoners awaiting trial, 
leaving many pretrial detainees confined in cells with convicted 
prisoners in the maximum-security unit. Male prisoners in the maximum-
security unit were crowded into poorly ventilated cells that generally 
lacked regular running water. Prisoners lacked beds, slept on concrete 
floors, and if not participating in work programs were locked in small 
cells 23 hours per day, often with human waste. Maximum-security 
inmates were allowed outside for exercise four days a week for one hour 
per day. Inmates complained of inadequate potable water, lack of 
medical care, and poor treatment.
    There continued to be allegations of abuse by prison guards. Local 
attorneys and human rights observers asserted that the prison's 
internal affairs unit lacked the independence needed to investigate 
impartially allegations of abuse and misconduct; it conducted no 
investigations during the year. In 2006 the unit recommended that one 
officer be prosecuted for abuse of an inmate, which was pending at 
year's end.
    The Government continued funding improvements in prison facilities 
and prisoner rehabilitation programs. Prison officials continued to 
offer technical and vocational programs to eligible prisoners.
    Conditions for women prisoners were less severe than for men; 
however, women did not have access to the same work-release programs 
available to male prisoners.
    The prison has a separate section for juvenile offenders between 
the ages of 16 and 18. There was occasional mixing of juveniles with 
adult inmates depending on the severity of their crimes. Offenders 
younger than 16, along with children made wards of the court by their 
parents because of ``uncontrollable behavior,'' were held at the 
Simpson Penn Center for Boys and the Williamae Pratt Center for Girls.
    The Carmichael Road Immigrant Detention Center held up to 500 
detainees (with tent space for an additional 500), and women and men 
were held separately. Haitians and Jamaicans were the most commonly 
interdicted migrants. The highest occupancy during the year was 
approximately 600. Observers complained of continuing abuse by guards, 
although immigration officials claimed that no such complaints were 
filed during the year. Human rights groups expressed concern that 
complaint investigations were handled internally without independent 
review and oversight. Children under the age of 14 were held in the 
women's dormitory. Many children arriving with both parents were not 
allowed contact with the father except during weekly visitation. 
Despite the possibility of being held for months, children did not have 
access to education.
    Neither domestic nor international human rights groups made any 
requests to visit the detention center or prison during the year. 
However, organizations providing aid, counseling services, and 
religious instruction had regular access to inmates.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions, although police occasionally were accused of 
arresting and detaining persons arbitrarily.

    Role of the Police and Security Apparatus.--The Royal Bahamas 
Police Force (RBPF) maintains internal security, and the small Royal 
Bahamas Defense Force (RBDF) is responsible for external security, 
security at the Carmichael Road Detention Center, and some minor 
domestic security functions such as guarding foreign embassies and 
ambassadors. The Ministry of National Security oversees the RBPF and 
the RBDF.
    A police officer involved in shooting or killing a suspect is 
automatically placed under investigation. The Police Complaints and 
Corruption Branch, which reports directly to the deputy commissioner 
without any independent oversight, was responsible for investigating 
allegations of police brutality. This unit determines if enough 
evidence of abuse or misconduct exists in a particular case to warrant 
disciplinary action within the police system or, in some cases, 
criminal prosecution by the attorney general. Local attorneys and human 
rights observers expressed concern that the Police Complaints and 
Corruption Branch lacked the independence needed to investigate 
impartially allegations of abuse and misconduct and that the perceived 
lack of impartiality discouraged full reporting of complaints.
    There were 300 complaints against police through December 19, 
compared with 249 in 2007. Of these 300 cases, authorities resolved 
139, 60 awaited judicial determination of a complainant's pending case, 
and 101 were under investigation. Of the 139 completed matters, 17 were 
referred to a police tribunal, 11 were resolved informally, warnings 
were requested in four cases, officers were discharged in three cases, 
and the rest were withdrawn (20), unsubstantiated (33), unfounded (8), 
had insufficient evidence (39), or did not require further action (4). 
Information on the nature of the complaints was unavailable, but in the 
past included assault, unethical conduct, unlawful arrest, and 
stealing. The number of criminal charges filed, if any, was not 
reported.

    Arrest and Detention.--In general the authorities conducted arrests 
openly and, when required, obtained judicially issued warrants. Serious 
cases, including those of suspected narcotics or firearms offenses, do 
not require warrants where probable cause exists. The law provides that 
a suspect must be charged within 48 hours of arrest. Arrested persons 
appear before a magistrate within 48 hours (or by the next business day 
for cases arising on weekends and holidays) to hear the charges against 
them. Police can apply for a 48-hour extension upon simple request to 
the court and for longer extensions with sufficient showing of need. 
Some persons on remand claimed they were not brought before a 
magistrate within the 48-hour time frame. The Government generally 
respected the right to a judicial determination of the legality of 
arrests.
    There is a functioning bail system. Judges sometimes authorized 
cash bail for foreigners arrested on minor charges; however, in 
practice foreign suspects generally preferred to plead guilty and pay a 
fine rather than pursue their right to defend themselves, given 
possible delays in court cases and harsh conditions in the prison. Many 
foreign suspects paid bail and fled the country to avoid extended 
detention and prosecution.
    Attorneys and other prisoner advocates continued to complain of 
excessive pretrial detention due to the failure of the criminal justice 
system to try even the most serious cases in a timely manner. The 
constitution provides that suspects can be held for a ``reasonable 
period of time'' before trial. Government officials stated that 
approximately 600 of the 1,400 prisoners at Fox Hill Prison were 
awaiting trial. Available government statistics suggested that 
approximately 100 prisoners had been held on remand without trial for 
more than two years. In September the minister of national security 
reported that 13 persons had been on remand for five years or more. 
This was recognized as a major problem in the justice system, as 
criminals accused of serious crimes made bail, often to commit more 
crimes, while many others were held indefinitely without trial. The 
minister also stated that more than one-third of those charged with 
murder during the previous 30 months were free on bail for a previous 
murder indictment.
    The authorities detained illegal immigrants, primarily Haitians, 
until arrangements could be made for them to leave the country or they 
obtained legal status. The average length of detention varied 
significantly by nationality, willingness of governments to accept 
their nationals back in a timely manner, and availability of funds to 
pay for repatriation. Haitians usually were repatriated within one 
week, while Cubans were held for much longer periods. Illegal 
immigrants convicted of crimes other than immigration violations were 
held at Fox Hill Prison, where they often remained for weeks or months 
after serving their sentences, pending deportation.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    Magistrate's courts are the lowest level courts and only handle 
crimes with a maximum sentence of five years. Trial by jury is 
available only in the Supreme Court, which handles most major cases. 
Magistrate's court decisions may be appealed to the Court of Appeal; 
the Privy Council in the United Kingdom is the final court of appeal.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Defendants enjoy a presumption of innocence until proven guilty and are 
permitted to question witnesses at trial and view government evidence. 
Defendants have a right to appeal. There is a functioning system of 
bail, but individuals who could not post bail were held on remand 
indefinitely.
    The judicial system had a large and steadily expanding backlog of 
cases, numbering as high as 8,700, which included hundreds of cases of 
the most serious types of violent crime. In July the newly appointed 
attorney general ordered an audit to determine the actual scope of the 
problem. Delays reportedly lasted five years or more. Local legal 
professionals attributed delays to a variety of longstanding systemic 
problems, such as slow police investigation, inefficient prosecution 
strategies, lack of judicial capacity, lengthy legal procedures, staff 
shortages, and judicial inefficiency compounded by financial and space 
constraints. In November the Government passed a bill to expand the 
possibilities for plea bargaining in order to speed trials and begin to 
address the backlog in the judicial system.
    Defendants may hire an attorney of their choice, but the Government 
provided legal representation only to destitute suspects charged with 
capital crimes, leaving large numbers of defendants without adequate 
legal representation. Lack of representation contributed to excessive 
pretrial detention, as some accused lacked the means to pursue the case 
toward 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, 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.
    While the law usually requires a court order for entry into or 
search of a private residence, a police inspector or more senior police 
official may authorize a search without a court order where probable 
cause to suspect a weapons violation or drug possession exists.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. 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 significant 
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.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. However, the Plays 
and Films Control Board rates and censors entertainment.

    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 explicitly calls for respect for Christian 
values.
    The practice of Obeah, a version of voodoo, is illegal, and those 
convicted of practicing it were liable to three months' imprisonment.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination and no reports of anti-Semitic 
acts. The local Jewish community numbered approximately 200 persons.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/rls/irf.

    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 law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--Although the country is a signatory to 
both the 1951 UN Convention relating to the Status of Refugees and its 
1967 protocol, the Government has not established a consistent system 
for providing protection to all refugees and asylum seekers. In 
practice the Government provided some protection against the expulsion 
or return of refugees to countries where their lives or freedom would 
be threatened. Applications for political asylum were adjudicated on a 
case-by-case basis at the cabinet level. The authorities did not grant 
asylum during the year.
    The Government generally cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees and asylum seekers. The UNHCR reviewed the 
interview records of cases provided to it and offered recommendations 
on certain cases.
    Local and international human rights observers criticized the 
Government for failing to screen potential asylum applicants 
adequately. Those requesting asylum screening often lacked access to 
legal counsel. Human rights observers claimed that the Government 
detained Cuban migrants for excessive periods. The Government asserted 
that all migrants who claimed asylum were interviewed and screened 
adequately by trained immigration officials.

    Stateless Persons.--The Government has not effectively implemented 
laws and policies to provide certain habitual residents the opportunity 
to gain nationality in a timely manner and on a nondiscriminatory 
basis. Children born to non-Bahamian parents or to a Bahamian mother 
and a non-Bahamian father do not automatically acquire citizenship. 
Bahamian-born persons of foreign heritage must apply for citizenship 
during the year after their 18th birthday, sometimes waiting many years 
for a government response. Human rights activists claimed that the 
narrow window for application, difficult documentary requirements, and 
long waiting times created generations of de facto stateless persons, 
i.e., those without citizenship in any country. Following rule changes 
instituted with government assent, individuals born in the country to 
Haitian parents were no longer required to pay the college tuition rate 
for foreign students while waiting for their request for citizenship to 
be processed. There were no reliable estimates of the number of 
stateless persons.
    On November 19, the Immigration Department announced the initial 
results of an audit of approximately 2,000 outstanding residence and 
citizenship claims conducted in August 2007. The audit found that 86 
persons, including 47 Haitians, were approved and 22 applications were 
denied, and more than 700 cases remained pending. However, the 
remaining claims, more than half the total, remained in different 
procedural categories or were regarded as incomplete.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--The two principal political 
parties are the governing FNM and the opposition Progressive Liberal 
Party (PLP). In May 2007 national elections generally considered free 
and fair, the FNM won 23 of 41 seats in the House of Assembly and 
formed the new government under Hubert Ingraham. The election campaign 
under the incumbent PLP, however, was marred by instances of violence, 
the influential state-owned electronic media's alleged favoritism 
toward government candidates, and allegations of vote-buying.
    The PLP lost the elections and unsuccessfully pursued court cases 
challenging the election results in three constituencies. On January 
21, a court ruled in the new government's favor in the first of three 
challenges after a recount confirmed the disputed candidate's victory. 
On December 11, a court-ordered recount in the second case confirmed 
the victory of the Government candidate. The third case reportedly was 
abandoned.
    The House of Assembly had five elected female members; there were 
nine appointed female senators, including its president, in the 16-seat 
Senate. There was one woman in the new 19-member cabinet after two 
women, one also a senator, were appointed to other positions following 
cabinet changes in July.
    Information on racial background was not collected, but there were 
several members of minorities in prominent positions in parliament and 
the 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 during the year. Both hiring and procurement 
practices under the then incumbent PLP government came under intense 
scrutiny in the media and in parliament in 2007, with official 
corruption alleged.
    An Organization of American States (OAS) expert committee released 
a report on government implementation of the Inter-American Convention 
against Corruption in December 2007. The exhaustive report noted the 
absence of whistleblower protections and insufficient transparency in 
government hiring of public servants and said that public contracting 
provisions ``are inadequate in ensuring transparency.''
    Senior public officials, for example senators and members of 
parliament, were subject to financial disclosure under the Public 
Disclosure Act. Antibribery legislation designates the attorney general 
responsible for combating government corruption.
    The RBPF operated a complaints and corruption branch, but no data 
were available regarding the number of corruption complaints received 
or investigations undertaken during the year. The OAS report found the 
RBPF mechanism to be inadequate in light of the Government's 
obligations under the convention.
    Media representatives criticized the lack of laws providing for 
public access to government information. Members of the local press 
also complained that the Government failed to provide regular, open 
access to information, including information regarding alleged human 
rights violations. Specifically, press and local human rights groups 
complained that the Government was not forthcoming about alleged human 
rights abuses by police and prison and detention center guards, citing 
a lack of transparency in investigations and publication of 
investigative reports.
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 
usually 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, 
place of origin, political opinion, or creed, and the Government 
generally enforced these provisions. However, the constitution and the 
law contain provisions that discriminate against women.

    Women.--Rape is illegal, but the law does not address spousal rape. 
The maximum penalty for a first-time offender is seven years' 
imprisonment, and in the case of a second or subsequent conviction, the 
penalty is 14 years' imprisonment. On November 26, parliament passed 
legislation increasing the maximum penalty to life imprisonment. 
According to the RBPF, there were 114 rapes reported during the year, a 
decrease from 136 in 2007. Prosecutions and convictions on rape charges 
were common.
    Violence against women continued to be a serious, widespread 
problem. The law prohibits domestic violence, and the Government 
generally enforced the law. However, domestic violence laws do not 
provide penalties separate from other crimes of assault and battery and 
do not effectively criminalize sexual violence within a marriage. On 
December 1, the Domestic Violence Act of 2007 came into force, but it 
was too early to assess its impact. The police reported that six of 54 
killings recorded through September 23 were related to domestic 
violence. Women's rights groups cited a general reluctance on the part 
of law enforcement authorities to intervene in domestic disputes. The 
police recognized domestic violence as a high priority, provided 
specialized training for all incoming officers, and offered continuing 
training in domestic violence.
    The Government operated a toll-free hot line in New Providence and 
Grand Bahama, with trained volunteers to respond to emergency calls 24 
hours a day. Government and private women's organizations continued 
public awareness campaigns highlighting the problems of abuse and 
domestic violence. The Ministry of Labour and Social Development's 
Department of Social Services, in partnership with a private 
organization, operated a safe house to assist battered women.
    Prostitution is illegal and was not a widespread problem. There are 
no laws specifically addressing sex tourism. Police officials 
acknowledged that sex entertainment was a developing industry but did 
not consider sex tourism a problem.
    The law prohibits criminal ``quid pro quo'' sexual harassment and 
authorizes penalties of up to B$5,000 ($5,000) and a maximum of two 
years' imprisonment. Civil rights advocates complained that criminal 
prohibitions were not enforced effectively and that civil remedies, 
including a prohibition on ``hostile environment'' sexual harassment, 
were needed.
    The law does not provide women with the same right as men to 
transmit citizenship to their foreign-born spouses. The law also makes 
it easier for men with foreign spouses than for women with foreign 
spouses to confer citizenship on their children. The law does not 
include gender as a basis for protection from discrimination. Women 
were generally free of economic discrimination, and the law provides 
for equal pay for equal work.

    Children.--The Government claimed child welfare and education were 
priorities but did not allocate sufficient funding to maintain and 
improve standards. Some public schools lacked basic educational 
materials and were overcrowded.
    Both the Government and civic organizations conducted public 
education programs aimed at child abuse and appropriate parenting 
behavior; however, child abuse and neglect remained serious problems. 
The RBPF operated a hot line regarding missing or exploited children.
    The Department of Social Services reported that cases of child 
abuse increased during the year, and in some categories surpassed 
previous year's totals. Child neglect cases, for example, numbered 226 
by August, which already exceeded the total for 2007. The ministry 
believed that only a minority of cases were reported.
    The law requires all persons having contact with a child they 
believe to have been physically or sexually abused to report their 
suspicions to the police. Sexual exploitation of children through 
incestuous relationships occurred, and observers generally acknowledged 
that a small number of children were involved in illicit or unlawful 
activities. The ministry may remove children from abusive situations if 
the court deems it necessary. The ministry provided services to abused 
and neglected children through a public-private center for children, 
through the public hospital family violence program, and through a 
nonprofit crisis center.
    The Department of Social Services is responsible for abandoned 
children up to 18 years of age but had very limited resources at its 
disposal. The Government found foster homes for some children, and the 
Government hospital housed abandoned children with physical 
disabilities when foster homes could not be found.

    Trafficking in Persons.--On November 26, parliament passed 
legislation specifically addressing trafficking in persons for the 
first time. The law also prohibits prostitution and the procurement of 
persons for purposes of prostitution either in or outside the country 
by force, threats, intimidation, or the administering of drugs. The 
maximum penalty for trafficking in persons is life imprisonment.
    There were reports that persons were trafficked within, to, or from 
the country, but the full nature and extent of the problem were 
undetermined. The previous lack of a legal prohibition rendered it 
difficult to measure accurately the extent of trafficking within the 
vulnerable illegal migrant communities. It was too early to assess the 
impact of the new legislation and how it will be implemented and 
enforced in order to prosecute perpetrators, protect and assist 
victims, or prevent trafficking.
    According to limited reports, men, women, and children may be 
trafficked for the purpose of labor exploitation. Local sources 
indicated that labor exploitation of undocumented Haitians could be 
widespread, and some immigrants may be subjected to conditions of 
involuntary servitude. Employers could coerce migrants to work long 
hours for no pay or below the minimum wage by withholding documents or 
threatening arrest and deportation. Migrant workers usually do not have 
access to labor protections under local law.
    A 2005 International Organization for Migration report on human 
trafficking suggested a link between irregular migration and forced 
labor for domestic servitude, agriculture, and construction. Some 
commercial sexual exploitation of women and minors has been identified.
    Local observers previously complained that the law does not protect 
trafficking victims, who might be fearful of pressing complaints due to 
emphasis on immigration enforcement. The new legislation details 
provisions for assistance and protection for victims, including witness 
protection and special immigration procedures for nonresidents to 
facilitate investigation and prosecution.

    Persons With Disabilities.--There is no specific law protecting 
persons with physical or mental disabilities from discrimination in 
employment, education, access to health care, or in the provision of 
other state services. Although the law mandates access for persons with 
physical disabilities in new public buildings, the authorities rarely 
enforced this requirement, and very few buildings and public facilities 
were accessible to persons with disabilities. Advocates for persons 
with disabilities complained of widespread job discrimination and 
general apathy on the part of private employers and political leaders 
toward the need for training and equal opportunity.
    The social development ministry's Disability Affairs Unit worked 
with the Bahamas National Council for Disability, an umbrella 
organization of nongovernmental organizations that offered services for 
persons with disabilities, to provide a coordinated public and private 
sector approach to the needs of such persons. A mix of government and 
private residential and nonresidential institutions provided education, 
training, counseling, and job placement services for adults and 
children with both physical and mental disabilities.

    National/Racial/Ethnic Minorities.--The country's racial and ethnic 
groups generally coexisted in a climate of peace and mutual respect 
without overt racial or other tensions. However, anti-Haitian prejudice 
and resentment regarding continued Haitian immigration was common. 
According to unofficial estimates, between 10 and 25 percent of the 
population were Haitians or persons of Haitian descent, making them the 
largest ethnic minority. Many persons of Haitian origin lived in 
shantytowns with limited sewage and garbage services, law enforcement, 
or other infrastructure. Haitian children generally were granted access 
to education and social services, but interethnic tensions and 
inequities persisted.
    Lawyers for an illegal Haitian resident in Nassau, whom an RBDF 
officer shot and injured in May 2007, continued their civil suit 
seeking damages against the officer, the commander of the RBDF, and the 
attorney general for false arrest, false imprisonment, assault and 
battery, and malicious prosecution, even though the man was 
subsequently deported.
    Members of the Haitian community complained of discrimination in 
the job market, specifically that identity and work permit documents 
were controlled by employers seeking leverage by threat of deportation. 
Some also complained of tactics used by immigration officials in raids 
of Haitian or suspected Haitian communities.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against homosexuals occurred, with some persons reporting job and 
housing discrimination based upon sexual orientation. Although 
homosexual relations between consenting adults are legal, there was no 
legislation to address the human rights concerns of homosexuals, 
lesbians, bisexuals, or transgendered persons. In 2006 the 
Constitutional Review Commission found that sexual orientation did not 
deserve protection against discrimination.
    Three killings of reportedly gay individuals during the year, 
following sensationalistic media reporting of gay links in two high-
profile murders in Nassau in November 2007, added to the atmosphere of 
societal intolerance. These killings were still under police 
investigation at year's end.
    Stigma and discrimination against persons with HIV/AIDS was high. 
Violence against persons with HIV/AIDS was not reported, although the 
May victim in one of the unsolved gay killings was the most prominent 
HIV/AIDS activist in the country. His death drew much media attention 
and caused the HIV/AIDS center to close for three months because press 
attention deterred those seeking information and treatment. Children 
living with HIV/AIDS also faced discrimination, and teachers often were 
not told that a child was HIV positive for fear of verbal abuse from 
both educators and peers. The Government maintained a home for orphaned 
children infected with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions without previous authorization or excessive requirements, 
and those laws were applied in practice. Almost one-quarter of the 
workforce (and 80 percent of the workers in the important hotel 
industry) belonged to unions. Members of the police force, defense 
force, fire brigade, and prison guards may not organize or join unions.
    The law provides for the right to strike, and while workers 
exercised this right in practice, the Government has the right to 
intervene in the national interest to assure delivery of essential 
services. The law requires that before a strike begins, a simple 
majority of a union's membership must vote in favor of a motion to 
strike. The Ministry of Labor and Social Development must approve a 
strike ballot. Surprise labor actions by employees of the 
telecommunications monopoly August 11-12 disrupted downtown Nassau and 
Freeport. Employers and government officials viewed the demonstrations 
as unsanctioned and illegal strikes, and disciplinary action was taken 
against workers involved, according to media reports.

    b. The Right to Organize and Bargain Collectively.--Workers freely 
exercised their right to organize and participate in collective 
bargaining, which the law protects. Unions and employers negotiated 
wage rates without government interference.
    The law prohibits antiunion discrimination, and employers can be 
compelled to reinstate workers illegally fired for union activity. This 
law was generally enforced. Under the law, labor disputes first are 
filed with the labor ministry and then, if not resolved, are 
transferred to an industrial tribunal. The tribunal's decision is final 
and can be appealed in court only on a strict question of law. Some 
employers complained that the industrial tribunal was biased unfairly 
in favor of employees. Employees at a salt plant went on strike August 
8, citing, among other reasons, dissatisfaction with the referral of 
their grievances to the tribunal.
    Freeport is a specially designated free trade zone. Labor law and 
practice in this zone do not differ from those in the rest of the 
country. There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--Although the law 
prohibits forced or compulsory labor, including by children, there were 
reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although the law prohibits the employment of children under the age of 
14 for industrial work or work during school hours, some children 
worked part-time in light industry and service jobs. Children under the 
age of 16 may not work at night. There was no legal minimum age for 
employment in other sectors. The labor ministry is responsible for 
enforcing these laws and did so adequately.

    e. Acceptable Conditions of Work.--The Government sets minimum 
wages in a transparent and tripartite manner. The minimum wage for 
government employees, set in 2000, was B$4.45 ($4.45) per hour. A 
minimum wage for the private sector was established in 2002 at B$4.00 
($4.00) per hour. The labor ministry was responsible for enforcing the 
minimum wage but did not do so effectively. Undocumented migrant 
workers often earned less than the minimum wage. The minimum wage did 
not provide a decent standard of living for a worker and family.
    The law provides for a 40-hour workweek, a 24-hour rest period, and 
time-and-a-half payment for hours worked beyond the standard workweek. 
These standards were enforced effectively.
    The labor ministry is responsible for enforcing labor laws and had 
a team of inspectors that conducted on-site visits to enforce 
occupational health and safety standards and investigate employee 
concerns and complaints, although inspections occurred infrequently. 
The ministry normally announced inspection visits in advance, and 
employers generally cooperated with inspectors to implement safety 
standards. It was uncertain whether these inspections effectively 
enforced health and safety standards, although the ministry actively 
sought international assistance during the year to improve performance. 
The law does not provide a right for workers to remove themselves from 
dangerous work situations without jeopardy to continued employment.

                               __________

                                BARBADOS

    Barbados is a parliamentary democracy with a population of 
approximately 278,000. In January 15 general elections, the Democratic 
Labour Party (DLP), which had been in opposition since 1994, defeated 
the Barbados Labour Party, and DLP leader David Thompson became prime 
minister. Civilian authorities generally maintained effective control 
of the security forces.
    Although the Government generally respected the human rights of its 
citizens, problems included excessive use of force by police, poor 
prison conditions, and societal violence 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 arbitrary or 
unlawful killings.
    No information was available about the outcome of investigations 
into three police killings that occurred in 2006.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the constitution specifically prohibits torture and 
inhuman or degrading punishment or other treatment, there were reports 
that police sometimes used excessive force. The majority of complaints 
against the police alleged unprofessional conduct and beating or 
assault. Police were occasionally accused of beating suspects to obtain 
confessions, and suspects often recanted their confessions during their 
trial. There were many cases where the only evidence against the 
accused was a confession. Suspects and their family members continued 
to allege coercion by police, but there was no evidence of systematic 
police abuse.

    Prison and Detention Center Conditions.--Prison conditions improved 
since November 2007, when 1,084 prisoners were transferred to H.M.P. 
Dodds, a new permanent prison in St. Philip, designed to meet modern 
international standards with a capacity of approximately 1,250 
prisoners. In December it held 664 long-term prisoners (those serving 
90 days or more), plus a varying number of short-term and pretrial 
detainees. The temporary facility at Harrison Point was closed, and 
regular visiting rights were restored for family members and attorneys. 
In October, during weeks of heavy rains, washouts and flooding in St. 
Philip led to a brief water crisis in the prison, due to a poorly 
functioning water storage system, and the prison was closed to visitors 
for approximately 10 days. Although prisoners occasionally complained 
about the quality of the food, Dodds has a new canteen program where 
family members can make cash deposits into inmate accounts, and inmates 
may purchase popular food, snacks, toiletries, and dry goods. The 
general reaction to the new prison was positive.
    Despite opening the new prison, the Government was reviewing 
proposals by private sector firms to revamp the prison system, 
including proposals to address potential long-term prison overcrowding.
    The Government permitted prison visits by independent human rights 
monitors.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and imprisonment, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The Royal Barbados 
Police Force (RBPF) numbered 1,429-including 958 special constables-and 
is responsible for internal law enforcement. While still a male-
dominated profession, the number of female recruits increased to 210. 
The small Barbados Defence Force (BDF) protects national security and 
may be called upon to maintain public order in times of crisis, 
emergency, or other specific need. The RBPF reports to the minister of 
home affairs, and the BDF reports to the minister of defense and 
security. Although the police largely were unarmed, special RBPF foot 
patrols in high-crime areas carried firearms. An armed special rapid 
response unit continued to operate. The law provides that the police 
can request the BDF to assist them as needed with special joint 
patrols.
    The Office of Professional Responsibility (OPR), headed by a 
superintendent, handled complaints of inappropriate police conduct. The 
office does not answer to independent civil authority and was 
frequently the subject of complaints of inaction concerning accusations 
of police abuse. The authorities did not report the number of cases the 
OPR handled, and there were no convictions of police for unlawful 
conduct or abuse of authority.

    Arrest and Detention.--Police are authorized to arrest persons 
suspected of criminal activity; a warrant is typically required. The 
constitution permits detainees to be held without charge for up to five 
days; however, once charged, detainees must be brought before a court 
without unnecessary delay. There is a functioning bail system. Criminal 
detainees were given prompt access to counsel and were advised of that 
right immediately after arrest. Access to family members generally was 
permitted.
    Police procedures provide that, except when expressly permitted by 
a senior divisional officer to do otherwise, the police may question 
suspects, and other persons they hold, only at a police station. An 
officer must visit detainees at least once every three hours to inquire 
about the detainees' condition. After 24 hours the detaining authority 
must submit a written report to the deputy commissioner. The 
authorities must approve and record all movements of detainees between 
stations.
    There were between 50 and 100 persons in pretrial detention at 
various times during the year. While length of pretrial detention can 
vary from one case to another, there were no reports of extended 
periods of pretrial detention or abuse of the practice.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary includes the courts of first instance, or 
magistrate's courts, and the Supreme Court of Judicature, which 
consists of the High Court and the Court of Appeals. The Caribbean 
Court of Justice is the final court of appeal.

    Trial Procedures.--The constitution provides that persons charged 
with criminal offenses be given a fair public hearing without 
unnecessary delay by an independent, impartial court and a trial by 
jury. The Government generally respected these rights in practice. 
Defendants have the right to be present and to consult with an attorney 
in a timely manner. The Government provided free legal aid to the 
indigent in family matters, child support, serious criminal cases such 
as rape or murder, and all cases involving minors. Defendants are 
allowed to confront and question witnesses and present evidence on 
their own behalf. Defendants and their attorneys have access to 
government-held evidence relevant to their case. Defendants are 
presumed innocent until proven guilty and have the right of appeal.

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

    Civil Judicial Procedures and Remedies.--Magistrate's courts have 
both civil and criminal jurisdiction, but the civil judicial system 
experienced heavy backlogs. Citizens can seek redress for human rights 
or other abuses through the civil 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.
    There were occasional incidents involving police altercations with 
the press. On December 19, police arrested two journalists who were 
attempting to cover the arraignment of a police officer charged with 
drug possession and trafficking charges.
    The Government restricted the receipt and importation of foreign 
publications deemed to be pornographic.

    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.--There were no reports of 
societal abuses or discrimination, including anti-Semitic acts. The 
Jewish community was very small.
    For more detailed information, 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 it was not used.

    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 
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 a country where their lives or 
freedom would be threatened.
    The Government did not grant refugee status or asylum during the 
year. Although no known cases occurred, the Government was prepared to 
cooperate 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 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 general elections held 
on January 15, the DLP, which had been in opposition since 1994, 
defeated the Barbados Labour Party, led by Prime Minister Owen Arthur. 
The DLP took 20 of the 30 seats available in the parliament's House of 
Assembly, and DLP leader David Thompson was sworn in as prime minister 
on January 16.
    There were no restrictions on the political opposition. Individuals 
and parties were free to declare their candidacy and stand for 
election.
    Two cabinet members were female; there were three women in the 
House of Assembly. There were four women and three minorities in the 
21-member appointed Senate.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There was one report of alleged 
corruption involving a government-funded housing development program 
overseen by a junior minister under the previous government. Although 
the DLP uncovered the alleged corruption and called for an independent 
investigation, the opposition party did not officially dispute the 
incident and also called for an investigation. The DLP continued to 
allege corruption surrounding the building of the national highway 
system, begun under the opposition party. However, no official 
investigations were undertaken into either set of charges.
    There is no law that subjects public officials to financial 
disclosure. Parliament's Public Accounts Committee and the auditor 
general conduct investigations of all government public accounts, which 
include ministries, departments, and statutory bodies.
    There is no law providing citizens access to information held by 
the Government. While access to information was provided on government 
Web sites, responses to requests for specific government information by 
citizens and other interested parties often were slow.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were cooperative and 
responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equal treatment regardless of race, 
origin, political opinion, color, creed, or sex, and the Government 
effectively enforced these provisions.

    Women.--The law prohibits rape, including spousal rape, and the 
maximum penalty for it is life imprisonment. There were legal 
protections against spousal rape for women holding a court-issued 
divorce decree, separation order, or nonmolestation order. At year's 
end the RBPF reported 54 rapes, four assaults with intent to rape, and 
25 cases of sex with a minor.
    Violence and abuse against women continued to be significant social 
problems. The law prohibits domestic violence, provides protection to 
all members of the family, including men and children, and applies 
equally to marriages and to common-law relationships. Penalties depend 
on the severity of the charges and range from a fine for first-time 
offenders (unless the injury is serious) up to the death penalty for a 
killing. Victims may request restraining orders, which the courts often 
issued. The courts can sentence an offender to jail for breaching such 
an order. The police have a victim support unit, made up of civilian 
volunteers, which offered assistance primarily to female victims of 
violent crimes.
    There were public and private counseling services for victims of 
domestic violence, rape, and child abuse. The Business and Professional 
Women's Club operated a crisis center staffed by trained counselors and 
provided legal and medical referral services. The Government funded one 
shelter for battered women, operated by nongovernmental organizations 
(NGOs), which accommodated up to 20 women and children. The shelter 
offered the services of trained psychological counselors to victims of 
domestic violence.
    The Bureau of Gender Affairs cited a lack of specific information 
and an appropriate mechanism for collecting and evaluating data on 
incidents of domestic violence as the major impediments to tackling 
gender-based violence.
    Prostitution is illegal, but it remained a problem, fueled by 
poverty and tourism. A number of brothels with women from Guyana, the 
Dominican Republic, and other Caribbean islands operated in the 
country. The police and immigration officers periodically raided 
brothels and deported women found working illegally. There is no 
statute specifically prohibiting sexual tourism and no statistics on 
it, but anecdotal evidence suggested that it occurred.
    The law does not deal with sexual harassment, and sexual harassment 
in the workplace was a problem, but no statistics were available. Media 
reports often indicated that women were afraid to report sexual 
harassment because they feared retribution in the workplace. An NGO 
advocacy group called the Coalition on Sexual Harassment, together with 
the Department of Labor, among others, called for legislation to 
address this problem.
    The Office of Gender Affairs in the Ministry of Social 
Transformation worked to ensure the rights of women. Women have equal 
property rights, including in a divorce settlement. Women actively 
participated in all aspects of national life and were well represented 
at all levels of the public and private sectors. A Poverty Eradication 
Fund focused on encouraging entrepreneurial activities to increase 
employment for women and youth.

    Children.--The Government was committed to children's human rights 
and welfare, although violence and abuse against children remained 
serious problems.
    The Child Care Board has a mandate for the care and protection of 
children, which involved investigating day care centers and cases of 
child abuse or child labor and providing counseling services, 
residential placement, and foster care. The Welfare Department offered 
counseling on a broad range of family related issues, and the Child 
Care Board conducted counseling for child abuse victims.

    Trafficking in Persons.--The constitution and laws do not 
specifically prohibit trafficking in persons, although laws against 
slavery, forced labor, or other crimes could be applied. A law 
prohibiting the procurement of persons for sex, which carries a 15-year 
sentence, could be used to prosecute that type of trafficking cases. 
There were limited reports that persons were trafficked to the country, 
both to work as prostitutes and as domestic workers or in the 
construction and garment industries.
    The Government has no dedicated facilities to assist victims and 
does not provide funding to antitrafficking NGOs. During the year the 
Immigration Department deported a total of 258 persons for unspecified 
immigration violations, the majority of whom were from Guyana (129), 
followed by Jamaica (67), and Saint Vincent and the Grenadines (24). 
Trafficking victims were often treated as criminals and deported after 
being held only temporarily for questioning.
    The Office of Gender Affairs organized public forums to raise 
awareness of 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 are no laws that specifically 
prohibit discrimination against persons with disabilities in 
employment, education, or the provision of other state services, other 
than constitutional provisions asserting equality for all. In practice 
persons with disabilities faced some discrimination. The Ministry of 
Social Transformation operated a Disabilities Unit to address the 
concerns of persons with disabilities, but parents complained of added 
fees and transport difficulties for children with disabilities at 
public schools.
    While no legislation mandates provision of accessibility to public 
thoroughfares or public or private buildings, the Town and Country 
Planning Department set provisions for all public buildings to include 
accessibility to persons with disabilities. As a result, the majority 
of new buildings had ramps, reserved parking, and special sanitary 
facilities for such persons.
    The Government's National Disabilities Unit continued numerous 
programs for persons with disabilities, including Call-a-Ride and Dial-
a-Ride public transportation programs, sensitization workshops for 
public transportation operators, inspections of public transportation 
vehicles, sign language education programs, integrated summer camps, 
and accessibility programs.

    Other Societal Abuses and Discrimination.--The law criminalizes 
consensual homosexual relations, and there are no laws that prohibit 
discrimination against a person on the basis of sexual orientation in 
employment, housing, education, or health care. Although no statistics 
were available, anecdotal evidence suggested that societal 
discrimination against homosexuals occurred. An NGO reported an 
instance in which a gay person who sought police protection from an 
abusive partner was denied and later killed by that partner.
    The Government funded a large country-wide media campaign to 
discourage discrimination against HIV/AIDS-infected persons and others 
living with them.
Section 6. Worker Rights
    a. The Right of Association.--Workers freely exercised their right 
to form and belong to trade unions. Approximately 25 to 30 percent of 
the 120,000-person workforce was unionized; unionized workers were 
concentrated in key sectors such as transportation, government, and 
agriculture. There were two major unions, one in the public sector and 
the other focused on the private sector; with no competition between 
them, the unions wielded significant influence.
    The law provides for the right to strike, and workers exercised 
this right in practice. All private and public sector employees are 
permitted to strike, but essential workers may strike only under 
certain circumstances and after following prescribed procedures.

    b. The Right to Organize and Bargain Collectively.--Workers 
exercised the legal right to organize and bargain collectively. Since 
1993 a series of negotiated protocols contained provisions for 
increases in basic wages and increases based on productivity. 
Government, private sector, and labor representatives signed a fifth 
such protocol in 2005.
    Although employers were under no legal obligation to recognize 
unions under the law, most did so when a significant percentage of 
their employees expressed a desire to be represented by a registered 
union. While there is no specific law that prohibits discrimination 
against union activity, the courts provide a method of redress for 
employees who allege wrongful dismissal. The courts commonly awarded 
monetary compensation but rarely ordered reemployment.
    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 provides for a minimum working age of 16, and this provision 
generally was observed in practice. Compulsory primary and secondary 
education policies reinforced minimum age requirements. The Labor 
Department had a small cadre of labor inspectors who conducted spot 
investigations of enterprises and checked records to verify compliance 
with the law. These inspectors may take legal action against an 
employer who is found to have underage workers.

    e. Acceptable Conditions of Work.--The law provides for and the 
authorities established minimum wage rates for specified categories of 
workers. The process is transparent and involves tripartite 
participation by government, labor, and the private sector. The 
categories of workers with a formally regulated minimum wage are 
household domestics and shop assistants. The minimum wage for these 
employees was BDS$5 (approximately $2.50) per hour, which was only 
marginally sufficient to provide a decent standard of living for a 
worker and family. The Ministry of Labor and Social Security 
recommended that companies use this as the de facto minimum wage, and 
most employees earned more than the minimum wage. The Labor Department 
within that ministry was charged with enforcing the minimum wage. There 
were occasional press reports alleging that migrant workers received 
less than the minimum wage.
    The standard legal workweek is 40 hours in five days, and the law 
requires overtime payment for hours worked in excess. The law 
prescribes that all overtime must be voluntary.
    The 2005 Occupational Safety and Health at Work Act was never 
promulgated into law. The Labor Department enforced other health and 
safety standards, such as those in the 1986 Factories (Amendment) Act, 
and in most cases followed up to ensure that management corrected 
problems cited. The law requires that in certain sectors firms 
employing more than 50 workers create a safety committee that could 
challenge the decisions of management concerning the occupational 
safety and health environment. Civic organizations such as the Barbados 
Employer's Confederation worked closely with the Government to ensure 
that worker safety is protected despite the nonimplementation of the 
2005 law. Trade union monitors identified safety problems for 
government factory inspectors to ensure the enforcement of safety and 
health regulations and effective correction by management. The Labor 
Department's Inspections Unit conducted several routine annual 
inspections of government-operated corporations and manufacturing 
plants. Workers had the right to remove themselves from dangerous or 
hazardous job situations without jeopardizing their continued 
employment.

                               __________

                                 BELIZE

    Belize is a constitutional parliamentary democracy with an 
estimated population of 314,300. Prime Minister Dean Barrow's United 
Democratic Party (UDP) won 25 of the 31 seats in the House of 
Representatives following generally free and fair multiparty elections 
held on February 7. 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 the human rights of its 
citizens. Human rights problems included brutality and the use of 
excessive force by security forces, which the Government in some cases 
took steps to prosecute administratively. Lengthy pretrial detention 
remained a problem. Domestic violence, discrimination against women, 
sexual abuse of children, trafficking in persons for sexual and labor 
exploitation, and child labor 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.--In August a police 
constable was charged with murder for fatally shooting a man in the 
back of the head. The court date originally set for October was 
postponed twice and remained to be rescheduled.

    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 torture or other inhuman 
punishment, there were numerous reports that police used excessive 
force.
    The politically appointed position of ombudsman that previously 
received complaints of alleged misconduct and abuse by police remained 
vacant from February through year's end. Several cases of alleged abuse 
featured in the press were never reported to the Office of the 
Ombudsman or to the Police Department's Office of Internal Affairs 
(OIA) for investigation. The Government occasionally ignored reports of 
abuses, withheld action until the case had faded from the public's 
attention, and then failed to take punitive action or transferred 
accused officers to other districts.
    Through year's end the OIA recorded 82 allegations of police 
violence and 48 complaints of police abuse. The ombudsman received 229 
complaints of alleged police abuse in 2007 but suspended taking 
complaints from February to year's end while the office was vacant.
    In February a San Ignacio police corporal was arrested on charges 
of extortion and unlawful carnal knowledge (sexual relations with a 
child between 14 and 16 years old) of a 14-year-old girl. The case was 
heard and adjourned in October.
    In March an Orange Walk woman was hospitalized with cuts and 
bruises to her neck and hands. She stated that two police officers 
grabbed her outside her home, claiming that she was drunk and 
disturbing the peace, and then beat her. Only one police officer was 
investigated and found guilty. He was transferred and was required to 
pay a fine.
    In May a police officer beat a Dangriga hospital patient with a 
shotgun. At a disciplinary hearing, the court found the supervising 
officer guilty of one count of prejudice to good order and discipline 
and one count of neglect of duty. He was demoted and fined. The court 
criminally charged the second officer with ``harm, wounding, and 
aggravated assault.'' His trial began on October 22, was adjourned 
twice, and was scheduled to resume in 2009.
    In September 2007 a man claimed that a police corporal used 
excessive force against him while he was in police custody. On May 13, 
a court dismissed the case against the corporal for lack of sufficient 
evidence.
    In September 2007 a Dangriga police constable was suspended from 
duty on charges of raping a 14-year-old girl. The officer's case was 
postponed and scheduled for trial in the Supreme Court in February 
2009.
    In October 2007 police shot and killed a San Pedro man, claiming 
afterward that he had pointed a gun at them. Although ordered by the 
Director of Public Prosecutions (DPP),a coroner's inquest had not been 
rescheduled, and the case remained under investigation at year's end.
    In December 2007 another San Pedro man claimed that police 
apprehended him after they planted marijuana in his home. He claimed he 
was held in a cell, handcuffed, beaten with batons and rubber hoses, 
and sprayed with pepper spray. A police tribunal investigated five 
officers, convicted two of using unwarranted personal violence on a 
person in custody, and fined and severely reprimanded them. The other 
officers were acquitted and transferred. The victim did not request any 
court action.
    On January 15, a police tribunal dismissed for lack of sufficient 
evidence a 2006 case in which police allegedly used batons to beat 
three brothers in their home.
    The solicitor general reached a partial settlement with two men 
from Stann Creek who claimed that Dangriga police tortured them in 2005 
with electric shocks and beating. The Government paid monetary 
compensation; there were no reports of disciplinary action. One of the 
police officers involved was promoted following the filing of the case 
and was subsequently involved in another instance of misconduct.

    Prison and Detention Center Conditions.--Prison conditions were 
poor and did not meet international standards. The country's only 
prison, Hattieville Central Prison, which was designed for 1,200 
inmates, held 1,351 inmates, including 30 women and 59 juveniles. 
Although the prison budget provided $12 BLZ ($6.00) per prisoner per 
day to cover all operating costs, a local nonprofit organization, the 
Kolbe Foundation, which administered Hattieville, reported that actual 
costs were $15 BLZ ($7.50) per inmate per day. Prison officials 
reported overcrowding in the two buildings that served as the remand 
section of the prison.
    The Kolbe Foundation, which investigated formal complaints 
regarding prison conditions, reported no cases of abuse or excessive 
force by prison officials. Isolation in a small, unlit, unventilated 
punishment cell called ``supermax'' was used to discipline inmates.
    There were daily reports of inmate-on-inmate abuse, although no 
killings were reported during the year. Prisoners convicted or accused 
of certain serious crimes such as child molestation were often held in 
the remand section of the Hattieville prison for their protection.
    The Government's Women's Department provided counseling and 
educational services for female inmates. The prison included a separate 
facility for women, located 200 yards outside the main compound. 
Conditions in the women's facility were significantly better than those 
in the men's compound. The Government does not incarcerate female 
juveniles charged or convicted of crimes but places them in the care of 
the Government social services authorities. During the year there were 
no female juveniles in the custody of the social services authorities. 
Juvenile males, on remand and convicted, lived in a separate facility 
outside the main perimeter fence.
    The Government permitted visits by independent human rights 
observers, although none took place during the year.

    d. Arbitrary Arrest or Detention.--Although the constitution and 
law prohibit arbitrary arrest and detention, there were occasional 
accusations of arbitrary arrest and detention.

    Role of the Police and Security Apparatus.--National and local 
police under the Office of the Commissioner of Police maintain internal 
security. The Ministry of National Security supervises the Department 
of Police and the Department of Immigration. The Customs Department 
reports to the Ministry of Finance. The Belize Defense Force (BDF), 
under the Ministry of National Security, handles external security and 
also has some responsibilities for domestic security under the Office 
of the Commissioner of Police to complement mobile and foot patrols. 
BDF soldiers carry out preventive patrols along with the police, 
primarily in Belize City. The 1,240-member national police force 
responded to complaints. A lack of government resources, low pay for 
officers, and corruption remained problems. During the year there were 
no reported cases of impunity for security authorities.
    The OIA received and investigated 30 complaints of police 
corruption. Twenty-one police officers were disciplined for corruption, 
violence, or abuse, resulting in 10 monetary fines, five reprimands, 
two severe reprimands, and four dismissals. Thirty-seven cases related 
to corruption, violence, or abuse remained under investigation.
    In March three police officers faced disciplinary charges for 
planting cocaine in the home of a Taiwanese man and then demanding 
$2,000 BLZ ($1,000) from the man to avoid arrest. None of the officers 
were criminally charged. Internal police disciplinary action resulted 
in one fine, one dismissal from the police force, and one case 
dismissal.

    Arrest and Detention.--Police must obtain search or arrest warrants 
issued by a magistrate, except in cases of hot pursuit, when there is 
probable cause, or when the presence of a firearm is suspected. Customs 
officers may search a premise with a writ of assistance issued by the 
Office of the Comptroller of Customs. The law requires police to inform 
a detainee (in writing) of the cause of detention within 48 hours of 
arrest and to bring the person before a magistrate to be charged within 
a reasonable time (normally 24 hours). In practice arresting police 
informed detainees immediately of the charges against them.
    The law requires police to follow the ``Judges' Rules,'' a code of 
conduct governing police interaction with arrested persons. Although 
cases sometimes were dismissed when the Judges' Rules were violated, 
more commonly a confession obtained through violation of these rules 
was deemed invalid. Detainees usually were granted timely access to 
family members and lawyers, although there were occasional complaints 
that inmates were denied access or a telephone call after arrest. Bail 
was available for all cases except killings and generally was granted. 
In cases involving narcotics, the law does not permit police to grant 
bail, but a magistrate's court may do so after a full hearing.
    Detainees sometimes could not afford bail, and backlogs in the 
docket often caused considerable delays and postponement of hearings; 
the result was prison overcrowding and occasionally prolonged pretrial 
detention. Approximately 217 persons or 16 percent of the prison 
population was in pretrial detention.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence. The constitution is the supreme law of the land and 
persons have the right to bring legal actions for alleged violations of 
rights protected under the constitution, regardless of whether there is 
also implementing legislation.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The law 
extends the following rights to persons accused of civil or criminal 
offenses: presumption of innocence, protection against self-
incrimination, defense by counsel only in capital cases, a public 
trial, and appeal. Defendants have the right to be present at their 
trial unless the court determines that the opposing party has a 
substantiated fear for safety, and in those cases, the court can grant 
interim provisions that both parties be addressed individually during a 
five-day period.
    The Government provided legal counsel for indigent defendants only 
in capital murder cases. Most defendants could not afford an attorney, 
and there was a higher rate of conviction of defendants without legal 
representation. Many defendants remained unrepresented. A severe lack 
of trained personnel constrained the judicial system, and very junior 
counsels or police officers often acted as prosecutors in the 
magistrates' courts.
    Lengthy trial backlogs remained during the year. The DPP cited 
staffing constraints as the main reason for the backlog. Routine cases 
without a defense attorney were decided within three months, but cases 
involving a serious crime or in which a defense attorney was present 
took more than one year. The DPP has dismissed a large number of 
Supreme Court cases citing uncooperative witnesses and a lack of 
evidence. Judges were often slow to issue rulings, which in some 
instances took a year or longer.

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

    Civil Judicial Procedures and Remedies.--Most civil suits are heard 
in the Supreme Court; however, the magistrates' courts have 
jurisdiction over civil cases involving sums of less than $5,000 BLZ 
($2,500). In addition to civil cases, the Supreme Court has 
jurisdiction over cases involving human rights issues. The backlog of 
civil cases in the Supreme Court increased during the year due to an 
increase in the number of cases.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such practices, and 
government authorities 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 constitution, however, permits authorities to 
forbid any citizen to question the validity of financial disclosure 
statements submitted by public officials. Anyone who questions these 
statements orally or in writing outside a rigidly prescribed procedure 
is subject to a fine of up to $5,000 BLZ ($2,500), imprisonment of up 
to three years, or both. There were no reports that this prohibition 
was used during the year.
    The independent media were active and expressed a wide variety of 
viewpoints without restriction. All newspapers were subject to libel 
laws that were enforced during the year.
    The Belize Broadcasting Authority regulated broadcasting and had 
the right to preview certain broadcasts, such as those with political 
content, and to delete any defamatory or libelous material from 
political broadcasts. This right was not exercised 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. 
Lack of infrastructure and high costs limited public access to the 
Internet. The International Telecommunication Union reported that in 
2007 there were 11 Internet users per 100 inhabitants.

    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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination, including anti-Semitic acts. There 
were fewer than 10 members of 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 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 constitution prohibits forced internal or external exile of 
citizens, and there were no reports that the Government used 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 nongovernmental organization (NGO) Help For Progress, the 
UNHCR's implementing partner in the country, assisted with refugee and 
asylum cases. Individual cases were handled through the Immigration and 
Nationality Department.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. Three incidents involving 38 shipwrecked 
Cubans were reported by the media and confirmed by the Government. The 
Cubans were reportedly en route to the U.S. and received assistance 
from the Belize National Coast Guard, the Belize National Police, the 
BDF, and the Immigration and Nationality Department. Their boats were 
repaired and they continued on their journey.
    In August one family from Honduras and in September one family from 
Guatemala were granted employment and residence permits after stating 
they were fleeing their home countries after being threatened and 
targeted by gangs.
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 by secret ballot and on 
the basis of universal suffrage for all citizens age 18 and older.

    Elections and Political Participation.--On February 7, the UDP 
obtained a parliamentary majority in generally free and fair elections.
    There were no women in the 31-seat House of Representatives. There 
were five women, among them the president, in the 12-member appointed 
Senate. Mestizo, Creole, Maya, Garifuna, Mennonite, and other minority 
and immigrant groups were represented in the National Assembly and at 
the highest levels of government.

    Governmental Corruption and Transparency.--The law provides 
criminal penalties for official corruption; however, there have been no 
successful prosecutions for official corruption. The World Bank's 
worldwide governance indicators reflected that corruption was a 
problem.
    There were public indications of government corruption under the 
previous administration during the year. On December 4, the Government 
charged former prime minister Said Musa with a single count of theft in 
connection with the alleged misappropriation in 2007 of a $10 million 
grant from Venezuela earmarked for housing. Musa allegedly directed the 
funds be paid to satisfy a government-guaranteed private hospital debt, 
allegedly without authorization. Musa was granted bail and his trial 
was scheduled to begin January 2009.
    The Prevention of Corruption in Public Life Act requires public 
officials to submit annual financial statements, which are to be 
reviewed by the Integrity Commission.
    The law provides for public access to documents of a ministry or 
prescribed authority upon written request, although it protects a 
number of categories, such as documents from the courts or those 
related to national security, defense, or foreign relations. The 
Government must supply to the Office of the Ombudsman a written reason 
for any denial of access, the name of the person making the decision, 
and information on the right to appeal.
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 often were 
cooperative and responsive to their views.
    The ombudsman, although appointed by the Government, acts as an 
independent check on governmental abuses. The position remained vacant 
through year's end.
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 effectively 
enforced these prohibitions.

    Women.--The law criminalizes rape, including spousal rape. The 
criminal code states that persons convicted of rape or marital rape 
shall be sentenced to not less than eight years' and up to life 
imprisonment. In practice, however, sentences were often much lighter. 
In a number of instances, the DPP dropped the charges if the accusing 
party did not testify at trial. Police and courts enforced statutory 
rape laws; however, in relation to the number of accusations, 
convictions were infrequent as the prosecution discontinued cases when 
complainants were unwilling to proceed or requested no further court 
action. Through year's end police reported 38 cases of rape and 23 
arrests. Through year's end the Supreme Court recorded 12 cases of 
rape, resulting in no convictions, three acquittals, and nine nolle 
prosequi decisions.
    The law prohibits domestic violence and contains penalties, 
including imprisonment for violations, depending on the crime. The law 
empowers the family court to issue protection orders against accused 
offenders. Domestic violence against women remained a significant 
problem. Through September the Ministry of Health reported 1,070 cases 
of domestic violence recorded by police and health authorities. 
Domestic violence was most prevalent in the Belize District, which 
includes Belize City. There were two women's shelters in the country 
with a total of 18 beds to offer short-term housing.
    The law does not explicitly address adult prostitution, and the 
Government did not use law enforcement resources to combat 
prostitution. Loitering for the purposes of prostitution, operating a 
brothel, and soliciting sex are illegal.
    The magistrates' courts deal with sexual harassment complaints. 
There are no criminal penalties for sexual harassment, and no sexual 
harassment cases were brought during the year.
    Despite legal provisions for gender equality, the media continued 
to report that women faced social and economic discrimination. There 
were no legal impediments to women owning or managing land or other 
real property. Women participated in all spheres of national life but 
held relatively few top managerial positions. Although the law mandates 
equal pay for equal work, women tended to earn less than men. The 
median monthly income for a working woman was $710 BLZ ($355), compared 
with $751 BLZ ($374.50) for a man, based on the 2007 Belize Labor Force 
Survey.
    The Women's Department under the Ministry of Human Development, 
Women and Children, and Civil Society is responsible for developing 
programs to improve the status of women. A number of officially 
registered women's groups also worked closely with various government 
ministries to promote social awareness programs.

    Children.--The Government was committed to children's rights and 
children's welfare.
    Education is compulsory for children between the ages of five and 
14. After finishing primary education, children may enter a secondary 
school, a government-run apprenticeship program, or a vocational 
institution. Most students reached fifth grade.
    Through September the Epidemiology Unit at the Ministry of Health 
recorded 37 cases of domestic violence and 19 cases of sexual abuse 
against children under 15. The police reported 98 cases of unlawful 
carnal knowledge through year's end. In many cases the Government was 
unable to prosecute individuals for unlawful carnal knowledge and 
unlawful carnal knowledge because the victims or their families were 
reluctant to press charges.
    The law allows authorities to remove a child from an abusive home 
environment and requires parents to maintain and support children until 
the age of 18. The UN Children's Fund (UNICEF) expressed concern about 
the criminal justice system's response to cases, as many of the 
perpetrators were not prosecuted and many cases were withdrawn due to 
lack of evidence and poor-quality investigations.
    The Family Services Division in the Ministry of Human Development, 
Women and Children, and Civil Society was the Government office devoted 
to children's issues. The division coordinated programs for children 
who were victims of domestic violence, advocated remedies in specific 
cases before the family court, conducted public education campaigns, 
investigated cases of trafficking in children, and worked with local 
and international NGOs and UNICEF to promote children's welfare.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
which is punishable by fines of up to $10,000 BLZ ($5,000) and 
imprisonment of up to five years. There were reports that persons were 
trafficked within, to, and through the country, mainly from neighboring 
countries, for purposes of forced labor and commercial sexual 
exploitation.
    There were no reliable estimates of the extent of trafficking. 
However, the Ministry of Foreign Affairs, working with the Ministry of 
Human Development, indicated 70 victims of trafficking in persons were 
identified through year's end. Sixty-five of the victims comprised one 
trafficking case. There were reports that women were trafficked to the 
country from neighboring countries such as Guatemala, Honduras, and El 
Salvador, primarily for prostitution and nude dancing. NGOs reported 
that persons in the commercial sex trade appeared to be in the country 
(and in their current occupation) by choice, usually at the suggestion 
of a friend or family member who was also engaged in commercial sex 
work. Victims generally lived in squalid conditions in the bars where 
they worked. Some bar owners reportedly confiscated victims' passports.
    The Government's National Committee for Families and Children and 
UNICEF reported that underage girls from economically disadvantaged 
backgrounds often provided sexual favors to older men, ``sugar 
daddies,'' in exchange for clothing, jewelry, school fees, or books, at 
the urging of their families.
    There was evidence of persons trafficked for labor purposes. Two 
cases reported in the media involved Indian nationals mistreating shop 
employees and withholding passports of five employees. In August 
authorities charged a Chinese company contracted to build a hydrodam 
with five counts of withholding travel documents. The Immigration and 
Nationality Department provided temporary residence permits to allow 
several of the victims, who had been trafficked from Nepal, to stay in 
the country. The judge dismissed the court case based on procedural 
issues including presentation of evidence and sequencing of witnesses. 
The director of public prosecutions appealed the decision in October, 
and the appeal awaited further trial in the Supreme Court.
    On January 11, a court dismissed on grounds of insufficient 
evidence all charges of trafficking against an Indian businessman 
arrested in 2006 on charges of withholding his employees' travel 
documents. Witnesses for the prosecution were uncooperative and failed 
to testify.
    There were no successful prosecutions against traffickers during 
the year. Two 2007 cases involving trafficking or related offenses 
appeared before the magistrates' courts during the year. A police raid 
on a brothel in 2007 resulted in one charge of human trafficking for a 
Corozal bar owner after a 16-year-old Central American woman was found 
working as a prostitute. The case was dismissed in October when 
Department of Human Services staff interviewed the victim and found the 
woman worked willingly for the bar owner.
    In February 2007 two police officers were charged with human 
trafficking after eight illegal immigrants were found in a van driven 
by one of the officers. A police disciplinary panel dismissed the 
officers in 2007, and a court dismissed their criminal case in June 
after the DPP determined the charges were incorrect; subsequent 
prosecution for alien smuggling was barred by expiration of the statute 
of limitations.
    The law provides for limited victims' assistance, although in 
practice government resources were insufficient to provide meaningful 
aid to victims. Noncitizen victims willing to assist in prosecuting 
traffickers are legally eligible for residency status.
    The Government's Anti-Trafficking in Persons Committee, led by the 
Ministry of Human Development and including representatives of various 
other ministries, departments, and NGOs, is the lead entity in 
combating trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/t/tip.

    Persons With Disabilities.--Although the law does not expressly 
prohibit discrimination against persons with physical and mental 
disabilities, the constitution provides for the protection of all 
citizens from any type of discrimination. The law does not provide for 
accessibility for persons with disabilities. There were two schools-the 
Cayo Deaf Institute in Central Farm and the Stella Maris School for 
disabled children in Belize City-and four special education centers 
(located in Corozal, Punta Gorda, Orange Walk, and Dangriga) for 
children with disabilities.
    Informal government-organized committees for persons with 
disabilities were tasked with public education and enforcing 
protection. Private companies and NGOs, such as the Parents Association 
for Children with Special Needs and the Belize Council for the Visually 
Impaired, provided services to persons with disabilities. The Ministry 
of Education maintained an educational unit offering limited special 
education programs within the regular school system.

    National/Racial/Ethnic Minorities.--Ethnic tension, particularly 
resentment of recently arrived Central American and Asian immigrants, 
continued to be a problem, resulting in discrimination characterized 
largely by verbal mistreatment.

    Indigenous People.--The country's pluralistic society comprised 
several ethnic minorities and indigenous Mayan groups. Among the 
country's indigenous population, the Mopan and Kekchi historically were 
characterized under the general term Maya, although self-proclaimed 
leaders more recently asserted that they should be identified as the 
Masenal (``common people''). The Maya Leaders' Alliance, which 
comprised the Toledo Maya Cultural Council, the Kekchi Council of 
Belize, the Toledo Alcaldes Association, and the Toledo Maya Women's 
Council, monitored development in the Toledo District with the goal of 
protecting Mayan land and culture. While there were legal disputes 
concerning land development, there were no reports of governmental 
violations of civil or political rights.

    Other Societal Abuses and Discrimination.--There were incidents of 
discrimination based on sexual orientation, but determination of its 
extent was difficult to ascertain.
    There was some societal discrimination against persons with HIV/
AIDS, and the Government worked to combat it through the public 
education efforts of the National AIDS Commission under the Ministry of 
Human Development and through the Pan-American Social Marketing 
Organization.
Section 6. Worker Rights
    a. The Right of Association.--By law and in practice, workers 
generally were free to establish and join trade unions. Eleven 
independent unions, whose members constituted approximately 7 percent 
of the labor force, represented a cross-section of workers, including 
most civil service employees. The Ministry of Labor recognizes a union 
after it has registered. The union must be certified by a tripartite 
body comprising three members each from an established trade union, the 
business community, and government, in order to represent workers. Both 
law and precedent effectively protect unions against dissolution or 
suspension by administrative authority.
    The law permits unions to strike and does not generally require 
notice before a strike. However, this right is not extended to public 
sector workers in areas designated as ``essential services,'' which are 
broadly defined and include postal, sanitary, health, and other 
services, as well as services in which petroleum products are sold, and 
which must provide 21 days' notice to strike. The law also empowers the 
Government to refer a dispute to compulsory arbitration in order to 
prevent or terminate a strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and unions practiced it freely. 
Although employers and unions can set wages in free negotiations, more 
commonly employers simply established them. The labor commissioner or 
his representative has the authority to act as a mediator in deadlocked 
collective bargaining negotiations between labor and management, 
offering nonbinding counsel to both sides. If either union or 
management chooses not to accept the commissioner's decision, both may 
request a legal hearing.
    Unions may organize freely, but the law does not require employers 
to recognize a union as a bargaining agent if no union within that 
sector covers more than 50 percent of the workers.
    The law prohibits antiunion discrimination but does not require 
reinstatement of employees fired for union organizing activities. In 
practice there was antiunion discrimination on the banana plantations 
and in the export processing zones (EPZs), where employer collectives 
and associations have not agreed to recognize unions. While an 
aggrieved employee can seek redress from the courts, effective redress 
for workers dismissed for union organizing was extremely difficult to 
obtain. Although workers are able to file complaints with the Labor 
Department, it was difficult for workers filing complaints to prove 
that a termination was due to union activity, and fines imposed on 
employers in cases of antiunion discrimination were too low to 
discourage employers from such practices.
    There are no special laws or exemptions from the regular labor laws 
in the country's 63 EPZs. There were no unions in the EPZs.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under age 12 and the 
employment of children between the ages of 12 and 14 before the end of 
school hours on official school days. While the law does not expressly 
provide for a maximum number of weekly hours of work that can be 
performed by persons under 18 years of age, it generally limits work 
hours for all persons to 45 hours per week. The law expressly prohibits 
children from working overtime. The law permits children to work on 
family farms and in family-run businesses. The minimum age for 
employment involving hazardous machinery is 17 years. There were 
ambiguities in the legal definition of child labor in relation to light 
work, hazardous work, and artistic performance; the Ministry of Labor 
in consultation with UNICEF and other stakeholders worked to add more 
specificity to the regulations. Inspectors from the Departments of 
Labor and Education are responsible for enforcing these regulations, 
but there were no updated reports on whether child labor laws were well 
enforced during the year.
    Child labor was a problem in family-related commercial activities. 
Children in rural areas worked on family plots and businesses after 
school, on weekends, and during vacations, and were involved in the 
citrus and banana industries as field workers. Children in urban areas 
shined shoes; sold food, crafts, and other small items; and worked in 
markets. Adolescent girls, some of whom were trafficked within the 
country and to and from neighboring countries, worked as domestic 
servants and in commercial sexual activities. Children were frequently 
observed selling fruit and baked goods along the country's northern and 
southern highways. Children also were observed crossing into the 
country from Guatemala on a daily basis to work as street vendors in 
the urban centers of the Cayo district. A 2003 International Labor 
Organization study estimated that 6 percent of children between the 
ages of five and 17 were working, with 69 percent engaged in hazardous 
work. There were no government-sponsored child labor prevention 
programs.

    e. Acceptable Conditions of Work.--The national minimum wage varies 
according to the type of work in which the employee is engaged. The 
minimum wages for various sectors were established based on a survey of 
various domestic businesses, resulting in an average that was reviewed 
and approved by the cabinet. The survey was conducted in 2006 by the 
wages council which consists of representatives of government, 
employers, and unions. For those in agriculture and agroindustry, the 
hourly minimum wage was $2.50 BLZ ($1.25); for manual and domestic 
workers, it was $3.00 BLZ ($1.50). The minimum wage law did not cover 
workers paid on a piecework basis. The national minimum wage did not 
provide a decent standard of living for a worker and family. The 
Ministry of Labor was charged with enforcing the minimum wage, which 
generally was respected in practice.
    The law sets the workweek at no more than six days or 45 hours and 
requires premium payment for overtime work. The exploitation of 
undocumented Central American workers, particularly young service 
workers and agricultural workers, continued to be a problem.
    Several different health and safety regulations covered numerous 
industries, and the Ministry of Labor enforced these regulations to 
varying degrees due to limited resources. The Government committed its 
limited inspection and investigative resources principally to urban and 
more accessible rural areas where labor, health, and safety complaints 
were registered. Workers have the legal right to leave a dangerous 
workplace situation without jeopardy to continued employment and did so 
in practice.

                               __________

                                BOLIVIA

    Bolivia is a constitutional, multiparty democracy with a population 
of approximately 9.25 million. In 2005 in a free and fair process, 
citizens elected Evo Morales Ayma, leader of the Movement Towards 
Socialism (MAS) party, as president. Government efforts to bring a 
controversial new constitution to a national referendum, opposition 
demands for greater regional autonomy, and contesting demands for 
government funds led to a series of violent confrontations and large-
scale road blockades. Civilian authorities generally maintained 
effective control of the security forces.
    While the Government generally respected the human rights of its 
citizens, there were problems in some areas. The most significant human 
rights problems were abuses by security forces; harsh prison 
conditions; arbitrary arrest and detention; attacks on the judiciary by 
the executive branch; threats to civil liberties, including legal 
rights and press freedom; use of excessive force and other abuses in 
internal conflicts; corruption and a lack of transparency in 
government; discrimination based on gender, ethnicity, and sexual 
orientation; trafficking in persons; child labor; forced or coerced 
labor; and brutal working conditions in the mining sector.
                        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, but an 
estimated 17 deaths occurred during politically related conflicts. An 
opposition sympathizer died of riot control gas inhalation during the 
May 4 autonomy referendum in Santa Cruz Department (state). On August 
5, two miners died in a confrontation with police during a protest in 
the town of Caihuasi in Oruro Department. A violent confrontation 
involving progovernment campesinos (peasant farmers) and backers of the 
opposition-aligned Prefect (governor) Leopoldo Fernandez resulted in 
the deaths of 13 persons in Pando Department on September 11 and 
September 12, according to the prosecutor's office. On December 15, in 
breaking up a protest by several thousand people in the city of 
Patacamaya regarding government restrictions on importing used cars in 
a free-trade zone, police shot and killed one person. Approximately ten 
people were injured, including several police.
    On August 5, police attempting to clear a week-long blockade on the 
road between Cochabamba and La Paz became involved in a conflict with 
up to 4,000 striking miners. The Government and labor union leaders 
each blamed the other for the deaths of two miners who were shot and 
killed. An investigation into the exact cause of the deaths was ongoing 
at year's end.
    Deaths by lynching remained a problem. While there were no official 
statistics for lynching deaths, the Government's Special Force Against 
Crime (FELCC) registered 31 reported cases through September: seven 
cases in El Alto, five in La Paz, two in Potosi, nine in Cochabamba, 
one in Sucre, and seven in Santa Cruz. Local press reports in 
Cochabamba reported 15 lynchings. The Cochabamba ombudsman's office 
estimated at least 45 lynchings across the country.
    In locations where lynching was common, some residents attempted to 
justify the practice by asserting that it was part of their tradition 
of ``communitarian justice'' and a pragmatic response to a lack of 
access to justice through the legal system, which was a problem. The 
Inter-American Commission on Human Rights (IACHR) in a June 2007 report 
noted that only 180 of the 327 municipalities had a judge, only 76 had 
a prosecutor, and only 11 had a public defender. According to a Freedom 
House 2008 report released during the year, a ``lack of clarity'' in 
codifying indigenous customary law ``resulted in dozens of acts of 
'communal justice,' including lynching, in violation of international 
human rights norms.''
    In a high profile case on November 17, a large crowd of Achacachi 
residents stoned and burned eleven suspected thieves, killing two and 
badly injuring the rest. According to local media, which published 
graphic pictures of the victims, police rescued the survivors after 
several hours of torture in a local soccer stadium. Residents refused 
to cooperate with an official investigation. In another case on 
December 4, a youth in Riberalta was beaten to death for stealing 
toilet paper.
    In December the Supreme Court requested that Congress authorize an 
impeachment trial to remove immunities enjoyed by members of the 
Ministry of Government implicated in the November 2007 alleged killings 
of Gonzalo Duran Carazani, Juan Carlos Serrudo, and Jose Luis Cardozo 
by security forces. The killings took place during protests about 
Sucre's status as the country's capital. Removal of immunity is 
necessary before the Supreme Court may proceed with prosecution. 
Congress had not yet made a decision in this matter by year's end.
    There were no new developments in the military or civil 
investigations into the September 2007 death of Osmar Flores Torres in 
Arani, in which police denied using lethal weapons in responding to a 
demonstration. Military and civilian authorities conducted separate 
investigations. Prosecutors strongly asserted that the military was not 
fully cooperating in this case, while the Defense Ministry alleged the 
prosecutor's office did not follow procedure in requesting information. 
The case remained in an 18-month investigatory phase, with the trial 
not slated to begin until March or April 2009.
    According to the prosecutor in the case, there were no developments 
in the April 2007 shooting of Herman Ruiz. Ruiz was part of a group of 
protesters who attempted to take over a natural gas plant.
    There were no developments in the 2006 case in which security force 
members in Carrasco National Park killed coca growers Ramber Guzman 
Zambrana and Celestino Ricaldis. The case remained in the preliminary 
investigative phase, primarily due to a lack of prosecutorial action, 
although there were also criticisms of the military's cooperation.
    There were no developments in the 2006 shooting death of off-duty 
police officer Santiago Orocondo Arevillca. Civilian authorities within 
the Ministry of Defense did not respond to the prosecutor's request for 
information.
    Authorities closed the investigation into the 2006 death of naval 
officer Wilder Rene Blanco Mendoza without bringing charges, despite 
allegations of corruption in the investigation and undocumented threats 
to the prosecutor and Blanco's family.

    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 that government officials employed them. There were a 
number of allegations of vigilante violence that resulted in 
extrajudicial abuses against persons, including specific reports of 
beatings and abuse by members of security forces.
    The ombudsman reported that of all government institutions police 
were the most frequent human rights violators. The ombudsman's office 
received 1,183 complaints regarding the police. According to the 
ombudsman, although the number of complaints rose, the overall number 
was still ``relatively low'' given the ``constant turmoil'' in the 
country.
    On February 26, supporters of the ruling MAS party attacked Juan 
Choque Apaza, an indigenous activist protesting against the Government. 
When a large crowd of MAS supporters surrounded Congress, Choque 
attempted to collect signatures for a petition against President 
Morales. In response, the crowd beat him until he was unconscious. On 
March 4, according to an interview with Choque, Minister of the 
Government Alfredo Rada told him to stop a hunger strike or be beaten 
again by government supporters. Choque alleged that he continued his 
strike and soon thereafter, more MAS supporters found and beat him. MAS 
supporters beat him for conducting an antigovernment hunger strike. 
Choque further alleged he was attacked by government supporters in 
other incidents in eight of the country's nine departments, including 
an attack on June 13 in Santa Cruz by uniformed police officers who 
stole his book of petition signatures. He said complaints to the local 
ombudsman's office were ignored. Ombudsman representatives said they 
attempted to investigate Choque's claims but found them incoherent and 
lacking in evidence. A representative said they wrote a letter to the 
Ministry of Government supporting his right to go on a hunger strike.
    On December 29, immediately after meeting with President Morales in 
La Paz, members of the militant progovernment social group Ponchos 
Rojos verbally assaulted Choque, took his cell phone and petition book, 
and threatened to attack him before police escorted Choque away. The 
next day municipal police forced Choque to stop collecting signatures, 
stating he did not have a permit to establish a petition center.
    During his detention Roberto Lenin Sandoval Lopez complained that 
government security forces beat and threatened him while he was in 
detention (See Section 1.d).

    Prison and Detention Center Conditions.--Prison conditions were 
harsh. Prisons were overcrowded and in poor condition. There were 7,778 
inmates (6,831 men and 947 women) in facilities designed to hold 4,700 
prisoners. Government authorities effectively controlled only the outer 
security perimeter of each prison. Inside prison walls prisoners 
usually maintained control, and gangs directed criminal activity from 
their cells.
    Violence among prisoners, and in some cases the involvement of 
prison officials in violence against prisoners, were problems.
    Regarding the November 2007 prison escape in Sucre, in which more 
than 100 prisoners escaped, approximately 30 percent returned to 
prison. The Chuquisaca prosecutor and police continued to investigate 
the remaining cases and try to find the remaining escapees, but 
progress was slow.
    Corruption was a problem among low-ranking and poorly paid guards 
and prison wardens. The number of persons held in detention centers 
remained a problem, due to a general increase in crime. A prisoner's 
wealth often determined cell size, visiting privileges, day-pass 
eligibility, and place or length of confinement. Inmates reportedly 
paid fees to prior cell occupants or to prisoners who controlled 
cellblocks. Although the law permits children up to six years old to 
live with an incarcerated parent, children as old as 12 lived with 
their parents in prisons. Approximately 1,400 children lived with a 
parent in prison, as an alternative to being left homeless. During 
school vacations the number of children in prison with parents could 
double. According to the municipal government, approximately 300 
children and 100 women lived in La Paz's San Pedro Prison as dependents 
of male prisoners.
    The standard prison diet was insufficient, and prisoners who could 
afford to do so supplemented rations by buying food.
    The law provides that prisoners have access to medical care, but 
care was inadequate, and it was difficult for prisoners to get 
permission for outside medical treatment. Nongovernmental organizations 
(NGOs) and prisoners reported cases of tuberculosis and HIV/AIDS in the 
jails. However, affluent prisoners could obtain transfers to preferred 
prisons or even to outside private institutional care for ``medical'' 
reasons. Inmates who could pay had access to drugs and alcohol, and 
sometimes they used children to traffic drugs inside the prisons.
    There were separate prisons for women, except for Morros Blancos 
Prison in Tarija, where men and women shared facilities. Conditions for 
female inmates were similar to those for men; however, overcrowding at 
the San Sebastian women's prison in Cochabamba was worse than in most 
prisons for men.
    According to Ministry of Government officials, 710 convicted 
juveniles (16 to 21 years old) were not segregated from adult prisoners 
in jails, and adult inmates sometimes abused them. Rehabilitation 
programs for juveniles or other prisoners were scarce to nonexistent. 
Pretrial detainees were held with convicted prisoners.
    The Government generally permitted prison visits by independent 
human rights observers, judges, and media representatives, and such 
visits took place during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, there were several cases of security 
forces seizing and holding individuals under legally dubious 
circumstances.
    According to press reports, on June 2, six members of a police team 
forced Chuquisaca opposition youth leader Roberto Lenin Sandoval Lopez 
into a car and took him to a prison facility in El Alto, near La Paz. 
Sandoval, his wife, and his daughter were injured during Sandoval's 
arrest. According to the human rights ombudsman, the arrest violated 
the constitution and was done without a court order. While the minister 
of government justified the action by stating Sandoval was to be 
charged for terrorism, sedition, and attempted murder, opposition 
members claimed the arrest was meant to intimidate them against running 
a candidate for governor of Chuquisaca Department. Police interrogated 
Sandoval, reportedly threatened his life, and reportedly forced him 
into a false confession before a judge released him on June 3 for lack 
of evidence.
    In a separate case, between mid-September and December, government 
security forces confined Pando Prefect Fernandez and 36 others for 
their alleged roles in violence in and around the town of Porvenir in 
Pando Department on September 11, and for violating the subsequent 
state of siege. The ombudsman reported that in making arrests the 
police violated the constitutional rights of at least 14 people by 
failing to show a court order authorizing the arrests, by arriving at 
extraordinary hours not permitted by law, by failing to allow access to 
a judge within 48 hours, by forbidding outside contact during their 
confinement, by using in some cases cruel treatment or torture during 
and after their arrests, and by using excessive force against the 
families of those being arrested.
    Two other Pando prefect employees were arrested on corruption 
charges and similarly flown to La Paz for incarceration pending trial, 
in violation of legal procedure and, according to some in the 
opposition, as part of a larger post-September 11 roundup of 
Fernandez's allies.
    The prosecutor's office reported that nine Morales supporters, 
largely peasant farmers, were killed while marching that day to Pando's 
capital, Cobija. President Morales stated that Fernandez was 
responsible for an ambush of the marchers and their deaths and would be 
confined indefinitely in La Paz pending trial.
    The Government transported all 39 Pando detainees to La Paz to 
await formal charges. The Supreme Court ruled that the Government's 
arrest of Fernandez was illegal on both jurisdictional and procedural 
grounds, and it set two deadlines for his transfer from the La Paz jail 
to a different jurisdiction. The Government ignored both court orders, 
and on November 5 initiated a congressional investigation of two 
Supreme Court justices and Attorney General Mario Uribe for aiding a 
fugitive.
    The Government lifted the state of siege on November 23. On 
November 28, a local judge accepted the Government's case, including 
charges of murder and terrorism against Fernandez and 20 others. The 
court also accepted the corruption charges against the two other Pando 
employees. The court released 16 detainees.
    The Union of South American Nations and the human rights ombudsman 
released reports regarding the Pando events that generally supported 
the Government's characterization of a ``massacre'' perpetrated by 
opposition-aligned prefect and civic committee officials. The 
ombudsman's report urged more investigation into the context and 
background of the events and criticized the Government for violating 
legal procedures in its arrests and detentions of suspects. The 
ombudsman criticized the Government for keeping suspects in prolonged 
detention without access to their families or lawyers, or his own 
offices. The UN was investigating the Pando events at year's end.
    In a separate case, government authorities also detained and sent 
Porvenir's ranking police official, Mirtha Sosa Chalar, to La Paz for 
questioning regarding the events in Pando. Sosa stated in interviews 
that she was beaten and threatened with sexual assault by security 
forces but not charged with any crime, and then was released.
    On October 13, members of the police and navy forcibly arrested 
Riberalta media personality Jorge Melgar Quete for disseminating an 
August 7 speech of Presidency Minister Juan Quintana calling for the 
``political'' burial of Pando Prefect Fernandez. The Government 
maintained it was a lawful arrest, but Melgar's son stated in 
interviews that at no time was any legal document presented or 
discussed. The Government took Melgar to La Paz, where he was detained. 
In a court hearing the judge ruled the case should be tried in 
Riberalta, not La Paz, and placed Melgar back in a La Paz jail until he 
could be transported to Riberalta, where he remained at year's end. 
Melgar's attorney claimed the Government did not have the court's 
permission to arrest Melgar outside of daylight hours, which requires a 
specific type of warrant, and that the arrest happened without the 
presence of the prosecutor's office, which also is required.
    On September 10, the Government arrested Tarija Prefecture Civic 
Committee leader Reynaldo Bayard for allegedly participating in 
destruction of gas lines. The opposition rejected the Government's 
charges as an attempt to silence opponents without proof of the 
charges. Bayard remained under arrest.

    Role of the Police and Security Apparatus.--The national police 
have primary responsibility for internal security, but military forces 
may be called upon for help in critical situations, which occurred 
during the year. The national police disciplined officers by issuing 
1,446 administrative sanctions through December 1. Prosecutors were 
sometimes reluctant to prosecute security officials for alleged 
offenses committed while on duty, in part because they relied on the 
Judicial Technical Police to investigate its own officers.

    Arrest and Detention.--Arrests generally were carried out openly, 
but there were credible reports of arbitrary arrests and detentions. 
Some family members of suspects arrested during Pando's state of siege 
complained that police and prefect authorities denied arrests were 
made, leading families to suspect extralegal measures had been taken 
until days later, when the Government announced the arrests.
    The law requires an arrest warrant, and the police must inform the 
prosecutor of an arrest within eight hours. The law requires that a 
detainee see a judge within 24 hours (except under a declared state of 
siege, in which a detainee may be held for 48 hours), during which time 
the judge must determine the appropriateness of continued pretrial 
detention or release on bail and must order the detainee's release if 
the prosecutor fails to show sufficient grounds for arrest. Credible 
reports indicated that in some cases detainees were held for more than 
24 hours without court approval.
    More than 70 percent of detainees awaited sentencing, but the 
courts provided release on bail for some detainees. Judges have the 
authority to order preventive detention for suspects deemed a flight 
risk. If a suspect is not detained, a judge may order significant 
restrictions on the suspect's movements.
    Detainees generally had prompt access to their families and were 
allowed access to lawyers, but approximately 70 percent could not 
afford legal counsel, and public defenders were scarce and 
overburdened.
    During the year the Government provided 170 police officers in-
depth human rights training, and provided 850 cadets and other police 
officials instruction in legal procedure that featured human rights 
instruction as well.
    Denial of justice through prolonged detention remained a problem. 
Although the law establishes that a case's investigatory phase cannot 
exceed a maximum of 18 months and that the trial phase cannot exceed 
three years, some suspects were held in preventive detention longer 
than the legal limits. If the investigatory process is not completed in 
18 months, the detainee may request release by a judge; however, 
judicial corruption, a shortage of public defenders, inadequate case-
tracking mechanisms, and complex criminal justice procedures kept some 
persons jailed for more than 18 months before trial.
    Children from 11 to 16 years of age may be detained indefinitely in 
children's centers for known or suspected offenses, or for their 
protection, on the orders of a social worker. There is no judicial 
review of such orders.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, but the judiciary was widely considered corrupt 
and weakened by government interference. The courts have not recovered 
from government attempts since 2007 to pressure the judiciary, remove 
several of its members, and undermine its independence. A 2007 
Transparency International survey reported that more than 80 percent of 
those surveyed considered the judicial system corrupt.
    There are three levels of courts within the judicial system: trial 
courts, superior courts, and the Supreme Court. Superior court review 
is restricted to a review of the application of the law. The Supreme 
Court may hear appeals in general, but review is restricted to cases 
involving exceptional circumstances.
    The Constitutional Tribunal is an independent institution and has 
original and appellate jurisdiction on constitutional matters. The 
tribunal is the country's highest authority on constitutional matters 
and is separate from the Supreme Court, which is the highest authority 
on all other legal matters.
    The Constitutional Tribunal normally functions with five regular 
members and five alternates, but violent protests by government 
supporters in 2007, a 50 percent pay cut, a 2007 attempt by the 
legislature to impeach four members, and health concerns left the 
tribunal with only one member. Unable to raise a quorum of three, the 
tribunal functioned only sporadically, had a three-year backlog of 
cases, and was unable to issue effective rulings on either the series 
of autonomy referenda held by four prefectures in May and June or the 
national recall referendum held on August 10. On July 21, the tribunal 
attempted to suspend the national recall referendum on constitutional 
grounds, but ultimately the National Electoral Court (CNE) ignored this 
challenge. Opposition groups suggested that the executive branch failed 
to nominate new tribunal members to avoid critical rulings on its 
potentially illegal or extralegal actions.
    The CNE is the final authority on all matters relating to elections 
and has faced challenges. It operated with only three members or fewer 
out of five and was attacked for being partial to the Government and 
for having purged professional staff. However, the court issued a 
number of opinions that signaled its independence, including its 
rejection of a planned December national referendum on the proposed 
constitution. On December 16, after the third CNE member's term 
expired, leaving the CNE without a quorum, the Government proposed to 
extend his term instead of going through the required legislative 
process to appoint a new CNE member. The opposition-controlled Senate 
narrowly defeated this effort, and on December 20 the full Congress 
appointed a new CNE member.
    In a July 29 speech in Cochabamba, President Morales noted he had 
taken illegal steps to apply his reforms and only later asked his 
lawyers to legalize such actions.
    On December 3, representatives of the judiciary publicly criticized 
the Morales administration for attempting to destroy the Government's 
judicial branch. The representatives denounced the Government's illegal 
detention of former Pando prefect Fernandez and called the proposed 
draft constitution authoritarian and antidemocratic. A formal statement 
was signed by Supreme Court justices, the chairman of the Judicial 
Council, the president and members of the National Agrarian Court, the 
chairmen and members of the district courts, and the president and 
members of the Association of Magistrates of Bolivia. The Morales 
administration responded that the judicial branch was corrupt, and the 
deputy minister of justice recommended that all signatories resign 
immediately if the proposed constitution were approved.

    Trial Procedures.--The law provides for the right to a fair trial 
for all citizens, but fair trials did not always occur. Defendants have 
constitutional rights to a presumption of innocence, to a speedy and 
public trial by jury, to remain silent, to have an attorney, to 
confront witnesses, to present evidence on their own behalf, to due 
process, to an appeal, and to confront legal charges with government 
prosecutors before a formal court process is initiated. In practice the 
rights to an attorney and to a speedy trial were not protected 
systematically, although the Criminal Procedures Code facilitated more 
efficient investigations, transparent oral trials, and credible 
verdicts. In 2007 Freedom House reported there were only 56 public 
defenders, or 0.8 defenders for each 100,000 citizens, available in 
only 11 of 327 municipalities.
    The law provides for a system of transparent oral trials in 
criminal cases, requires that no pretrial detention exceed 18 months 
without charges, provides for a maximum period of detention of 24 
months in cases in which a sentence is being appealed, and mandates a 
three-year maximum duration for a trial. The law provides that the 
prosecutor is in charge of the investigative stage of a case and must 
give suspects an opportunity to confront charges before a trial 
formally begins.
    The prosecutor instructs police regarding witness statements and 
evidence necessary to prosecute. The prosecutor pursues misdemeanor 
cases (with possible sentences of less than four years) before a judge 
of instruction and felony cases (with possible sentences of more than 
four years) before sentencing courts, both of which feature a five-
member panel that includes three citizens and two judges.
    The law also recognizes the conflict resolution (community justice) 
traditions of indigenous communities, provided that the resolution does 
not conflict with the rights and provisions established under the 
constitution.
    The military justice system generally was susceptible to senior-
level influence and tended to avoid rulings that would embarrass the 
military. When a military member is accused of a crime related to his 
military service, the commander of the affected unit assigns an officer 
to conduct an inquiry and prepare a report. The results are forwarded 
to a judicial advisor, usually at the division level, who then 
recommends a finding of innocence or guilt. For major infractions the 
case is forwarded to a military court, except that military personnel 
are supposed to be tried in civilian courts for human rights 
violations.

    Political Prisoners and Detainees.--There were allegations of 
political prisoners or detainees, including detentions resulting from 
the September 11 conflict in Pando Department (See Section 1.d.).

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters. The law provides for 
criminal remedies for human rights violations, and at the conclusion of 
a criminal trial, the complainant can initiate a civil trial to seek 
damages. Administratively, the ombudsman for human rights can issue 
resolutions on specific human rights cases, which the Government may 
enforce.

    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. Although the Government generally respected 
these rights, it maintained an antagonistic relationship with the 
press. Several NGOs charged President Morales and government officials 
with making 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. The media claimed the Government also illegally 
restricted journalists' access to the detained persons from Pando and 
their relatives following the September 11 conflict.
    The number of media outlets, including printed press, television, 
and radio, was extensive, and airing of various viewpoints, many 
expressing opposition to the Government, continued. Radio and 
television stations generally operated freely. However, there were many 
reports that journalists attempting to film or report events, 
particularly those involving social movements, were threatened or 
injured by private individuals or nongovernmental groups. Progovernment 
groups generally attacked private media outlets and their reporters, 
while antigovernment groups focused their attacks on government-
controlled media. The National Press Association registered 245 cases 
of aggression against reporters and other media workers during the 
twelve months preceding October.
    In a March 30 report, the Inter-American Press Association (IAPA) 
asserted that freedoms of press and expression were ``severely 
threatened.'' IAPA noted that President Morales called the press his 
``main enemy'' and accused media outlets of lying, conspiring with 
national oligarchies, and ``being sold'' to hostile foreign 
governments. The IAPA report cited a letter from the Superintendent of 
Telecommunications, which warned of fines or bans from broadcasting for 
any media outlet caught transmitting propaganda or information that 
``although true, may harm or frighten the population.'' The report 
charged that the Government had warned independent community radio 
stations that their licenses would be renewed only if they transmitted 
the news channel of the state, Radio Patria Nueva.
    Several NGOs expressed concern about the transformation of the 
state media channel into a ``proselytizing force'' for the Morales 
administration. In its Press Freedom Index, the NGO Reporters Without 
Borders (RSF) reported a 'dramatic' deterioration in press freedom in 
the country, specifically citing the continued politicization of the 
media. On July 23, RSF released a letter noting its strong concern 
regarding the Government's appointment of five ministers to head the 
National Corporation for Bolivian Television for its potential to 
transform state media into a solely pro-government medium. On October 
7, the IAPA criticized the Government for increasingly frequent verbal 
attacks against independent media and cited government efforts to 
transform state-run media into a proselytizing force.
    Critics of the Government claimed that the Morales administration 
used its large advertising budget to control private media outlets and 
impose self-censorship on media content. They also asserted that the 
Government arbitrarily conducted financial audits of journalists and 
media owners.
    Immediately after the September 11 conflict in Pando, members of 
the private media complained that the Government flew a group of 
journalists to Pando the night of September 13, but only reporters from 
the Government's news service and a sympathetic private radio reporter 
were allowed to stay. The Government allegedly returned the others to 
La Paz the same night on grounds that the Government could not 
guarantee their security.
    At a rally in Cochabamba on August 23, President Morales called the 
press ``dirty,'' accused them of selling their services to corrupt 
opposition officials, and in a speech four days later, referred to 
media owners as ``liars.''
    Violence against journalists continued. Several NGOs not formally 
sponsored by government or opposition groups charged the Government 
with condoning or encouraging attacks and intimidation of opposition 
media. RSF documented at least 21 journalists who were beaten severely, 
kidnapped, or in one case, almost lynched. The group also recorded 
eight instances in which television or radio stations were bombed, set 
on fire, or otherwise attacked. One journalist, Carlos Quispe Quispe, 
was killed in an attack by government supporters in La Paz Department 
on March 29. Most attacks on journalists were politically motivated; 
they were carried out by both government and opposition supporters. In 
one case, Army Lieutenant Jorge Nava was arrested in connection with 
the June 21 bombing of the Unitel television station in Tarija. The 
opposition charged the Government with involvement in the bombing, 
contending that the lieutenant was assigned to the presidential palace 
and was using cash, explosives, and weapons provided by the Government. 
The opposition also alleged Venezuelan influence, citing a car-rental 
contract arranged by the Venezuelan Embassy for the vehicle used in the 
attack. On November 7, Nava was released on bail pending further 
investigation.
    The Government issued an arrest warrant in June for Adolfo Cerrudo 
for attacks on private media journalists generally, a specific threat 
of rape against a journalist from leading daily La Razon, and a death 
threat toward another journalist. Several private media outlets had 
complained to authorities that Cerrudo had been attacking journalists 
as early as January. Authorities placed Cerrudo under house arrest and 
ordered him to stay away from reporters and media outlets and to check 
in periodically with police. In violation of the order restricting him 
from contact with the media, Cerrudo attacked journalists on October 29 
outside of San Pedro prison, and the police did not intervene. The 
Government did order house arrest for Cerrudo again in mid-November; 
however, police appeared unable to locate him. The opposition 
characterized Cerrudo as receiving favorable treatment from authorities 
due to ties with the ruling MAS party and senior government officials. 
The MAS denied links with Cerrudo, although he was linked with the 
radical pro-Morales Popular Civic Committee of La Paz.
    On December 1, a bomb exploded at the door of newspaper El Potosi, 
twisting the metal door off its hinges. No one claimed responsibility 
for the attack, and the Government began an investigation that was 
pending at year's end.
    At a public event on December 10, President Morales asked a 
journalist to approach the podium, produce proof for a recently written 
story implicating Morales in a contraband case, called the journalist a 
liar, and told him to leave. A cross-section of mainstream media 
condemned the president's actions as intimidating, an abuse of power, 
and an attack on freedom of the press. The next day President Morales 
stated that 90 percent of journalists ``had no dignity'' and said he 
``did not need the media to report'' about his administration. He 
subsequently restricted some press conferences to government media and 
foreign press only.
    On December 18, unknown actors exploded dynamite at a radio station 
owned by MAS dissident Senator Guido Guardia. Guardia accused the 
ministers of the presidency and of government of arranging the attack. 
A similar explosion occurred at Guardia's apartment in La Paz in 
October 2007. Police were investigating both cases, although according 
to Guardia they waited two months to take his testimony regarding the 
first attack. Government officials did not comment on the attack or on 
accusations by MAS Congressman Gustavo Torrico, who accused Guardia of 
orchestrating the attacks himself for political benefit.
    At year's end the Government was investigating 10 cases of attacks 
on the media, with one suspect in custody.
    The law provides that persons found guilty of insulting, defaming, 
or slandering public officials for carrying out their duties may be 
jailed from one month to two years. Insults directed against the 
president, vice president, or a minister increase the sentence by half. 
Journalists accused of violating the constitution or citizens' rights 
are referred to the 40-person Press Tribunal, an independent body 
authorized to evaluate journalists' practices, although cases rarely 
came before the tribunal.

    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 Telecommunication Union reported that in 2007 there were 
198,000 Internet subscribers and 2 Internet users per 100 inhabitants.

    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 peaceful assembly, and the authorities generally 
respected this right in practice. While the law requires a permit for 
most demonstrations, security forces rarely enforced the law, and most 
protesters demonstrated without obtaining permits, frequently 
blockading major thoroughfares and highways. Enforcement of permit 
requirements at times appeared politically motivated. For example, 
police permitted progovernment protesters to surround and blockade 
Congress in late February, and did not intervene when the crowd 
assaulted opposition legislators and at least one counter-protester, 
but in March police used tear gas to force a small, peaceful animal 
rights group, Animales SOS, that had been protesting in the same plaza, 
to disband. Animales SOS had been protesting the actions of militant 
progovernment social group Ponchos Rojos, which publicly decapitated 
two dogs as a warning to opposition leaders.
    While most demonstrations were peaceful, occasionally demonstrators 
carried weapons, including clubs, machetes, firearms, and dynamite. 
Security forces frequently (police and on occasion the military) were 
called upon to break up protest groups carrying weapons or threatening 
government and private facilities (mainly natural gas supply lines and 
federal offices).

    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 provides for freedom of 
religion, and the Government generally respected this right in 
practice. Roman Catholicism was predominant, and the constitution 
recognizes it as the official religion. However, some government 
officials criticized the Catholic Church as being too political and 
threatened to revoke part or all of its tax-exempt status. In early 
November President Morales called the Catholic Church an ``instrument 
of domination that brings injustice and inequality.''
    On November 30, church leader Cardinal Terrazas publicly discussed 
his concern that under new government policies the country could be 
overrun by narcotraffickers. On December 4, in what many news reports 
labeled a direct response, the Government proposed that the Catholic 
Church begin paying taxes for its ``lucrative'' activities. The 
Government also repeated demands that the cardinal and the Catholic 
Church should cease making political statements.
    On October 23, in its annual report to the Vatican, NGO Helping the 
Church in Need stated the country was one of 60 countries where 
religious persecution occurred.
    Non-Catholic religious organizations, including missionary groups, 
must register with the Office of the Director of Religion in the 
Ministry of Foreign Affairs to receive authorization for legal 
religious representation. There were hundreds of recognized religious 
groups on the registry. The ministry is not allowed to deny 
registration based on an organization's articles of faith, but the 
process can be time-consuming and expensive, leading some groups to 
forgo registration and operate informally without certain tax and 
customs benefits.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuse or discrimination, including anti-Semitic acts. There 
was a small 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. However, throughout the year both progovernment and 
opposition protesters prevented movement within the country by 
blockading major highways, as did trade and industry groups.
    In July and August, opposition leaders several times barred 
President Morales from entering cities they controlled in the eastern 
part of the country, known as the media luna (half-moon). According to 
press reports, in August and September, as many as 35 politically 
motivated blockades occurred in the media luna, including the cordoning 
off of the borders with Brazil, Argentina, and Paraguay. In response, 
on September 8, CONALCAM (National Coordination for Change), a group 
politically aligned with President Morales, declared its intention to 
close all roads into and out of Santa Cruz. Nearly 20,000 rural 
workers, many armed, effectively blocked vehicular transportation for 
seven days, causing significant economic losses and shortages of water, 
gas, and basic foodstuffs.
    Several hundred thousand citizens lacked basic identity documents, 
which prevented them from obtaining international travel documents and 
accessing other government services. The Government cooperated with the 
Pastoral de Movilidad Humana, which is the local representative of the 
UNHCR, and other humanitarian organizations in assisting refugees and 
asylum seekers.
    The law prohibits the forced exile of citizens, and the Government 
did not employ the 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. However, a June 2007 IACHR report noted 
three problems in the refugee and asylum system: lack of due process; 
difficulties in obtaining identification documents; and inadequate 
protection against the return of refugees to countries where there was 
reason to believe they feared persecution. In February the Office of 
the UN High Commissioner for Refugees (UNHCR) reported that the number 
of persons requesting asylum increased by 200 percent in 2007.
    In January the Government established a refugee department to 
record and process all cases. Although cases were being processed, 
there were several complaints that the length of time needed to receive 
recognition of refugee status, in some cases up to six or seven months, 
exceeded the one-month period stipulated in the law.
    The UNHCR reported that the recognized refugee population in the 
country was more than 600 persons and steadily increasing. The 
Government completed processing and agreed to provide refugee 
protection in 30 pending cases, with 35 older cases still under review. 
There were 24 new applications during the year.
    On October 17, the attorney general's office formally indicted 
former president Gonzalo Sanchez de Lozada and former defense minister 
Sanchez Berzain on criminal charges in connection with the deaths of up 
to 60 persons in October 2003. In November the Government submitted a 
request for Sanchez de Lozada's extradition from the country to which 
he fled.
    In May the Supreme Court voted to refuse Peru's extradition request 
regarding the case of Walter Chavez, wanted in Peru on charges of being 
a terrorist leader in the 1980s with the Movimiento Revolucionario 
Tupac Amaru.
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 through periodic, free, 
and fair elections held on the basis of universal suffrage. However, 
many citizens of voting age lacked the identity documents necessary to 
vote, although the electoral court reported 377,000 new voters since 
2006. The Government also pursued a controversial identification card 
effort, with Venezuelan assistance, with the stated goal of improving 
citizens' access to identification documents. Opposition groups charged 
the registration process was partisan and designed to increase voter 
rolls primarily for MAS party supporters. Before the August 10 recall 
referendum, CNE President Jose Luis Exeni stated he believed the voter 
rolls were ``98 percent trustworthy.'' After the referendum district 
electoral courts, press articles, and opposition leaders called for an 
audit of the voter rolls to investigate allegations of irregularities. 
The Organization of American States voiced concerns about voter fraud, 
stating it had observed voting irregularities at 5 percent of the sites 
and the absence of secret balloting at 9 percent of the sites, but 
confirmed the results of the referendum.
    A broad spectrum of political parties and citizens' groups 
functioned openly. Elections for national offices and municipal 
governments are scheduled every five years.

    Elections and Political Participation.--In May and June, Santa 
Cruz, Pando, Beni, and Tarija Departments held autonomy referenda, 
which the Federal Government refused to recognize and the international 
community declined to monitor. All four referenda passed easily but 
were marked by high abstention rates. In an August 10 nationwide recall 
referendum encompassing the offices of the president, vice president, 
and eight of nine prefects, President Morales and four of six 
opposition-aligned prefects retained their positions, most with large 
majorities of the vote.
    In late February MAS party supporters surrounded the Congress to 
prevent entry by the opposition and dissident MAS congressmen seeking 
to vote on contentious legislation. The action disenfranchised more 
than a third of the congressional representatives and the citizens they 
represented. On October 20, President Morales led tens of thousands of 
progovernment supporters in a march to surround the legislative 
building. The marchers threatened to trap members of Congress inside 
the building indefinitely until they approved significant changes to 
the proposed new constitution. Members of Congress avoided the blockade 
and threats to expel opposition members from the building by reaching 
an agreement to make more than 100 changes to the draft text. While 
some opposition leaders publicly praised the changes as an improvement, 
others called the process illegal and stated the changes were made 
under duress. Many leaders from across the political spectrum stated 
the only legal way to make amendments was through the Constituent 
Assembly process.
    Women held only 24 percent of public offices despite a law that 
requires every third candidate appearing on a political party's slate 
to be female. Female politicians reported that political parties 
frequently adhered to the quota in submitting their candidate lists but 
subsequently pressured women to withdraw their candidacy prior to the 
election.
    Every second candidate on municipal election ballots must be a 
woman, a requirement that increased female representation to 
approximately 30 percent of municipal council positions. There were 23 
women among Congress's 157 deputies and senators and three female 
ministers in the 18-member cabinet. The number of indigenous members of 
Congress was estimated at 17 percent. President Morales considered 
himself indigenous. One of the nine departmental prefects, Sabina 
Cuellar, was an indigenous woman.

    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. According to the World Bank's worldwide 
governance indicators, government corruption was a serious problem. The 
government-prepared National Corruption Index reported in 2007 that 13 
of every 100 public service transactions involved the payment of a 
bribe, costing the country approximately 905 million bolivianos ($130 
million) annually. The index noted that corruption disproportionately 
affected lower-income persons and it rated the national police, 
customs, and justice system the most corrupt government institutions. 
According to Transparency International's International Corruption 
Perceptions Index released during the year, the country received a 
score of three on a scale of one to ten, indicating ``rampant 
corruption.''
    On December 4, former chief of customs Cesar Lopez accused 
Presidency Minister Quintana and Pando interim Prefect Rafael Bandeira 
of illegally permitting 33 trucks containing contraband merchandise to 
cross the border into Brazil. Quintana first denied his involvement, 
then admitted to meeting with the owners of the merchandise, but only 
to seek a solution to problems related to customs controls at the 
border. Quintana also announced charges would be brought against Lopez 
for his statements and for alleged corruption. A congressional 
investigation was ongoing at year's end.
    Cases involving allegations of corruption against public officials 
require congressional approval before prosecutors can initiate legal 
proceedings.
    A patchwork of laws requires public officials to report potential 
personal and financial conflicts of interest.
    There was no information available on laws providing access to 
government information or on whether 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 
generally were cooperative and responsive to their views; however, NGOs 
and the human rights ombudsman complained that government security 
forces and ministries occasionally refused to cooperate with their 
investigations.
    The human rights ombudsman is a position with a five-year term 
established in the constitution. Congress chooses the ombudsman via a 
required two-thirds majority vote. The ombudsman is charged with 
providing oversight of the defense and promotion of human rights, 
specifically to defend citizens against government abuses. The 
ombudsman operated without party influence and with adequate resources 
from the Government and foreign NGOs. On December 18, the ombudsman 
ended his term. A new ombudsman was expected to assume office in 2009. 
The ombudsman issues annual reports, and the Government usually accepts 
his recommendations. After the conflict in Pando in September, the 
Government limited access to detainees, which the ombudsman denounced.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the law prohibits discrimination based on race, gender, 
language, sexual orientation, or social status, there was significant 
discrimination against women, indigenous people, and the small black 
minority. Persons with HIV/AIDS, indigenous people, peasant farmers, 
and homosexuals, in this order, experienced the most discrimination.

    Women.--Rape was a serious and underreported problem. The law 
defines two types of criminal cases. In private criminal matters, the 
victim brings the case against the defendant; in public criminal 
matters, a state prosecutor files criminal charges. The Code of 
Criminal Procedures makes rape a public crime. The law criminalizes 
statutory rape, with prison terms of 15 to 20 years for the rape of a 
child under the age of 14. In cases involving consensual sex with an 
adolescent 14 to 18 years of age, the penalty is two to six years' 
imprisonment. Forcible rape of an adult is punishable by sentences 
ranging from four to 10 years' imprisonment. Sexual crimes against 
minors automatically are considered public crimes. Spousal rape is not 
a crime.
    Violence against women was also a pervasive and underreported 
problem. According to the NGO Center for the Information and 
Development of Women (CIDEM), 70 percent of women suffered some form of 
abuse. CIDEM noted that the statistics ``did not reflect the full 
magnitude of the problem of violence against women'' and that ``a great 
number of women'' did not report the aggression they faced on a daily 
basis.
    Family laws prohibiting mental, physical, and sexual violence 
provide for fines or up to four days in jail, unless the case becomes a 
public crime subject to the penal code; however, these laws were 
enforced irregularly. The Government took few meaningful or concrete 
steps to combat domestic violence. From January through November, the 
police Family Protection Brigade handled 3,592 cases, compared with 
approximately 8,954 in 2006. However, the police brigade lacked 
financial support, structural support, and personnel to follow up and 
pursue all reported cases. Most cases of domestic violence went 
unreported.
    Prostitution is legal for adults age 18 and older, and there were 
reports of trafficking in women for the purposes of prostitution and 
forced labor.
    The law considers sexual harassment a civil crime. There were no 
statistics on the incidence of sexual harassment, but it generally was 
acknowledged to be widespread.
    Legal services offices devoted to family and women's rights 
operated throughout the country. The Maternal and Infant Health 
Insurance Program provided health services to women of reproductive age 
and to children under age five.
    Women were entitled to the same legal rights as men; however, many 
women were unaware of their legal rights. Women generally did not enjoy 
a social status equal to that of men. Traditional prejudices and social 
conditions remained obstacles to advancement. In rural areas 
traditional practices restricting land inheritance for women remained a 
problem. The minimum wage law treats men and women equally; however, 
women generally earned less than men for equal work. Women sometimes 
complained that employers were reluctant to hire them because of the 
additional costs (mainly maternal) in a woman's benefits package. The 
gender gap in hiring appeared widest in the higher education brackets. 
Most women in urban areas worked in the informal economy and the 
services and trade sectors, including domestic service and 
microbusiness, whereas in rural areas the majority of economically 
active women worked in agriculture. Young girls often left school early 
to work at home or in the informal economy.
    Leading women's rights groups included the Campesinas de Bolivia 
Bartolina Sisa, CIDEM, and Coordinadora de Mujer, a national NGO 
network. International groups with presence in the country included Red 
Latinoamericana de Mujeres Transformando la Economia, Red Mujeres y 
Econom!a Bolivia, AMUPEI, and CLADEM. Relevant institutional groups 
included Union de Mujeres Parlamentarias, Asociacion de Concejalas de 
Bolivia, and the Foro Politico de Mujeres. Unions included the 
Asociacion de Mujeres Periodistas, Asociacion de Juezas, and 
Magistradas de Bolivia.

    Children.--The Government's commitment to children's rights and 
welfare was insufficient to improve conditions appreciably.
    Corporal punishment and verbal abuse were common in schools. 
Children from 11 to 16 years of age may be detained indefinitely in 
children's centers for suspected offenses or for their own protection 
on the orders of a social worker. The UN Children's Fund (UNICEF) 
estimated that approximately 9,200 children lived in institutions where 
their basic rights were not respected. There also were many children 
living on the streets of major cities. UNICEF estimated that more than 
3,700 children and adolescents lived on the streets in the cities of La 
Paz, El Alto, Santa Cruz, Cochabamba, Tarija, and Sucre.
    Child prostitution was a problem, particularly in urban areas and 
in the Chapare region. There were reports of children trafficked for 
forced labor to neighboring countries. According to Pastoral de 
Movilidad Humana, the local representative of the UNHCR, each month 
between nine and 11 children in the southern part of the country 
disappeared and were presumed victims of trafficking. Several NGOs had 
active programs to combat child prostitution.
    There were 260 Defender of Children and Adolescents offices to 
protect children's rights and interests nationwide. The Government's 
plan to combat child labor included a public information campaign 
against child prostitution and raids on brothels.

    Trafficking in Persons.--The law prohibits trafficking in persons 
and specifically criminalizes trafficking in persons for the purpose of 
prostitution. However, there were credible reports that persons were 
trafficked to, from, or within the country.
    The country was a source for men, women, and children trafficked 
for forced labor and sexual exploitation to Argentina, Chile, Brazil, 
Spain, and the United States. Faced with extreme poverty, many citizens 
became economic migrants, and some were victimized by traffickers as 
they moved from rural areas to cities and then abroad. Women and 
children, particularly from indigenous ethnic groups in the Altiplano 
region, were at greater risk of being trafficked. Children were 
trafficked within the country to work in prostitution, mines, domestic 
servitude, and agriculture, particularly on sugarcane and Brazil nut 
plantations. Weak controls along its extensive borders made the country 
an easy transit point for illegal migrants, some of whom may have been 
trafficked. Commercial sexual exploitation of children also remained a 
problem.
    While there were reports that some adolescents were sold into 
forced labor, it appeared that most victims initially were willing 
economic migrants who later were trafficked by being duped or coerced 
into conditions of forced labor. The Bolivian Embassy in Buenos Aires 
stated that it received at least one claim per day of a Bolivian 
citizen, including children, being exploited in Argentina.
    The law criminalizes trafficking and provides for a prison term of 
four years, which may be increased to 12 years when the victim is less 
than 14 years of age. The Government investigated approximately 192 
cases of trafficking in persons; while there were some arrests, only a 
handful of cases received formal sentences and the majority of people 
arrested remained in detention.
    The Ministry of Justice, via an interinstitutional committee, has 
responsibility for combating trafficking. The Ministry of Government, 
including the National Police and the Immigration Service, the 
Ministries of Foreign Affairs, Labor, and Sustainable Development, as 
well as prefectures and municipalities, has secondary responsibility. 
The human rights ombudsman nonetheless noted that the Government had 
little presence at the borders to control trafficking, and that 
unauthorized entities and agents issued permission documents for minors 
to travel abroad.
    Some government officials reportedly took bribes to facilitate 
smuggling and the illegal movement of persons; however, the Government 
did not condone or facilitate trafficking. In 2006 the Government 
opened an investigation of 18 public employees, including four members 
of Congress, suspected of involvement in human trafficking. However, 
the Government discouraged the investigation from reaching a conclusion 
and the case was moribund.
    The municipal Defender of Children and Adolescents offices, 
sometimes in cooperation with NGOs, managed scattered assistance 
programs for victims. La Paz Department and the La Paz city government 
each operated a shelter for abused and exploited children.
    The International Organization for Migration (IOM) and the NGOs 
Save the Children and Pro-Adolescente conducted public awareness 
campaigns on trafficking of children.
    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 identifies the rights and 
benefits afforded them. There was no official discrimination against 
persons with disabilities in employment, education, access to health 
care, or the provision of other state services. However, societal 
discrimination kept many persons with disabilities at home from an 
early age, limiting their integration into society. The Law on 
Disabilities requires wheelchair access to all public and private 
buildings, duty-free import of orthopedic devices, a 50 percent 
reduction in public transportation fares, and expanded teaching of sign 
language and Braille.
    On July 25, Santa Cruz police used tear gas and physical force to 
disperse a group of persons with disabilities protesting at the 
entrance to the Palmasola oil refinery. Four protesters were 
hospitalized and a deaf-mute pregnant woman was sent into early labor. 
Some tried to escape the tear gas in wheelchairs, while police dragged 
others out of the gassed area. A government vice minister claimed 
police intervened after protesters used firecrackers in an 
``irresponsible manner in a dangerous area.''
    The National Committee for Handicapped Persons was responsible for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The human rights ombudsman has 
reported that approximately 70 percent of the population considered 
racism a problem. There was societal and systemic discrimination 
against the small black minority, which generally remained at the low 
end of the socioeconomic scale and faced severe disadvantages in 
health, life expectancy, education, income, literacy, and employment. 
The majority of the estimated 35,000 Afro-Bolivians lived in the Yungas 
region of La Paz Department.

    Indigenous People.--In the 2001 census, approximately 62 percent of 
the population over 15 years of age identified themselves as 
indigenous, primarily from the Quechua and Aymara groups. The IACHR 
reported that 70 percent of these indigenous people lived in poverty or 
extreme poverty, with little access to education or to minimal services 
to support human health, such as clean drinking water and sanitation 
systems.
    Indigenous lands are not demarcated fully, and land reform remained 
a central political issue. Historically, a majority of indigenous 
people shared lands collectively under the ``ayllu'' system, a system 
that was not legally recognized during the transition to private 
property laws. Despite laws mandating reallocation and titling of 
lands, recognition and demarcation of indigenous lands have not been 
resolved. Indigenous people protested the Government's failure to 
provide them with title to all of their claimed territories; they also 
objected to outside exploitation of their resources. Indigenous 
peasants illegally occupied several private properties, often with the 
backing of the Landless Movement.
    Indigenous groups used the Popular Participation Law to form 
municipalities that offered them greater opportunities for self-
determination. Several political parties, citizens' groups, and NGOs 
actively promoted the rights of indigenous people, although progress 
was minimal. Indigenous people continued to be underrepresented in 
government and politics, and indigenous groups bore a disproportionate 
share of poverty and unemployment. Government educational and health 
services remained unavailable to many indigenous groups living in 
remote areas. The Government tried to improve the situation with the 
delivery of pensions to the elderly and funding for youth to attend 
school.
    Discrimination against indigenous groups was extensive. On May 24, 
large opposition gangs, encouraged by local civic leaders from Sucre, 
captured and humiliated a progovernment group of approximately two 
dozen indigenous workers and leaders, who journeyed to Sucre to ensure 
President Morales could enter the city. A mob took the group prisoner, 
beat several of them, and forced many of the men to take off their 
shirts and march several miles to the central plaza, where they were 
forced to kneel and shout antigovernment slogans.

    Other Societal Abuses and Discrimination.--According to a study by 
the Employment Bureau of La Paz Department, at least five people in the 
cities of La Paz, Cochabamba, and Santa Cruz were killed in 2007 due to 
their sexual orientation. According to the ombudsman's office the 
situation did not change significantly during the year. The study 
showed approximately 80 percent of homosexuals were discriminated 
against in the workforce, 70 percent in the educational system, and 60 
percent in health centers.
    The human rights ombudsman reported that persons with HIV/AIDS 
faced the most discrimination in the country.
Section 6. Worker Rights
    a. The Right of Association.--While the law allows workers to form 
and join trade unions, in practice this right was limited due to 
inefficient labor courts and inadequate government regulation. 
Approximately 25 percent of workers in the formal economy, which 
employed an estimated 30 percent of all workers, belonged to unions.
    Workers may form a union in any private company of 20 or more 
employees; however, the minimum requirement of 20 workers proved a 
heavy restriction, as an estimated 70 percent of enterprises had fewer 
than 20 employees.
    Public-sector workers also have the right to form unions. The law 
requires prior government authorization to establish a union and 
confirm its elected leadership, permits only one union per enterprise, 
and allows the Government to dissolve unions by administrative fiat.
    The central government had close ties with certain umbrella labor 
organizations such as the Central Workers Union of Bolivia (COB) and 
the Confederation of Farm Workers (CSUTCB). The Government exerted 
pressure on some of these organizations' national leadership and local 
chapters and funded parallel chapters in areas where the Government had 
less influence. As one example, after having disagreements with the 
leadership of the CSUTCB, the MAS funded a parallel organization in 
many departments. Although the COB officially recognized the first 
CSUTCB leadership, the MAS heavily funded the alternative group, and 
many media outlets ceased to refer to the first CSUTCB group or its 
leadership. The MAS-sponsored organization also took over CSUTCB office 
space in some cases, leading to clashes with the ``original'' CSUTCB.
    The law provides most workers with the right to strike but requires 
unions to seek prior government mediation; the law requires the same of 
employers before they initiate a lockout.
    Public service employees, including those in banks and public 
markets, are prohibited from striking; despite this, workers in the 
public sector (including teachers, transportation workers, and health 
care workers) frequently went on strike and were not penalized for such 
strike activities. Solidarity strikes are illegal, but the Government 
neither prosecuted nor imposed penalties in such cases.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers the right to organize and bargain collectively; 
however, collective bargaining, or voluntary direct negotiations 
between employers and workers without the participation of the 
Government, was limited. Most collective bargaining agreements were 
restricted to wages.
    The law prohibits antiunion discrimination and requires 
reinstatement of employees illegally fired for engaging in union 
activity. The National Labor Court handles complaints of antiunion 
discrimination, but it can take a year or more to rule due to a 
significant backlog of cases. The court ruled in favor of discharged 
workers in some cases and successfully required their reinstatement. 
However, union leaders stated that problems often were moot by the time 
the court ruled.
    There are no special laws or exemptions from regular labor laws in 
the seven special duty-free zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, the 
practices of child apprenticeship and agricultural servitude by 
indigenous workers continued, as did some alleged individual cases of 
household workers effectively held captive by their employers.
    In June the IACHR reported that the indigenous Guarani continued to 
live ``in a state of bondage analogous to slavery'' in the Chaco region 
and that the problem had worsened since the commission's last visit in 
2006. In many cases Guarani families worked land owned by landlords in 
exchange for housing and food but were not paid the minimum wage. As a 
result they incurred large debts to their landlords and were not 
permitted to leave the property without satisfying their debt. Many of 
these families lived in very poor conditions, without water, 
electricity, medical care, or schools. The IACHR recognized that 
involuntary servitude had ended at some large estates, but in some 
cases freedom from servitude meant expulsion without compensation. In 
some cases in the Alto Parapeti region, the Government bought land to 
give to Guarani who had been expelled from haciendas.
    The International Labor Organization (ILO) estimated in 2005 that 
more than 7,000 Guarani lived in this situation. The IACHR reported the 
Guarani workers were subject to ``punishments such as being lashed with 
whips or having their crops burned and their animals killed.''
    However, the abusive treatment of the Chaco Guarani was not 
uniform, and the political opposition charged the Government with using 
abuses against some Guarani as a pretext to break up private ranches 
where no abuses were occurring. The issue divided the Guarani 
community, where some laborers sided with their employers against 
government action.
    There were victims of forced labor, mostly indigenous, harvesting 
Brazil nuts in Beni Department. The work was seasonal, lasting 
approximately three months per year. During that time landlords sold 
basic foodstuffs to workers at inflated prices; workers subsequently 
incurred large debts and were not permitted to leave the property until 
the debts were satisfied. Similar conditions existed in the sugar 
industry in Santa Cruz Department.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor remained a serious problem. The law prohibits all paid work 
by children under the age of 14; however, in practice the Ministry of 
Labor generally did not enforce child labor laws, including those 
pertaining to the minimum age and maximum hours for child workers, 
school completion requirements, and health and safety conditions for 
children in the workplace. The law prohibits a range of dangerous, 
immoral, and unhealthy work for minors under the age of 18. Labor law 
permits apprenticeship for 12- to 14-year-olds under various formal but 
poorly enforced restrictions, which have been criticized by the ILO and 
were considered by some to be tantamount to bondage.
    The Ministry of Labor is responsible for enforcing child labor 
provisions but did not enforce them throughout the country. According 
to UNICEF, 118,000 children between the ages of seven and 13 (or eight 
percent of that population) and 206,000 children between the ages of 14 
and 17 (or 28 percent of that population) worked. Although the law 
prohibits persons under 18 years of age from work in the sugarcane 
fields, approximately 10,000 rural migrant children (7,000 of whom were 
under the age of 14) worked in this activity. There was also evidence 
of exploitation of indigenous children in the regions of the Chaco, 
Beni, and Santa Cruz, and in cities across the country wherever people 
were migrating in from the countryside. Urban children sold goods, 
shined shoes, and assisted transport operators. Rural children often 
worked with parents from an early age, generally in subsistence 
agriculture. Children generally were not employed in factories or 
formal businesses but, when employed, often worked the same hours as 
adults. Children also worked in mines and other dangerous occupations 
in the informal sector. Narcotics traffickers used children to 
transport drugs. Child prostitution remained a problem. According to an 
April report by the human rights ombudsman, 3,000 children lived in the 
streets, many of whom were exploited sexually. The report stated that 
more than 100,000 children worked eight to 12 hours a day. The IOM 
estimated that 2,000 girls worked, or were forced to work, as 
prostitutes.
    The traditional practice of ``criadito'' service persisted in some 
parts of the country. Criaditos are indigenous children of both sexes, 
usually 10- to 12-year-olds, whom their parents indenture to middle- 
and upper-class families to perform household work in exchange for 
education, clothing, room, and board. Such work is illegal, and there 
were no controls over the benefits to, or treatment of, such children.
    The Government devoted minimal resources to investigating child 
labor cases, but NGOs and international organizations such as UNICEF 
supplemented the Government's efforts.
    The Government continued its efforts to eliminate child labor in 
its worst forms, working with NGOs to discourage the use of child labor 
in the mining and sugar sectors by participating in internationally 
funded programs to provide educational alternatives to children who 
otherwise would work in mines or sugarcane fields. Nonetheless, in 
2007, according to the human rights ombudsman, 3,800 children worked in 
mining.

    e. Acceptable Conditions of Work.--During the year the Government 
raised the minimum monthly wage to 577 bolivianos ($82) for the public 
and private sectors, from 525 bolivianos ($75) in 2007. The minimum 
wage did not provide a decent standard of living for a worker and 
family. Most private-sector workers earned more than the minimum wage. 
While the minimum wage fell below prevailing wages in most jobs, 
certain benefit calculations were pegged to it. Many independent 
workers were part of the informal economy, and did not receive the 
minimum wage.
    Labor laws establish a maximum workweek of 48 hours, limit women to 
a workday one hour shorter than that of men, prohibit women from 
working at night, mandate rest periods, and require premium pay for 
work above a standard workweek. In practice the Government did not 
effectively enforce these laws.
    The Ministry of Labor's Bureau of Occupational Safety has 
responsibility for protection of workers' health and safety, but 
relevant standards were enforced poorly. There were fewer than 30 
inspectors throughout the entire country. While the Government did not 
maintain official statistics, there were reports that workers died due 
to unsafe conditions, particularly in the mining and construction 
sectors. A national tripartite committee of business, labor, and 
government representatives was responsible for monitoring and improving 
occupational safety and health standards. The Ministry of Labor 
maintained an office for worker inquiries, complaints, and reports of 
unfair labor practices and unsafe working conditions.
    Working conditions in cooperative-operated mines remained poor. 
Miners continued to work with no scheduled rest for long periods in 
dangerous, unhealthy conditions and earned relatively little for their 
efforts; some earned less than 21 bolivianos ($3) per 12-hour day. 
Conditions have changed little in the past decades, as independent 
miners' cooperatives lacked the financial and technical resources 
needed to improve mine infrastructure. The law provides workers the 
right to remove themselves from dangerous situations without fear of 
losing their jobs.

                               __________

                                 BRAZIL

    Brazil is a constitutional federal republic with a population of 
approximately 190 million. In 2006 voters reelected President Luiz 
Inacio Lula da Silva of the Workers' Party to a second four-year term 
in a generally free and fair election. While civilian authorities 
generally maintained effective control of the federal security forces, 
state-level security forces committed numerous human rights abuses.
    The Federal Government generally respected the human rights of its 
citizens; however, there continued to be numerous, serious abuses, and 
the records of several state governments were poor. The following human 
rights problems were reported: unlawful killings, excessive force, 
beatings, abuse, and torture of detainees and inmates by police and 
prison security forces; inability to protect witnesses involved in 
criminal cases; harsh prison conditions; prolonged pretrial detention 
and inordinate delays of trials; reluctance to prosecute as well as 
inefficiency in prosecuting government officials for corruption; 
violence and discrimination against women; violence against children, 
including sexual abuse; trafficking in persons; discrimination against 
indigenous persons and minorities; failure to enforce labor laws; 
widespread forced labor; and child labor in the informal sector. Human 
rights violators often enjoyed impunity.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Federal 
Government or its agents did not commit politically motivated killings, 
but unlawful killings by state police (military and civil) were 
widespread.
    In many cases police officers employed indiscriminate lethal force 
during apprehensions. In some cases civilian deaths followed severe 
harassment or torture by law enforcement officials. Killings by police 
occurred for various reasons. Confrontations with heavily armed 
criminals resulted in shoot-outs. Some police accused of killing 
suspects lacked the training and professionalism to manage deadly 
force. On other occasions the police behaved as criminals.
    Death squads with links to law enforcement officials carried out 
many killings, in some cases with police participation. Credible, local 
human rights groups reported the existence in several states of 
organized death squads linked to police forces that targeted suspected 
criminals and persons considered problematic or undesirable by land 
owners.
    The Catholic Church's Pastoral Land Commission reported 
preliminarily that during the year there were 18 confirmed killings 
related to disputes over land, water, and labor compared with a total 
of 25 such killings in 2007. Amnesty International (AI) and other 
credible sources stated that such killings often occurred with the 
participation, knowledge, or acquiescence of state law enforcement 
officials.
    Numerous credible reports indicated the continuing involvement of 
state police officials in revenge killings and the intimidation and 
killing of witnesses involved in testifying against police officials.
    In Rio de Janeiro, the most acute human rights problems involved 
indiscriminate use of force, by both on- and off-duty police, primarily 
in the city's poorer northern section. Residents of the city's more 
than 800 favelas (shantytowns), where an estimated one-third of the 
population (i.e., more than two million persons) lived, were at 
increased risk given the frequency of police actions. According to the 
Rio de Janeiro-based nongovernmental organization (NGO) Global Justice 
(GJ), impunity and nonaccountability for police actions were serious 
problems in the metropolis. AI claimed that Rio de Janeiro law 
enforcement continued to be characterized by large-scale operations in 
which heavily armed police units ``invaded'' favelas. AI added that few 
killings were effectively or independently investigated and that 
perpetrators were seldomly prosecuted successfully.
    Reports of killings by Rio de Janeiro police decreased during the 
year under a new state security strategy. Statistics released by the 
Rio de Janeiro State Secretariat for Public Security showed 911 persons 
killed as a result of police confrontations from January through 
September, a 12 percent decrease over the same period in 2007. The Rio 
de Janeiro Institute for Public Security reported that police killed an 
average of four persons per day during 2007. According to a UN report 
released in September, police clashes resulted in 1,260 civilian deaths 
in Rio de Janeiro State in 2007. Most of these killings occurred during 
``acts of resistance,'' the UN report commented.
    The Sao Paulo State Secretariat for Public Security reported that 
Sao Paulo state police (civil and military) killed 340 civilians in the 
state from January to September, compared with 315 during the same 
period in 2007. Cases involving extrajudicial executions were either 
under police investigation or before the state courts; observers 
believed that it could take years to resolve such cases.
    In January in Rio de Janeiro, 17-year-old Andreu Luis da Silva 
Carvalho was beaten to death at the Padre Severino Youth Detention 
Facility after being taken into custody for petty theft. Authorities 
investigated the death, reportedly from brain trauma and hemorrhaging, 
and suspended the guards for 30 days. At year's end no further action 
had been taken.
    In January in Sao Paulo, Colonel Jose Herminio Rodrigues, who was 
investigating the participation of police officers in extrajudicial 
killings, was shot and killed on the street. A police investigation 
identified three officers involved in the crime; at year's end they 
remained in prison, but no trial date had been set.
    In June in Rio de Janeiro, three teenagers were reportedly killed 
by a rival drug trafficking gang. According to reports, federal 
military troops were involved in abducting the boys and selling them to 
the rival gang in Morro da Providencia favela. In response the 
Government withdrew the federal troops (who had been deployed to 
provide security for a mayoral candidate's social project). Following 
intense media attention, the Rio de Janeiro State legislature opened an 
inquiry into the role of militias that uncovered extensive links among 
corrupt police officers, militia members, and state and municipal 
legislators. As a result several militia leaders, including a state 
deputy, were imprisoned.
    On August 5, a body that had been buried in a cemetery for 
indigents was identified using DNA as that of 19-year-old Andre Lima de 
Araujo. He had been detained by police in May 2007 during a raid on the 
outskirts of Guarulhos. At year's end the case remained under 
investigation.
    During the year there were reports of multiple killings (called 
chacinas) in Sao Paulo State, often drug-related and suspected to 
involve the police. Several such cases from February, May, and 
September 2007 remained under investigation at year's end.
    Four military police officers and a businessman were arrested in 
May for the killing of investigative journalist Luiz Carlos Barbon 
Filho in May 2007 in Porto Ferreira, Sao Paulo; at year's end they 
remained in custody awaiting trial. Barbon had investigated numerous 
cases involving corruption by state officials, including police 
involvement in gangs stealing freight from trucks on the highway. In 
November his widow reported that she and her children were being 
followed and harassed by persons linked to her husband's alleged 
killers.
    There were no known developments, and none were expected, in the 
investigations of the June 2007 joint operations in Rio de Janeiro's 
favelas (Complexo do Alemao and Vila Cruzeiro) by state police and 
national military forces that resulted in numerous deaths and injuries, 
including many civilians and bystanders. According to state officials, 
all the deaths occurred in police confrontations. However, the 
president of the Rio de Janeiro State Bar Association's Human Rights 
and Juridical Assistance Committee, along with 16 NGOs in the state, 
reported to the Organization of American States that summary executions 
may have occurred during the operations.
    The investigation of the August 2007 killings of Aurina Rodrigues 
Santana, Rodson da Silva Rodrigues, and their 19-year-old son in their 
Salvador home remained open. Despite allegations from the family that 
military police had tortured some of the victims three weeks prior to 
the killings, the ongoing civil police investigation was hindered by 
the reluctance of witnesses to testify. Authorities did not charge the 
suspected police officers but reportedly reassigned them to 
administrative duties.
    In December the Military Police Command expelled five of six police 
officers accused of torturing and killing a 15-year-old the preceding 
December in Bauru, Sao Paulo State. The five were freed pending trial; 
the sixth accused remained under investigation and relieved of duty. 
The state government paid compensation to the victim's family.
    There were no known developments, and none were expected, in the 
2006 cases of the four police officers arrested for participating in 
death squad operations in Baixada Fluminense, Rio de Janeiro; the 
killing of Sergio Bezerra do Nascimento in Favela Acari in Rio de 
Janeiro; or the killing of five persons by military police in Niteroi, 
Rio de Janeiro.
    At year's end there were no developments concerning Sao Paulo law 
enforcement officials allegedly killing persons related to 2006 riots. 
There were also no known developments in the case of 13 Pernambuco 
State military police officers charged in 2006 with torturing 14 
adolescents, two of whom died, and the officers remained free awaiting 
trial.
    On May 6 after a required retrial, Vitalmiro ``Bida'' Bastos Moura, 
convicted in 2007 of the 2005 murder of Catholic nun Dorothy Mae Stang, 
was found not guilty. On June 9, the president signed into law a bill 
that eliminated automatic retrial for defendants, like Bastos, 
sentenced to more than 20 years. After the confession by another 
defendant, Rayfran das Neves Sales, a Para State court found him guilty 
of the 2005 murder and sentenced him on May 6 to 28 years in prison. On 
December 26, according to a police report, authorities detained 
Regivaldo Galvao, also accused in the murder case, as part of an 
investigation into whether he forged titles to land where the nun was 
killed.
    After a jury trial in March, a Rio de Janeiro State court set free 
Leonardo Marques, the confessed killer in 2005 of environmentalist 
Dionisio Julio Ribeiro Junior, due to lack of evidence.
    Former military police lieutenant colonel Waldir Coppetti Neves, 
charged with five other military police officers for creating a 
paramilitary group to kill landless rural workers in Parana State, 
remained free while awaiting trial.
    There continued to be no information, and none was expected, 
regarding the case of eight military police arrested in 2005 on 
suspicion of participating in a death squad involved in at least 26 
killings in Natal, Rio Grande do Norte, over a three-year period.
    Lynching by mobs or vigilante groups was common in some regions, 
especially against those accused of rape or other crimes that went 
unpunished in favelas due to the absence of state or local security 
agents.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. However, the Center of Studies of Security and 
Citizenship estimated that in 2006 approximately 1,940 persons 
``disappeared"; the center believed many were killed by police. There 
were also reports of abduction by federal troops (See Section 1.a.).
    There were no developments in the disappearance cases that occurred 
during the 1964-85 military dictatorship, and 400 cases remained for 
the Amnesty Commission to analyze. There were also no developments 
regarding the 2007 Chamber of Deputies' Human Rights Committee request 
that the Government seize documents to determine the circumstances of 
military regime political prisoner deaths and the locations of their 
remains.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution prohibits torture and provides 
severe legal penalties for its use, torture by police and prison guards 
remained a serious and widespread problem. In February the Government's 
National Human Rights Secretariat (SEDH) acknowledged that torture 
existed in the country and related the problem to societal tolerance 
and the fear of retaliation. Federal, state, and military police often 
enjoyed impunity in cases of torture, as in other cases of abuse.
    During the year an additional state (for a total of 13 of 26) 
adopted the National Plan for the Prevention and Control of Torture, 
which includes the installation of cameras in prisons and 
penitentiaries, taping of interrogations, and reversal of the 
presumption of innocence for those accused of torture.
    During the first half of the year, the Sao Paulo State Ombudsman's 
Office received five complaints of torture by police, compared with 
seven during the same period of 2007.
    Police continued to abuse transvestite prostitutes in Rio de 
Janeiro, Belo Horizonte, and Salvador, according to the NGO Bahia Gay 
Rights Group. Police routinely investigated such allegations, which 
rarely resulted in punishment (see Section 5. Other Societal Abuses and 
Discrimination).
    In Rio de Janeiro, militia members reportedly continued to use 
physical abuse, degrading treatment, and torture to spread fear and 
establish control over favela residents. While militia members, many of 
them off-duty and former law enforcement officers, often began by 
taking community policing into their own hands, many intimidated 
residents and conducted other illegal activity.
    In May militia members reportedly kidnapped, tortured, and released 
two O Dia newspaper investigative journalists in Rio de Janeiro's Batan 
favela, when they were discovered living there undercover to 
investigate militias.
    The Rio de Janeiro military police officer, who publicly defended 
the use of torture in 2007 and was subsequently transferred, was 
assigned command of the 38th Military Police Battalion in Tres Rios.
    The nine police officers, including the police chief of Osasco, Sao 
Paulo-charged in 2007 with theft, torture, extortion, beating, and 
threatening to rape to extort money-remained free and continued to 
await a trial that at year's end was not scheduled.
    In October 2007 the Inter-American Commission on Human Rights 
(IACHR) adopted several findings in a case originated in 1998-that 
authorities had violated the rights of Antonio Ferreira Braga by 
illegally arresting and torturing him in 1993 in Ceara State, and that 
the Government had failed to prevent and punish said acts-and also made 
four recommendations. After various exchanges the IACHR announced on 
July 18 that the Government had fulfilled one recommendation (training 
police on humane treatment), but not two others (investigation and 
punishment of those responsible, compensation of the victim), and that 
one remained pending (investigation of possible negligence of 
authorities).

    Prison and Detention Center Conditions.--Prison conditions 
throughout the country often ranged from poor to extremely harsh and 
life threatening. Abuse by prison guards, poor medical care, and severe 
overcrowding occurred at many facilities.
    Prison officials often resorted to brutal treatment of prisoners, 
including torture. Harsh or dangerous working conditions, official 
negligence, poor sanitary conditions, abuse and mistreatment by guards, 
and a lack of medical care led to a number of deaths in prisons. Poor 
working conditions and low pay for prison guards encouraged widespread 
corruption. Prisoners who committed petty crimes were held with 
murderers. According to the National Penitentiary Department, in June 
there were 392,279 prisoners incarcerated, 40 percent more than the 
system's design capacity, and the number increased approximately 3,000 
per month.
    During the year 135 prisoners were involved in riots from January 
to June in federal prisons. There were several official complaints of 
overcrowding in Goias, Rio de Janeiro, Sao Paulo, and Minas Gerais 
states.
    In Rio de Janeiro, pretrial detainees were often held together with 
convicted prisoners due to overcrowding. In August the state Court of 
Justice released a plan, which authorities began implementing, to 
improve conditions for its 23,000 prisoners. Sentences are to be 
comprehensively reevaluated based on prison space availability, with a 
pilot project in the Placido Sa Carvalho and Carlos Tinoco da Fonseca 
prisons. The state also began implementing its plan to remove military 
police officers from prison duty and replace them with 240 civilians.
    The Catholic Church's Ministry for the Incarcerated in Sao Paulo 
State reported that authorities used police stations in the state 
capital as prisons, increasing the risk of mistreatment and torture. 
The ministry also reported that penitentiary construction continued but 
did not alleviate overcrowding. The state's criminal justice system as 
a whole continued to sentence more defendants to prison or detention 
each month than it released. Many inmates were also held beyond their 
sentences. In January prisons in Sao Paulo State held nearly 152,000 
adults, approximately 30 percent above design capacity.
    In January eight prisoners died in a prison fire in Minas Gerais 
State when a guard left his post and no one else had keys to the 
facility.
    In February prisoners in Minas Gerais complained of rats and 
scabies in the jail. Thirty inmates occupied a 320-square-foot space 
without exposure to sunlight and suffered from untreated injuries.
    Also in February prisoners in Aguas Lindas, Goias State, complained 
of overcrowding (120 inmates in a jail with capacity for 37), spoiled 
food, and trial delays for lack of public defenders.
    A congressional investigative report presented in June described 
conditions in the Contagem prison in Minas Gerais where 70 prisoners, 
confined to cells built for 12 persons, were obliged to alternate 
sleeping schedules. Overcrowding made bathroom facilities unusable. The 
report also revealed that prison overpopulation in Bahia led to the use 
of 20 temporary containers to hold more than 150 prisoners at the Mata 
Escura facility in Salvador. After an investigation determined that the 
containers were infested with rats and cockroaches and not properly 
ventilated, authorities prohibited their use.
    In the August 2007 gang dispute and resultant fire in an 
overcrowded jail in Ponte Nova, Minas Gerais, which killed 25 inmates, 
the state civil police investigation resulted in indictments of 23 
individuals for allowing weapons into the facility and failing to 
respond adequately to the incident.
    The Women's Penitentiary of Santana in Sao Paulo, a former men's 
facility remodeled to accommodate female prisoners, remained in 
precarious condition, although health care improved in response to 
human rights organization requests.
    Rio de Janeiro and Sao Paulo states and the Federal District 
provided separate prison facilities for women; elsewhere, women were 
held with men in some facilities. Male officers who served in women's 
prisons often abused and extorted the prisoners for sexual favors.
    In the Federal District, one juvenile detention center did not meet 
the requirements and recommendations established by the National Socio-
Educational System and the Statute of the Child and Adolescent. TV 
Globo reported that one adolescent was killed and several injured in 
riots.
    Media reported that throughout the country adolescents were jailed 
with adults in prison units without bathrooms and in inhumane 
conditions. Insufficient capacity in juvenile detention centers was 
widespread. However, the Sao Paulo State's Office for the Defense of 
Children and Youth reported that there were no longer any juvenile 
criminals incarcerated with adults within the state. Under court order 
the state's Foundation House (formerly FEBEM) provided new facilities 
for them. NGOs confirmed improvements in the Sao Paulo State juvenile 
detention system during the year, including construction of more modern 
facilities, replacement of large complexes with smaller units, a 
decreased number of incarcerated juvenile criminals, and increased 
focus on guard and staff training and performance.
    While authorities attempted to hold pretrial detainees separately 
from convicted prisoners, overcrowding often required holding convicted 
criminals in pretrial detention facilities. In addition abuses 
continued in municipal jails and detention centers throughout the 
country.
    The investigation into September 2007 reports of prisoners being 
forced to be sex slaves and have their actions recorded on camera in a 
prison in Santa Rita de Caldas, Minas Gerais, led to indictments in 
November 2007 and the transfer of many of the prisoners to the 
penitentiary in Andrades, Minas Gerais.
    The investigation into the November 2007 incident in Abaetetuba, 
Para, in which a 15-year-old girl was held for a month in a police cell 
with at least 20 men who repeatedly abused her sexually, concluded in 
March with indictments of 12 persons, including 10 police officers.
    It is government policy to permit prison visits by independent 
human rights observers; however, in practice this policy often was not 
followed. GJ representatives reported that they are commonly denied 
access to detention facilities and that their level of access to 
prisons varied. In the states of Sao Paulo and Rio de Janeiro, GJ found 
access difficult, particularly in the Ary Franco prison in Agua Santa, 
Rio de Janeiro.
    Having obtained judicial authorization to enter juvenile detention 
facilities in Sao Paulo, human rights advocates reported an improvement 
in their general conditions. Foundation House continued slowly 
dismantling the large out-of-date Frano da Rocha detention center that 
was the scene of inmate violence.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and it limits arrests to those caught in the act 
of committing a crime or arrested by order of a judicial authority; 
however, police continued at times to arrest and detain persons 
arbitrarily.

    Role of the Police and Security Apparatus.--The Federal Police, 
operating under Ministry of Justice oversight, is small, primarily 
investigative, and plays a minor role in routine law enforcement. Most 
police forces fall under the control of the states, where they are 
divided into two distinct units: The civil police are plainclothes 
officers with an investigative role, while the military police are 
uniformed officers charged with maintaining order and preventing crime. 
Although the individual state governments control their respective 
military police forces, the constitution provides for calling them into 
active military service in the event of an emergency, and they maintain 
some military characteristics and privileges, including a separate 
judicial system.
    To reduce the number of deaths resulting from police 
confrontations, the Rio de Janeiro State Public Secretary announced a 
state budget item of approximately 1.25 million reais (approximately 
$500,000) to purchase less lethal weapons for the police arsenal and a 
state initiative to provide more officer training on procedures during 
confrontations.
    In the favelas, militia groups often start as off-duty and former 
law enforcement officers taking community policing into their own 
hands. However, many militia groups come to resemble drug trafficker 
groups in intimidating residents and conducting illegal activity such 
as extorting protection money, imposing tribute fees, and providing 
pirated utility services. The number of militias with police 
participation continued to increase in Rio de Janeiro. Punishing police 
involved in militia activity was difficult due to solidarity and fear 
of reprisals. Police often did not conduct operations in communities 
dominated by militias. State authorities estimated that militias have 
taken over nearly 100 favelas from drug trafficker control, mostly in 
the city's west.
    In August a militia group called the ``Justice League'' was 
believed to have killed seven residents in Rio de Janeiro's Barbante 
favela. According to the State Secretariat for Public Security, 17 
militia members entered the community and shot individuals at random in 
an attack reportedly orchestrated by former military police officer 
Luciano Guinancio, the son of a Rio de Janeiro city council member who 
was jailed in 2007 for organizing illegal militia activity in the same 
area. Three other active-duty military police officers were suspected 
of involvement. However, due to a lack of evidence, no charges were 
brought.
    There were two convictions of Rio de Janeiro military police 
officers during the year for killings in the so-called ``Baixada 
Massacre'' of 2005.

    Arrest and Detention.--With the exception of arrests of suspects 
caught in the act of committing a crime, arrests must be made with a 
warrant. The use of force during an arrest is prohibited unless the 
suspect attempts to escape or resists arrest. Suspects must be advised 
of their rights at the time of arrest or before being taken into 
custody for interrogation.
    Authorities generally respected the constitutional right to a 
prompt judicial determination of the legality of detention. Detainees 
generally were informed promptly of the charges against them. The law 
permits provisional detention for up to five days under specified 
conditions during a police investigation, but a judge may extend this 
period. A judge may also order temporary detention for an additional 
five days for paperwork processing. Preventive detention for an initial 
period of 15 days is permitted if police have indications that a 
suspect may leave the area. This can be renewed under specific 
circumstances. Occasionally detainees-typically poor and uneducated-
were held longer than the provisional period.
    Defendants arrested in the act of committing a crime must be 
charged within 30 days of arrest. Other defendants must be charged 
within 45 days, although this period may be extended. In practice the 
backlog in the courts almost always resulted in extending the period 
for charging defendants. Bail was available for most crimes, and 
defendants facing charges on all but the most serious crimes had the 
right to a bail hearing. In general prison authorities allowed 
detainees prompt access to a lawyer; indigent detainees had the right 
to a lawyer provided by the state. Detainees were also allowed prompt 
access to family members.
    Human rights observers stated that civil and uniformed police 
regularly detained persons illegally to extort money or favors. Between 
January and September, the Sao Paulo State Ombudsman's Office received 
one complaint of extortion, equal to the number for the same period in 
2007.
    The law does not provide for a maximum period for pretrial 
detention, which is defined on a case-by-case basis. Time in detention 
before trial is subtracted from the sentence.

    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 was underfunded, 
inefficient, and often subject to intimidation and to political and 
economic influences, particularly at the state level, a situation that 
resulted in vigilante action. A number of senior judges remained under 
investigation nationwide on a variety of charges.
    Although the law requires that trials be held within a set period 
of time, which is defined according to individual circumstances, the 
nationwide backlog in state and federal cases frequently led courts to 
dismiss old cases unheard.
    The judicial system ranges from courts of first instance and 
appeals, through courts of second instance and the Superior Court of 
Justice, to the Federal Supreme Court. States organize their own 
judicial systems within the federal system and must adhere to basic 
constitutional principles. There are specialized courts for police, 
military, labor, election, juvenile, and family matters.

    Trial Procedures.--The right to a fair public trial as provided by 
law generally was respected in practice, although in some regions-
particularly in rural areas-the judiciary was less professionally 
capable and more subject to external influences. Similarly, when cases 
involved gunmen hired by landowners to kill land activists or rural 
union activists, local police often were less diligent in 
investigating, prosecutors were reluctant to initiate proceedings, and 
judges found reasons to delay.
    After an arrest a judge reviews the case, determines whether it 
should proceed, and, if so, assigns it to a state prosecutor who 
decides whether to issue an indictment. The law recognizes the 
competence of a jury to hear cases involving capital crimes. Judges try 
those accused of lesser crimes.
    Defendants have the right to confront and question witnesses, enjoy 
a presumption of innocence, and have a right to appeal. At the 
appellate level, a large case backlog hindered the courts' ability to 
ensure fair and expeditious trials.
    While the law provides for the right to counsel, the Ministry of 
Justice estimated that 85 percent of prisoners could not afford an 
attorney. In such cases the court must furnish a public defender or 
private attorney at public expense. The Rio de Janeiro State's 35 
public defenders, however, provide assistance only to prisoners who 
have already been convicted. The Public Ministry continued hiring 
public defenders, but a deficit remained in all states.
    The law mandates that special police courts exercise jurisdiction 
over state military police except those charged with ``willful crimes 
against life,'' primarily homicide. In all but the most egregious 
cases, police tribunals decided whether or not the killing was willful. 
As a result civilian courts, which have jurisdiction over killings by 
police, received very few case referrals involving police killings. In 
addition the requirement that the initial investigation be carried out 
by police internal affairs officers increased the potential for long-
languishing investigations. The police themselves were often 
responsible for investigating charges of torture carried out by fellow 
police officers. Long delays in the special military police courts 
allowed many cases of alleged torture and lesser charges to expire due 
to statutes of limitations.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.
    On September 23, the Ministry of Justice Amnesty Commission ruled 
that 41 activists imprisoned for labor activities during the military 
dictatorship (1964-85) were entitled to indemnization. The ruling 
awarded 27 persons settlements of approximately 390,000 reais 
(approximately $156,000) plus monthly payments of 3,000 reais ($1,200), 
while another 12 activists were awarded a single payment averaging 
approximately 117,500 reais ($47,000).

    Civil Judicial Procedures and Remedies.--While the justice system 
provides for an independent civil judiciary, courts were overburdened 
with significant backlogs and sometimes were subject to corruption, 
political influence, and intimidation. Citizens have access to bring 
lawsuits before the courts for human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, but there were reports 
that police conducted searches without a warrant. Human rights groups, 
other NGOs, and media reported frequent incidents of violent police 
invasions in shantytowns and poor neighborhoods. During these 
operations police stopped and questioned persons and searched cars, 
residences, and business establishments without warrants. Victims 
reported searches without warrants and abusive and violent searches of 
women. Wiretaps authorized by judicial authority were permitted. The 
inviolability of private correspondence generally was respected.
    In August Veja magazine revealed that unknown persons had tapped a 
telephone call between Senator Demostenes Torres and Supreme Court 
President Gilmar Mendes. The senator accused the Brazilian Intelligence 
Agency (ABIN) and, after a Federal Police investigation, the president 
placed ABIN Director Paulo Lacerda on administrative leave.
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. 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.
    Criminal as well as other elements, such as political party 
activists, subjected journalists to violence, sometimes specifically 
because of their professional activities. In February the NGO, 
Reporters without Borders, stated that violence and threats against 
reporters were constant. It noted that two journalists were killed in 
2007, and at least one of those cases appeared linked to the victim's 
profession. The organization also accused the Government of exerting 
undue media control in Mato Grosso do Sul, Santa Catarina, Sao Paulo, 
and Bahia states.
    In February the Supreme Court suspended all legal actions brought 
against journalists and media companies that were based on a press law 
dating from the last military dictatorship, which had allowed lawsuits 
against journalists for allegedly causing moral damage.
    In July the National Press Association protested against the 
intimidation of three journalists who covered municipal elections in 
Rio de Janeiro. The journalists, who had photographed a mayoral 
candidate shaking hands with criminals in a well-known shantytown, were 
forced by the criminals at gunpoint to delete their photos. No 
investigation or prosecution followed.
    The National Federation of Journalists continued to report cases of 
violence against, and failure to respect freedom of, the press during 
the year, but no statistics were available by year's end.
    In April the Inter American Press Association called on the public 
to urge the country's president to solve the 2004 killing of radio 
commentator Jorge Lourenco dos Santos in Santana do Ipanema, Alagoas; 
and to recall that other suspected killers of journalists remained 
unapprehended and seven other such killings remained unsolved.
    In December authorities granted early release for good behavior to 
two gang-member prisoners, Claudio Orlando do Nascimento and Claudinho 
dos Santos, who had received multiyear sentences in 2005 for the 2002 
murder of TV Globo reporter Tim Lopes. Lopes was investigating the 
sexual exploitation of minors by drug traffickers in Rio de Janeiro's 
Vila del Cruzeiro favela when he was killed.
    At year's end journalist and newspaper editor Fausto Brites 
remained free pending appeal to the Federal Court of Justice in Mato 
Grosso do Sul State of his 10-month prison sentence in 2006 for 
defamation.

    Internet Freedom.--There were generally 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 Telecommunication Union reported that there were 27 
Internet users per 100 inhabitants 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.--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.

    Societal Abuses and Discrimination.--It is illegal to write, edit, 
publish, or sell books that promote anti-Semitism or racism. The law 
enables courts to fine or imprison anyone who displays, distributes, or 
broadcasts anti-Semitic or racist materials and mandates a two- to 
five-year prison term. The Government officially equates anti-Semitism 
to racism.
    According to the country's Jewish Confederation, there were 
approximately 120,000 Jewish residents, of whom approximately 60,000 
were in Sao Paulo State and 40,000 in Rio de Janeiro State.
    There were reports of violence against Jewish persons. Jewish 
community leaders expressed concern over the continued appearance on 
Web sites of anti-Semitic material compiled by neo-Nazi and 
``skinhead'' groups. The Jewish Federation of Sao Paulo reported cases 
of anti-Semitic graffiti, harassment, vandalism, and threats via 
telephone and e-mail.
    Police and Jewish Federation of Sao Paulo representatives stated 
that anti-Semitic Web sites and blogs grew rapidly during the year. 
Occasional anti-Semitic graffiti and anti-Semitic epithets directed at 
Orthodox Jews were also visible in some of Sao Paulo's traditional 
Jewish neighborhoods.
    At year's end the 2nd Court of Justice of Porto Alegre continued to 
take testimony but had not set a trial date in the 2005 case of 14 
persons charged with attempted murder, gang formation, and racism for 
attacking three Jewish students in Porto Alegre, Rio Grande do Sul.
    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 restrictions on entry into protected 
indigenous areas.
    The law prohibits forced exile, and it was not practiced.

    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 provided temporary 
protection to individuals who may 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 organizations in assisting refugees and asylum seekers.
    The UNHCR estimated that approximately 600 persons fled to the 
country from the September conflict in Pando, Bolivia, and 70 requested 
asylum.
    According to the National Committee for Refugees, at the end of the 
year there were 3,918 recognized refugees in the country. During the 
year authorities granted refugee status to 226 individuals. Those who 
maintain their status, which is reviewed every two years, may receive 
identity and travel documents and work and study in the country.
    From 1998 to 2008, 4,515 persons sought asylum, according to news 
reports. There were, in addition to officially recognized refugees, 
approximately 17,500 de facto Colombian refugees in the country's 
Amazon region, according to the 2008 World Refugee Survey. Many asylum 
seekers did not have government support because of the poor 
infrastructure in the region. Relations with local communities were 
increasingly difficult because of pressures on the educational and 
health systems.
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. Military conscripts may not vote.

    Elections and Political Participation.--In the 2006 national 
election generally considered free and fair, Workers' Party candidate 
Luiz Inacio Lula da Silva won a second four-year term as president.
    Militias were suspected of intimidating residents of Rio de 
Janeiro's favelas to vote for particular candidates in October 
municipal elections. The defense minister deployed army troops to 24 
communities, identified by the Regional Electoral Court as at-risk for 
voter intimidation by militias and other criminal organizations, to 
supplement local security forces in protecting the election process. In 
the event no major incidents of voter intimidation were reported.
    Political parties operated without restriction or outside 
interference.
    Women have full political rights. The law requires that 30 percent 
of candidates in each political party must be registered by women. 
There were 10 women in the 81-member Senate and 45 women in the 513-
member Chamber of Deputies. There were two women in the cabinet, two on 
the Federal Supreme Court, and one on the Military Superior Court. 
Women occupied 11.2 percent of elected seats at the state level and 
12.6 percent at the municipal level.
    There were 17 self-identified Afro-Brazilians in Congress, 
according to the Black Parliamentary Center. There were three self-
identified Afro-Brazilians in the cabinet and one on the Federal 
Supreme Court.

    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 serious problem.
    In June Federal Police uncovered an alleged scheme involving 
fraudulent public works contracts valued at an estimated l.05 billion 
reais (approximately $420 million). Police operation ``Joao de Barro'' 
claimed that four members of the Chamber of Deputies conspired to 
defraud the Government through contracts for projects in 119 cities. 
Despite the allegations the Government authorized some of the 
investigated contracts to be paid in August, under the scrutiny of the 
Comptroller General's Office; the Federal Police head in Minas Gerais 
State announced the investigations were concluded; and by year's end no 
formal charges had been laid.
    On July 8, Federal Police broke up an alleged financial crimes 
scheme, in operation since 2004, that included money laundering, tax 
evasion, conspiracy, and other crimes involving public funds. At year's 
end the investigation was ongoing; several senior officials were 
suspected of involvement, but none had been charged. On December 2, in 
a related case, a federal judge sentenced the Opportunity Bank owner to 
10 years in prison for corruption.
    On September 16, Federal Police temporarily detained Romero 
Menezes, the executive director of the Federal Police and its second-
ranking official, under suspicion of leaking information to his brother 
about an investigation into a fraud scheme involving a railroad 
concession in Amapa. Authorities placed Menezes on administrative 
leave, and the Federal Police head replaced the officers in charge of 
the investigation, which was continuing at year's end.
    On May 13, following Federal Police accusations in 2007 of 
conspiracy to defraud the Government through overpriced public works 
contracts, the Public Ministry formally charged 61 persons, including a 
former minister of mines and energy, two state governors, and two 
former state governors.
    Although in 2007 the Supreme Court ruled that prosecution should 
proceed, during the year there were no significant developments in the 
cases pending against 40 persons accused of illegal payments to 
legislators in exchange for support of government legislation.
    Public officials were subject to financial disclosure laws. Federal 
government entities such as the Federal Audit Court, the Federal 
Controller General, the Public Ministry, the Federal Police, the 
judiciary, the Department of Revenue and Control of Financial 
Activities, and the Federal Treasury existed to fight corruption. The 
agencies identified campaign financing and public spending as sources 
of financial corruption; however, they had limited powers to function 
effectively.
    The law provides for public access to unclassified government 
information upon application to the Commission for Public Ethics; 
however, the bureaucratic process often slowed release of such 
information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Federal officials 
often were cooperative and responsive to their views. Although federal 
and state officials in many cases sought the aid and cooperation of 
domestic and international NGOs in addressing human rights problems, 
human rights monitors occasionally were threatened and harassed for 
their efforts to identify and take action against human rights abusers, 
particularly by members of the state police.
    While most states had police ombudsmen, some NGOs and human rights 
observers questioned their independence and effectiveness. The 
ombudsmen's accomplishments varied considerably, depending on such 
factors as funding and outside political pressure.
    The Chamber of Deputies and the Senate each have human rights 
commissions that operated without interference and participated in 
several activities nationwide in coordination with domestic and 
international human rights organizations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the law prohibits and penalizes discrimination on the 
basis of race, gender, disability, or social status, discrimination 
against women, Afro-Brazilians, homosexuals, and indigenous persons 
continued.

    Women.--Rape, including spousal rape, is a crime punishable by 
eight to 10 years' imprisonment; however, men who killed, sexually 
assaulted, or committed other crimes against women were unlikely to be 
brought to trial. The Federal Government continued to operate a toll-
free 24-hour hot line nationwide. It received 269,977 calls during the 
year, a 32 percent increase compared with 2007, including reports of 
13,785 cases of physical violence, an additional 6,499 cases of threats 
of violence, 298 rapes, and 261 attempted killings. According to data 
from January to June, approximately 60 percent of the callers reported 
being beaten daily and 18 percent, weekly; 64 percent of the callers 
reported being beaten by domestic partners, who in the majority of 
cases were under the influence of alcohol or drugs. From January to 
September, the Sao Paulo State Secretariat for Public Safety registered 
2,562 rape cases, compared with 4,045 during the same period in 2007. 
There was no information available on the numbers of prosecutions or 
convictions for rape.
    Domestic violence remained both widespread and underreported. 
During the year there were 24,523 cases of domestic violence registered 
nationwide, compared with 20,050 cases in 2007. For such cases the law 
increases the penalty from one to three years in prison and creates 
special courts. The Federal Government stimulated the creation of these 
courts and promoted capacity-building courses for judges. There were at 
the end of the year a total of 61 such courts established, along with 
15 public defender positions to provide free legal assistance to 
domestic violence victims. At least 17 of the 26 states plus the 
Federal District had such courts. There was no information available on 
the numbers of prosecutions or convictions for domestic violence.
    Each state secretariat for public security operated ``delegacias da 
mulher'' (DEAMs), police stations dedicated exclusively to addressing 
crimes against women, for a total of 415 countrywide. The quality of 
services varied widely, and availability was particularly limited in 
isolated areas. For example, the North and Northeast regions, which 
contained approximately 35 percent of the country's population, 
possessed only 24 percent of the country's DEAMs. The stations provided 
psychological counseling, temporary shelter, and hospital treatment for 
victims of domestic violence and rape (including treatment for HIV and 
other sexually transmitted diseases) as well as criminal prosecution 
assistance by investigating and forwarding evidence to courts. There 
were also 123 reference centers and 66 women's shelters.
    In Rio de Janeiro, the city's Rio Women Program provided assistance 
to female victims of domestic violence who received death threats. When 
necessary, victims were sent to specific shelters, which also provided 
psychological and legal aid. In addition to the Women Program, victims 
of domestic violence could obtain assistance at the Center for Women's 
Support, an initiative of the Rio de Janeiro state government that 
offered a complaint hot line, shelters, and psychological and legal 
aid.
    The law requires health facilities to contact the police regarding 
cases in which a woman was harmed physically, sexually, or 
psychologically in order to collect evidence and statements should the 
victim decide to prosecute.
    Prostitution is legal, but exploiting it through associated 
activities, such as operating a brothel, is illegal. While no specific 
laws address sex tourism, it is punishable under other criminal 
offenses, and there was a government-released ``code of conduct to 
combat sex tourism and sexual exploitation'' and government-conducted 
campaigns in the most affected areas. The Federal District and the 
states of Pernambuco, Espirito Santo, Amazonas, and Parana enacted laws 
requiring certain businesses to display signs listing the penalties for 
having sexual intercourse with a minor. Rio de Janeiro and Bahia states 
had similar legislation. Women's groups reported that prostitutes 
encountered discrimination when seeking free medical care. Trafficking 
of women for the purpose of prostitution was a serious problem.
    Sexual harassment is a criminal offense, punishable by up to two 
years in prison. The law encompasses sexual advances in the workplace 
or in educational institutions and between service providers or 
clients. In the workplace it applies only in hierarchical situations, 
where the harasser is of higher rank or position than the victim. 
Although the law was enforced, accusations were rare, and the extent of 
the problem was not documented.
    Women have the same legal rights as men. A cabinet-level office, 
the Secretariat for Women's Policy, oversees a special entity charged 
with ensuring the legal rights of women. Although the law prohibits 
discrimination based on gender in employment and wages, there were 
significant wage disparities between men and women. According to the 
Ministry of Labor and Employment (MTE), women were often paid less than 
men in the same functions.
    The law provides 120 days of paid maternity leave to women and 
seven days of paternity leave to men. The law also prohibits employers 
from requiring applicants or employees to take pregnancy tests or 
present sterilization certificates, but some employers sought 
sterilization certificates from female job applicants or tried to avoid 
hiring women of childbearing age. Violations of the law are punishable 
by jail terms of up to two years for employers, while the company may 
be fined 10 times the salary of its highest-paid employee.

    Children.--The Government continued its commitment to children's 
rights and welfare, but millions of children suffered from the poverty 
afflicting their families, worked to survive, and failed to get an 
education.
    The percentage of births registered in 2007 was 89 percent 
according to the Brazilian Institute of Georgraphy and Statistics 
(IBGE). There were wide discrepancies between the more affluent states 
of the south and southeast and the poorer states of the north and 
northeast regions of the country, with the states of Bahia, Ceara, 
Maranhao, and Sergipe each registering fewer than 80 percent of births 
and the states of Alagoas, Piaui, Amapa, and Roraima, fewer than 70 
percent.
    While the law prohibits subjecting any child or adolescent to any 
negligence or abuse, such abuse was a major problem. The SEDH-operated 
National Hot Line of Sexual Abuse and Exploitation against Children and 
Adolescents registered 32,588 reports of abuse, compared with 23,368 in 
2007, a 40 percent increase. According to SEDH the increase does not 
necessarily represent an increase in cases of abuse, but rather an 
increase in denunciations to the hot line as public campaigns raise 
awareness.
    Physical and psychological aggression was a major problem, with 
more than 10,900 complaints (or approximately one third of the total) 
recorded by the national hot line, a decrease compared to the more than 
19,000 complaints in 2007 in this category. Allegations of abuse of 
minors and prosecution of crimes against children were not pursued 
adequately or aggressively.
    Child prostitution was a problem, with extreme poverty the primary 
contributor. A study released in 2006 by the University of Brasilia, 
SEDH, and the UN Children's Fund found commercial sex involving 
children and adolescents in 927 of 5,561 municipalities. The largest 
percentage of these cases occurred in the Northeast, but all areas of 
the country had reported incidents.
    According to the NGO Reference Center on Children and Adolescents 
(CECRIA), patterns of sexual exploitation of children corresponded to 
the distinct economic and social profiles of the country's regions. In 
the Amazon, region sexual exploitation of children took place in 
brothels that catered to mining settlements. In large urban centers, 
girls who left home to escape abuse or sexual exploitation often 
prostituted themselves on the streets to survive. In the cities along 
the northeast coast, sexual tourism exploiting children was prevalent 
and involved networks of travel agents, hotel workers, taxi drivers, 
and others who actively recruited children and also trafficked them 
outside the country. Child prostitution also developed in the areas 
served by the country's navigable rivers, particularly in ports and at 
international borders.
    The Federal Police estimated that upward of 250,000 children were 
involved in prostitution. The national hot line reported that there 
were 10,125 cases of sexual exploitation of children and adolescents 
during the year. The 2006 University of Brasilia study found that 398 
of the 1,514 tourist destinations frequented by citizens had an active 
sexual commercial market for children and adolescents. Trafficking in 
children for the purpose of prostitution was a serious problem. The 
national hot line received 78 reports of such trafficking both 
domestically and internationally, compared to 93 in 2007.
    At midyear Federal Police in Manaus began investigating allegations 
that a foreign-owned travel company arranged fishing expeditions to the 
Amazon region that were in reality sex tours for U.S. and European 
pedophiles. At year's end the investigation was continuing in 
coordination with foreign law enforcement officials.
    There were no developments in the child prostitution network case 
involving two aldermen in Para State, Roberto Alan de Souza Costa and 
Adson de Azevedo Mesquita. The Human Rights Committee of the Chamber of 
Deputies opened an investigation in 2007, but the committee's 
investigator was killed in a car crash in Para. The circumstances of 
his death were unclear, and his investigation papers were missing when 
police arrived at the scene.
    All four persons (two citizens, two foreigners) arrested in 
Taquara, Rio Grande do Sul, in December 2007 on suspicion of pedophilia 
and trafficking of children were freed at year's end pending trial.
    The primary federal program to assist child victims of commercial 
sexual exploitation was the Sentinel Program, which established local 
reference centers to provide victims with psychological, social, and 
legal services and raised awareness through information campaigns, 
workshops, and partnerships. The Ministry of Tourism continued to 
promote the code of conduct it developed to prevent the commercial 
sexual exploitation of children in the tourism industry, distributed 
public awareness campaign materials for display within tourism-related 
establishments, and continued to distribute awards to entities 
responsible for combating sexual exploitation of children within the 
industry. The Federal Highway Police and the International Labor 
Organization (ILO) published data on places such as gas stations, bars, 
restaurants, motels, and night clubs along highways considered to be 
areas for sexual exploitation of children and adolescents.
    In Rio de Janeiro city, the Secretariat for Social Assistance 
coordinated aid to street children and minors who were victims of 
sexual abuse and exploitation. During the year the city increased from 
two to 10 the number of centers that provided social services, 
counseling, and shelters. The city also continued its telephone hot 
line for reporting cases of child sexual abuse and exploitation. The 
Sao Paulo city government continued to operate several programs for 
street children, including one that used rehabilitation and social 
reinsertion into other geographic areas to save the lives of 
adolescents condemned to death by drug traffickers.

    Trafficking in Persons.--Although the law criminalizes all forms of 
trafficking, persons were trafficked from, within, and, to a lesser 
extent, to the country. Government statistics on the problem were 
unavailable, but authorities continued to estimate that thousands of 
women and adolescents were trafficked annually, both domestically and 
internationally, for commercial sexual exploitation.
    Women were trafficked from all parts of the country. The Government 
reported that trafficking routes existed in all states and the Federal 
District. The National Research on Trafficking in Women, Children, and 
Adolescents for Sexual Exploitation Purposes identified 241 
international and national trafficking routes.
    Internal trafficking of rural workers into forced labor schemes was 
a serious problem, while trafficking from rural to urban areas occurred 
to a lesser extent. Union leaders claimed that nearly all persons 
working as forced laborers had been trafficked by labor recruiters. 
Labor inspectors found a small number of persons from other countries 
trafficked to work in urban sweatshops, primarily in the city and state 
of Sao Paulo. Labor recruiters generally recruited laborers from small 
municipalities in the North and Northeast and transported them to 
ranches and plantations in remote areas in the central western part of 
the country. Most internally trafficked slave laborers originated from 
the states of Maranhao and Piaui, while Para and Mato Grosso received 
the highest number of internally trafficked slave laborers.
    Internal trafficking supplied forced labor, primarily from urban to 
rural areas, for agricultural work and commercial sexual exploitation. 
This typically occurred when employers recruited laborers from poor 
rural towns and transported them to remote areas where escape was 
difficult. Workers then were obliged to toil in brutal conditions until 
they were able to repay inflated debts.
    Sex tourism existed throughout the country but was most apparent in 
coastal resort towns in the Northeast, South, and Southeast and in such 
major tourist destinations as Rio de Janeiro and Fortaleza, Ceara, as 
well as in the wildlife tourist areas of the Pantanal and Amazon.
    CECRIA found that typical sex trafficking victims were darker-
skinned women between 15 and 27 years of age, but researchers also 
noted the presence of adolescent boys as victims, some of whom worked 
as transvestites. Persons exploited in trafficking schemes typically 
came from low-income families and usually had not finished high school. 
Traffickers often lured victims with promises of lucrative work as 
dancers or models in Europe; beauty contest winners were cited as 
common targets. Girls were recruited at clubs and modeling agencies or 
through the Internet, want ads, mail-order bride schemes, or maid and 
au pair services. Most women who were trafficked internationally were 
older than 18, but younger victims were also trafficked with 
counterfeit documents.
    Police officials believed that some women recruited by trafficking 
organizations understood they were to work as prostitutes but did not 
know about working conditions and their prospective earnings. In other 
cases women were told that they would work as nannies or domestics. 
Upon arrival the victims' passports often were confiscated, and they 
were forced to prostitute themselves and live in virtual confinement. 
In addition to threatening physical violence, traffickers often used 
debt and isolation to control victims. Trafficking in persons was 
linked to international networks of crime, including drugs, arms 
trafficking, and money laundering. Traffickers were predominantly 
citizens and were usually associated with such activities as brothels, 
escort agencies, nightclubs, and tourist agencies.
    The law establishes a penalty of up to eight years' imprisonment 
and a fine for internal or external trafficking in persons for the 
purposes of prostitution; sentences may be increased up to 12 years 
when violence, threats, or deception are involved. The law requires the 
permission or presence of both parents for children to leave the 
country; it also prohibits children from leaving the country with a 
foreigner unless authorities grant prior approval.
    Laws on trafficking for sexual exploitation were difficult to 
enforce, particularly in relation to domestic trafficking. Violators of 
antitrafficking laws rarely received criminal penalties because of 
statutes of limitation. Police officers reported difficulty in 
arresting traffickers because of the need to apprehend them in the act 
of traveling with the victims. According to police, some women who left 
the country with traffickers did so willingly. Fear of reprisals and 
lack of awareness of legal recourse also kept victims from seeking 
police intervention or testifying against traffickers. In addition, 
because trafficking in persons laws were relatively new in the country 
and not fully understood by many judicial officials, courts often 
misclassified such cases. As a result, numbers of criminal convictions 
for trafficking offenses were low.
    Fifteen government ministries and cabinet-level secretariats were 
involved in implementing the national antitrafficking in persons plan 
released in January. Included were various agencies of the Ministry of 
Justice (including the Federal Police), SEDH, MTE, Ministry of Tourism, 
and Ministry of Social Development. The Federal Highway Police was 
responsible for checking documents and monitoring traffic along 
highways and roads; occasionally they were involved in apprehending 
suspected traffickers. Federal and state police monitored the Internet 
to detect recruitment by sex traffickers. Operating under the National 
Justice Secretariat, antitrafficking offices in the states of Sao 
Paulo, Rio de Janeiro, Ceara, and Goias monitored domestic and 
international trafficking.
    According to the UN Office for Drugs and Crime, there were four 
convictions for international sex trafficking during the year, three 
from Goias State and one from Santa Catarina State. In one of those 
cases, the Federal Court in Goias State on March 13 convicted four 
persons for international trafficking of women and sentenced them to 
thirteen years in prison. The victims had been trafficked primarily to 
Spain for sexual exploitation.
    According to the Federal Police, there were 35 investigations 
conducted into cases involving trafficking of persons from January 
until June. Authorities arrested 14 individuals during the year for 
internal and international trafficking in persons in the following 
states: two from Sao Paulo, four from Ceara, six from Mato Grosso, and 
two from Goias. In one of those operations (``Operation Madrid''), the 
Federal Police arrested six persons from the states of Matto Grosso do 
Sul and Goias who were involved in an international organization and 
charged them with recruiting and trafficking women from the country 
into prostitution in Spain. The Public Ministry charged all six with 
the crimes of international trafficking and conspiracy for illegal 
purposes. At year's end the case was before the Mato Grosso Federal 
Court.
    Trafficking victims were not treated as criminals, and police 
usually referred victims to centers for treatment and counseling. 
However, access to such services was limited due to a lack of 
government support, and efforts often were inconsistent and 
underfunded. The Government cooperated with a number of shelters or 
health care facilities specifically dedicated to trafficking victims, 
and workers at more than 600 victim assistance centers were trained to 
assist trafficking victims. The Secretariat of Social Assistance of the 
Ministry of Social Development and Combating Hunger operated more than 
400 centers to assist victims of sexual abuse and exploitation and 
domestic violence. NGOs provided victims assistance in job training, 
counseling, and other community reintegration assistance. Locally based 
NGOs assisted trafficking victims with retraining and counseling 
activities. SEDH maintained a national witness protection system into 
which 17 states were integrated. The Federal Government invested 12 
million reais (approximately $5 million) into the witness program in 
2007 and brought 630 individuals under its protection during the year.
    SEDH conducted antitrafficking information campaigns. The National 
Secretary for Justice continued to lead a government public awareness 
campaign to deter international traffickers and sensitize their 
potential victims to the dangers. Sao Paulo and Pernambuco states and 
others carried out similar, statewide campaigns.
    Labor organizations and NGOs continued to conduct prevention 
campaigns, including one case of pamphlet distribution to rural workers 
in areas that historically served as targets for traffickers, to 
supplement Federal Police and state civil police efforts.
    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 Federal Government 
effectively enforced these provisions. However, state governments 
failed to meet legally mandated targets for educational opportunities 
and work placement. While federal and state laws have provisions 
ensuring access to buildings for persons with disabilities, states did 
not have programs to enforce them effectively. For instance, while the 
Sao Paulo State labor code requires that meeting places for more than 
100 persons or other facilities for 600 persons or more provide 
modified entrances and other accommodations for persons with 
disabilities, such persons had continued difficulty in securing 
necessary accommodations.
    The National Council for the Rights of Handicapped Persons and the 
National Council for the Rights of the Elderly, both within SEDH, have 
primary responsibility for promoting the rights of persons with 
disabilities.

    National/Racial/Ethnic Minorities.--Although the law prohibits 
racial discrimination, darker-skinned citizens, particularly Afro-
Brazilians, frequently encountered discrimination.
    The law specifically prohibits denial of public or private 
facilities, employment, or housing to anyone based on race. The law 
also prohibits, and provides jail terms for, the incitement of racial 
discrimination or prejudice and the dissemination of racially offensive 
symbols and epithets.
    Afro-Brazilians, representing almost half the population, were 
significantly underrepresented in the Government, professional 
positions, and the middle and upper classes. They experienced a higher 
rate of unemployment and earned average wages approximately half those 
of a white person. There was also a sizeable racial education gap.
    In February in a government report to the UN, SEDH acknowledged the 
existence of racism in the country but stated that the Government took 
and was taking affirmative actions to reduce it, including university 
admission quotas for Afro-descendants.
    Major public universities in the Federal District and the states of 
Sao Paulo, Rio de Janeiro, Parana, Mato Grosso, Minas Gerais, Espirito 
Santo, and Bahia maintained affirmative action programs; for instance, 
the University of Brasilia set aside 25 percent of its first-year 2007 
vacancies for self-declared students of color. According to a study 
from Rio de Janeiro Federal University released in January, 
approximately half of the public federal and state universities had a 
quota system or an exam bonus.

    Indigenous People.--The law grants the indigenous population broad 
rights, including the protection of their cultural patrimony and the 
exclusive use of their traditional lands. Although many problems 
existed, the Government made limited progress in securing these rights.
    The National Indigenous Foundation (FUNAI) estimated that there 
were 460,000 indigenous persons in 225 societies on indigenous lands 
and an additional 100,000 to 190,000 indigenous persons living outside 
these areas, including in urban environments.
    The Government estimated that more than half of the country's 
indigenous persons lived in poverty in communities whose traditional 
ways of life were threatened on a variety of fronts, including land 
development, agricultural expansion, and mining. FUNAI reported that 
indigenous persons also faced other problems, including disease, poor 
health care, and loss of native culture.
    While the 1988 constitution charged the Federal Government with 
demarcating indigenous areas within five years, the four phases of the 
process (identification, declaration, approval, and registration) were 
not completed. According to the Indigenous Missionary Council (CIMI), 
some presidential efforts to demarcate indigenous areas were blocked. 
For example, legal actions resulted in the seizure of three of the 20 
areas in Santa Catarina State that the president considered indigenous 
in 2007. According to CIMI the governors of Santa Catarina and Mato 
Grosso states and the former governor of Mato Grosso do Sul State were 
the primary opponents of demarcation.
    The law provides indigenous persons with exclusive beneficial use 
of the soil, waters, and minerals on indigenous lands, but Congress 
must approve each case. The Government administers the lands but must 
consider the views of affected communities regarding their development 
or use, and communities have the right to ``participate'' in the 
benefits gained from such use. However, indigenous leaders and 
activists complained that indigenous persons had only limited 
participation in decisions taken by the Government affecting their 
land, cultures, traditions, and allocation of national resources. They 
also criticized the Government for devoting insufficient resources to 
health care, other basic services, and protection of indigenous 
reserves from outsiders.
    Nonindigenous persons who illegally exploited indigenous lands for 
mining, logging, and agriculture often destroyed the environment and 
wildlife, spread disease, and provoked violent confrontations. FUNAI, 
which acknowledged insufficient resources to protect indigenous lands 
from encroachment, depended on the understaffed and poorly equipped 
Federal Police for law enforcement on indigenous lands.
    Disputes between indigenous and nonindigenous persons occasionally 
erupted into violence. Most conflicts concerned land ownership or 
resource exploitation rights.
    According to CIMI 53 indigenous persons were killed during the 
year, a 42 percent reduction from 2007. Of those killed, 40 were 
members of the Guarani-Kaiowa tribe in Mato Grosso do Sul State. 
Maranhao State had two deaths during the year, attributed to conflict 
between indigenous persons and illegal wood-extracting companies, 
compared with 10 in 2007.
    During the year 34 members of the Guarani-Kaiowa tribe committed 
suicide. The Mato Grosso do Sul civil police investigation into the 
suicides was continuing at year's end.
    A confrontation occurred in March in Roraima State when indigenous 
persons from the Raposa Serra do Sol reservation opposed Federal Police 
officers carrying out a court order to remove rice growers from the 
reservation. Police arrested the head of the rice producers and charged 
him with obstruction of justice and disobedience.
    In May armed guards protecting a farmer's rice field reportedly 
shot and wounded 10 indigenous persons who were building their homes on 
the Raposa Serra do Sol reservation. The Government sent federal agents 
to the reservation to prevent further violence.
    In October Federal Police officers, inspecting eviction-order 
areas, allegedly used excessive force in attempting to detain 
indigenous chief Rosival Ferreira da Silva of the Tupinamba community 
in Serra do Padeiro, Bahia State. They also reportedly detained and 
beat his brother.
    At year's end there were no known developments in the police 
investigation of the July 2007 killing of indigenous leader Ortiz Lopes 
in Mato Grosso do Sul State.
    In August members of the Xacriaba tribe in Miravania, Minas Gerais, 
met with representatives from the Federal Prosecutor's Office, the 
Federal Police, Minas Gerais Civil Police, and FUNAI to pursue their 
complaint concerning the September 2007 beating to death by two 
teenagers and an adult of a tribe member resulting from an argument 
after a party. The meeting followed a highway-blocking protest and two 
additional killings. The Minas Gerais State Court sentenced the 
teenagers to 45 days' home detention; trial of the adult, who was 
charged with murder by the state Public Ministry, was pending at year's 
end.
    During the year civil society, the Government, and NGOs discussed 
infanticide in indigenous tribes. The number of such deaths was 
unknown, although a former FUNAI president estimated that 10 children 
were killed during the year in different tribes.
    The precarious health situation of indigenous groups continued in 
many states. The Marsal de Souza Center of Human Rights continued to 
believe that the Guarani-Kaiowa group in Mato Grosso do Sul was at risk 
because they lived in very poor conditions in roadside tents. In 
Rondonia, Mato Grosso do Sul, and Maranhao states, indigenous persons 
complained of poor transportation for bringing doctors to communities 
and taking patients to hospitals.
    In the 2007 case of the contested demarcation of the Raposa do Sol 
indigenous reserve in Roraima State, the Supreme Court initiated final 
judgment, but it was suspended when one judge requested more time. A 
final decision was pending at year's end, although eight of the 11 
judges voted to uphold the Government's broad interpretation of 
indigenous land rights.
    There were no known developments concerning the FUNAI proposal to 
transfer, and grant compensation by 2010 to, 2,000 families who refused 
to leave an area inside the indigenous reserve in Sao Felix de Xingu, 
in the southern part of Para State. There have been conflicts between 
the families and the Paracana tribe in that area.
    In December 2007 the Tupiniguim and Guarani tribes, after invading 
the Portocel port in Aracruz, Espirito Santo, settled a dispute with 
the Aracruz Celulose Company concerning approximately 27,000 acres of 
land claimed as tribal. The settlement accord, mediated by FUNAI and 
the Ministry of Justice, allowed 600 families to remain on 11,000 acres 
of land. There was no updated information on the Tembe tribe's claim 
that ranchers, loggers, and other invaders had devastated more than 80 
percent of their land.
    In the late 2007 incident allegedly involving illegal miners 
extracting diamonds from the Roosevelt indigenous reserve in Rondonia 
State, authorities peacefully removed the miners without confrontation.
    In September the Para State Federal Court reinstituted monthly 
payments of 650,000 reais (approximately $260,000) that the Vale do Rio 
Doce Company (CVRD) must pay to Xikrin tribal groups, although a CVRD 
appeal was pending at year's end. FUNAI and the Public Ministry brought 
the civil case alleging that CVRD had not fulfilled an agreement 
regarding compensation for mining in areas close to the tribe's 
habitat.
    The National Commission on Indigenous Policies was created in April 
and met at least three times during the year. Composed of 
representatives from indigenous tribes, civil society groups, and 
government entities such as the Office of the Presidency, FUNAI, and 
the Ministries of Mines and Energy, Agriculture, Environment, Justice, 
Education, Defense, and Planning, the commission began examining ways 
to improve government policies, improve the provision of health 
services to indigenous persons, and incorporate indigenous concerns 
into the Federal Government's anticrime plan (the National Program for 
Public Security with Citizenship).
    According to the Ministry of Education, 20 state and federal 
universities continued to reserve entrance slots for indigenous 
persons. The number of indigenous university students, almost 5,000 or 
approximately 1 percent of total university students, remained 
unchanged.

    Other Societal Abuses and Discrimination.--State and federal laws 
prohibit discrimination based on sexual orientation, and the federal 
and state governments generally enforced these laws.
    Between January and September, the NGO Bahia Gay Group received 186 
reports of killings in the country based on sexual orientation (122 
male homosexuals, 58 transvestites, and six lesbians), an increase from 
the 116 such reports in all of 2007. The Northeast continued to be the 
most violent area against homosexuals, with Pernambuco State accounting 
for 14 percent of the cases reported.
    The Federal Government's national program, ``Brazil without 
Homophobia,'' was replicated at the local level in Rio de Janeiro. 
``Rio without Homophobia'' was launched in October, providing 
assistance to the homosexual community through hot lines, professional 
counseling services, medical assistance, rights defense, and a witness 
protection program.
    There were no reported cases of societal violence or discrimination 
based on persons with HIV/AIDS during the year.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for union 
representation of all workers (except members of the military, the 
uniformed police, and firefighters) but imposes a hierarchical, unitary 
system funded by a mandatory union tax on workers and employers. New 
unions must register with the MTE, which accepts the registration 
unless objections are filed by other unions. Unions that represent 
workers in the same geographical area and professional category may 
contest registration, in which case the MTE Secretariat for Labor 
Relations has 15 days to consider the validity of the objection. If the 
objection is found to be valid, the MTE does not register the union. 
Union organizers may challenge this decision in the labor courts.
    The law stipulates certain restrictions, such as ``unicidade'' (one 
per city), which limits freedom of association by prohibiting multiple, 
competing unions of the same professional category in a given 
geographical area. Most elements of the labor movement and the 
International Trade Union Confederation criticized unicidade. While a 
number of competing unions existed, the MTE and the courts enforced 
unicidade in decisions regarding the registration of new unions.
    In March the Government signed into law an act that extends legal 
recognition to trade union centrals that meet certain requirements 
regarding membership and regional representation. Such recognition 
allows qualifying centrals legally to represent workers in courts, 
public councils, and other bodies.
    The Single Central Organization of Workers (CUT) estimated that 20 
to 25 percent of workers were unionized. Most informal sector workers, 
including self-employed workers and those not formally registered with 
the MTE, fell outside the official union structure; they therefore did 
not enjoy union representation and usually were unable to exercise 
their labor rights fully. According to government statistics, the 
informal sector accounted for approximately 38 percent of the labor 
force. In the agricultural sector, 70 percent of workers were 
unregistered.
    Intimidation and killings of rural labor union organizers and their 
agents continued to be a problem. The Catholic Church's Pastoral Land 
Commission reported that violence in rural areas victimized labor 
leaders, with most perpetrators enjoying impunity (See Section 1.a.).
    On August 23, Transport Workers' Union leader Joinville Frota 
suffered an attempt on his life when his house in Amapa State was set 
afire, reportedly during a dispute between the union and two transport 
companies. In a previous attack on the union, its headquarters was also 
set on fire in April. At year's end no arrests had been made.
    The law provides the right to strike to all workers except the 
armed forces, military police, and firefighters, and workers exercised 
this right in practice. While the civil police were allowed to form 
unions and conduct strikes, the military police were prohibited from 
organizing.
    The law stipulates that a strike may be ruled ``abusive'' by labor 
courts and be punishable if a number of conditions are not met, such as 
maintaining essential services during a strike, notifying employers at 
least 48 hours before the beginning of a walkout, and ending a strike 
after a labor court decision. Employers may not hire substitute workers 
during a legal strike or fire workers for strike-related activity, 
provided that the strike is not ruled abusive. In practice employers 
fired strike organizers for reasons ostensibly unrelated to strikes, 
and legal recourse related to retaliatory discharge was often a 
protracted process.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was widespread in the formal sector. The law obliges unions 
to negotiate on behalf of all registered workers in the professional 
category and geographical area they represent, regardless of whether an 
employee pays voluntary membership dues to the union.
    The law permits the Government to reject clauses of collective 
bargaining agreements that conflict with the orientation of government 
policy. The ILO Committee of Experts has called for this provision's 
repeal. Collective bargaining is effectively prohibited in the public 
sector; the constitution allows it, but only after implementing 
legislation that has never been passed by Congress. By year's end 
government-submitted legislation to implement collective bargaining as 
part of a labor reform package was awaiting congressional 
consideration.
    The law prohibits the dismissal of employees who are candidates for 
or holders of union leadership positions and requires employers to 
reinstate workers fired for union activity; however, authorities at 
times did not effectively enforce laws protecting union members from 
discrimination. Labor courts charged with resolving these and other 
disputes involving unfair dismissal, working conditions, salary 
disputes, and other grievances were slow and cumbersome, averaging six 
years for resolution. Parties generally agreed that when ultimately 
resolved, cases were decided fairly and on their merits. There was a 
trend for courts to rule against employees, claiming that union 
membership was not a factor. Most complaints were resolved in the first 
hearing; however, the appeals process introduced many delays, and some 
cases remained unresolved for up to 10 years.
    There are no special laws or exemptions from regular labor laws in 
the country's free trade zones.

    c. Prohibition of Forced or Compulsory Labor.--Although the law 
prohibits forced or compulsory labor, including by children, forced 
labor and trafficking of workers occurred in many states, most commonly 
in activities such as forest clearing to provide cattle pastureland, 
logging, charcoal production, raising livestock, and agriculture, 
particularly harvesting sugarcane, coffee, and cotton. Forced labor 
typically involved young men drawn from the impoverished Northeast 
states-Maranhao, Piaui, Tocantins, Para, Goias, and Ceara-to work in 
the northern and central-western regions of the country. Women and 
children, the latter typically working with their parents, also were 
involved in forced labor activities such as the production of charcoal. 
The ILO estimated that there were approximately 25,000 forced labor 
workers at any given time during the year, with some NGOs estimating 
the number as high as 100,000 without supporting empirical data. 
According to the Federal Police, there were 306 investigations into 
forced labor from January until June.
    Labor intermediaries trafficked most forced laborers to remote 
estates, where victims were forced to work in harsh conditions until 
they repaid inflated debts related to the costs of travel, tools, 
clothing, or food. Armed guards sometimes were used to retain laborers, 
but the remoteness of the location, confiscation of documents, and 
threats of legal action or physical harm usually were sufficient to 
prevent laborers from fleeing.
    The law provides that violators of forced or compulsory labor may 
be sentenced up to eight years in prison. The law also provides 
penalties for various crimes related to forced labor, such as 
recruiting or transporting workers or obliging them to incur debt as 
part of a forced labor scheme. The abolition of forced labor was 
hindered by failure to impose effective penalties, the impunity of 
those responsible, delays in judicial procedure, and the absence of 
coordination between the various government bodies. There were few 
criminal prosecutions relating to forced labor because of the lack of a 
clear legal definition; local political pressure; weak coordination 
among the police, the judiciary, and prosecutors; the remoteness of 
areas in which forced labor was practiced; witnesses' fear of 
retaliation; and police failure to conduct criminal investigations when 
accompanying labor inspectors on raids.
    Violators of forced labor laws enjoyed virtual impunity from 
criminal prosecution, and no landowner has ever been convicted and 
imprisoned for using slave labor. The MTE punished those who used slave 
labor by imposing fines, requiring that indemnities be paid to the 
workers, and placing the names of violators on a ``dirty list,'' which 
was published every six months on the Internet. The Ministry of 
National Integration vetoed financing to violators, the Bank of Brazil 
denied credit to landowners using forced labor, and some sectors of the 
economy refused to buy products from producers on the list. The Federal 
Labor Prosecutor's Office participated in inspections by receiving 
complaints and establishing fines that violators had to pay to receive 
financing and credit, sell products, have their accounts unfrozen, or 
obtain access to governmental loans.
    In May the MTE released its ``dirty list'' of 207 employers in 14 
states who used their workforce in conditions analogous to slave labor. 
Some challenged the list's constitutionality, since there is no way to 
clear oneself before a name is added, but at year's end no decision had 
been made. The Senate's Human Rights Committee approved a law that 
prohibits granting credit to persons or companies on the ``dirty 
list.''
    During the year the MTE's Mobile Inspection Unit freed 5,244 forced 
laborers in 154 operations on 290 properties. Payments of indemnities 
to the workers totaled approximately 9 million reais ($3.6 million).
    On September 17, federal labor inspectors, assisted by federal 
police, highway police, and prosecutors, freed 150 workers, including 
more than 30 children, found working under forced labor and degrading 
conditions at a cacao plantation in Placas, Para. The workers had been 
unable to leave because of debts owed to the employer for food, other 
basic necessities, and tools required for work. Workers also reported 
that they were threatened with death if they tried to leave. MTE 
inspectors estimated that the employer owed workers approximately 1.4 
million reais ($560,000) in back wages. At year's end a federal labor 
court was determining civil penalties and fines.
    At year's end the MTE was deciding penalties to apply in a December 
2006 case in which landowners in Goias State were arrested on suspicion 
of labor abuse and environmental crimes in making charcoal from 
illegally felled timber from protected areas.
    The National Commission to Eradicate Slave Labor coordinated the 
Government's efforts to eliminate forced labor. The MTE's enforcement 
arm, the Special Group for Mobile Inspection, had responsibility for 
locating and freeing victims of forced labor. The mobile unit worked in 
conjunction with federal police officers, who accompanied labor 
inspectors on raids to provide protection. Mobile teams levied fines on 
estate owners using forced labor and required employers to provide back 
pay and benefits to workers before returning the workers to their 
municipalities of origin. Although mobile units enjoyed some success in 
freeing those working in slave-like conditions, inspectors sometimes 
faced resistance.
    The National Pact for the Eradication of Slave Labor included more 
than 100 companies and NGOs with a public commitment to restrict 
economic relations with anyone who uses slave labor. The NGOs Social 
Observatory Institute, ETHOS Institute, and Reporter Brasil monitored 
the actions to combat forced labor implemented by those who signed the 
pact.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although child labor is prohibited, it continued to be a widespread 
problem, particularly in homes and the informal sector. The executive 
secretary of the National Forum for the Eradication and Prevention of 
Child Labor (FNPETI) stated in March that the fight against child labor 
in the country was stagnant.
    The minimum working age is 16 years, and apprenticeships may begin 
at age 14. The law bars all minors under age 18 from work that 
constitutes a physical strain or that occurs in nocturnal, unhealthy, 
dangerous, or morally harmful conditions; however, authorities rarely 
enforced additional legal restrictions intended to protect working 
minors under age 18. The law requires parental permission for minors to 
work as apprentices, and apprentices must attend school through the 
primary grades. Inspectors may punish violators of child labor laws by 
drawing up infringement assessments and issuing fines.
    Data from the Government's Economic Research Institute showed that 
in 2007 there were 2.5 million children between the ages of five and 15 
working in the country's economy, compared with 2.7 million in 2006.
    Approximately half of child laborers received no income, and 90 
percent worked in the unregistered informal sector. Slightly more than 
half of child laborers worked in rural areas, and two-thirds were boys. 
The ILO estimated that approximately 20 percent of 10- to 14-year-old 
girls worked as household domestics. Most of these workers received 
less than half the minimum wage and worked in excess of 40 hours a 
week.
    The hidden and informal nature of child labor made children 
especially vulnerable to workplace accidents. For instance, children 
who produced charcoal, sisal, sugarcane, and footwear suffered from 
dismemberments, gastrointestinal disease, lacerations, blindness, and 
burns caused by applying chemical products with inadequate protection. 
According to an IBGE study, there were 273,000 labor accidents reported 
involving child labor in 2006.
    The MTE was responsible for inspecting worksites to enforce child 
labor laws; its regional offices had special groups to enforce child 
labor laws, principally by gathering data and developing plans for 
child labor inspection. Nonetheless, most inspections of children in 
the workplace were driven by complaints brought by workers, teachers, 
unions, NGOs, and the media. Labor inspectors continued to prioritize 
inspections in the informal sector, but they remained unable to enter 
private homes and farms, where much of the nation's child labor was 
found. The MTE reported that from January to November, inspectors found 
5,139 children under 16 working illegally, an approximately 35 percent 
decrease when compared with 2007. In most cases inspectors reportedly 
attempted to reach agreements and convince employers to desist from 
labor law violations before levying fines of 402 reais (approximately 
$150) per violation up to a maximum fine of 2,013 reais ($800); for a 
second or third violation, the fine doubles or triples respectively. In 
practice few employers were fined for employing children.
    The Government implemented programs to prevent child labor, 
including the Program to Eradicate Child Labor (PETI), coordinated by 
the Ministry of Social Development and Combating Hunger with state and 
local authorities. Through PETI, families with children seven to 15 
years of age working in selected hazardous activities receive monthly 
cash stipends to keep their children in school, and the children may 
participate in after-school programs that provide nutritional snacks, 
sports, art, and cultural activities. The Government, through the 
Social Development Ministry, expanded the Bolsa Familia program (to 
provide a monthly stipend to low-income families who keep their 
children in school and meet certain health requirements) by raising the 
upper age limit for eligibility from 15 to 17 years.
    NGOs supported the Government's child labor elimination programs. 
The Centers for the Defense of Children and Adolescents were active in 
many parts of the country and reported violations of children's rights 
to the guardianship councils, the social assistance network, and the 
organizations that defended children and family rights.
    Civil society also took actions to prevent and abolish child labor. 
The nongovernmental FNPETI, which includes governmental and civil 
society representatives, mobilized institutional agents involved in 
developing policies and programs to eliminate child labor. The toy 
industry's Foundation for Children's Rights operated a labeling program 
that identified companies with child-friendly policies and a commitment 
to eliminate child labor. All major labor organizations had programs to 
educate union members about the hazards of child labor and encouraged 
members to report instances of child labor to authorities.

    e. Acceptable Conditions of Work.--The Government adjusts the 
minimum wage annually and in April raised it to 415 reais 
(approximately $248) per month. IBGE estimated that approximately 25.6 
percent of workers earned the minimum wage or less. The national 
minimum wage did not provide a decent standard of living for a worker 
and family.
    The law limits the workweek to 44 hours and specifies a weekly rest 
period of 24 consecutive hours, preferably on Sundays. The law also 
prohibits excessive compulsory overtime and stipulates that hours 
worked above the weekly limit must be compensated at time-and-a-half 
pay; these provisions generally were enforced in the formal sector.
    The MTE sets occupational, health, and safety standards that are 
consistent with internationally recognized norms. MTE labor inspectors 
worked closely with prosecutors from the Federal Labor Prosecutor's 
Office, an independent agency responsible for prosecuting labor 
infractions. However, the Government devoted insufficient resources for 
adequate inspection and enforcement of standards.
    Unsafe working conditions were prevalent throughout the country. 
There were no figures available on workplace accidents during the year. 
According to data from the Ministry of Social Security, the Government 
granted benefits to 11,538 persons for work-related accidents during 
the year. Employees or their unions may file claims related to worker 
safety with regional labor courts, although this was frequently a 
protracted process.
    The law requires employers to establish internal committees for 
accident prevention in workplaces. It also protects employee members of 
these committees from being fired for their committee activities. 
However, such firings occurred, and legal recourse usually required 
years for a resolution. The Federal Prosecutor's Labor Office reported 
that numerous firms used computerized records to compile ``black 
lists'' identifying workers who had filed claims in labor courts. 
Individual workers did not have the legal right to remove themselves 
from the workplace when faced with hazardous working conditions, but 
workers could express such concerns to a company committee for an 
immediate investigation.

                               __________

                                 CANADA

    Canada, with a population of 33.1 million, is a constitutional 
monarchy with a federal parliamentary form of government. In a free and 
fair multiparty federal election held on October 14, the Conservative 
Party, led by Stephen Harper, won a plurality of seats and formed a 
second successive minority 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 judiciary provided effective means of 
addressing individual instances of abuse. Human rights problems 
included harassment of religious minorities, violence against women, 
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, but a few law enforcement-related deaths during the 
year remained under investigation.
    On three reported occasions, police employed taser weapons with 
lethal effect. On June 23, Jeffrey Mark Marreel died at Turkey Point in 
Ontario after provincial police used a taser to subdue him. On July 22, 
Michael Langan died in Winnipeg, Manitoba, after police stunned him 
with a taser weapon. On September 17, Sean Reilly of Brampton, Ontario, 
died after he was tasered during a struggle with Peel regional police 
officers. In each case, authorities launched an investigation into the 
incident that was ongoing at year's end.
    Also at year's end, authorities were investigating the shooting and 
killing by Peel Regional Police of Gregg Moynagh, a reportedly mentally 
ill man from Mississauga, Ontario, during an altercation in December.
    On December 12, after concluding there was no substantial 
likelihood of conviction, the British Columbia government declined to 
lay criminal charges against four police officers in the October 2007 
taser death of Robert Dziekanski at Vancouver International Airport. 
The first phase of a public inquiry, whose interim report was pending 
at year's end, studied taser weapon use; a second phase, inquiring into 
the death, was expected to begin in January 2009.
    Police completed an internal review of the 2006 death of Jason Doan 
of Red Deer, Alberta, after he was stunned by police with a taser, but 
they did not release the results. In December provincial authorities 
held a public inquiry into the death; a report was expected in 2009.
    On June 18, the Commission of Public Complaints against the Royal 
Canadian Mounted Police (RCMP) released its final report on taser use. 
Its recommendations included reclassifying tasers as ``impact weapons'' 
for use only with suspects who are combative or pose a risk of causing 
death or grievous bodily harm, issuing tasers only to experienced 
officers, and improving accountability of their use. An RCMP review of 
the recommendations was ongoing at year's end.
    In December Vancouver police announced the withdrawal of older-
model tasers from service following reports that some pre-2005 devices 
exceeded manufacturer's voltage specifications. Police in Quebec, New 
Brunswick, Alberta, and British Columbia also announced plans to test 
and phase out older tasers.

    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.

    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 RCMP and provincial and municipal 
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.--Authorities generally apprehended persons 
openly with warrants. A judge may issue a warrant after being satisfied 
that a criminal offense may have been committed. A person arrested for 
a criminal offense has the right to a prompt, independent, judicial 
determination of the legality of the detention; and authorities 
respected this right in practice. Authorities provided detainees with 
timely information as to the reason for the arrest; ensured prompt 
access to a lawyer of the detainees' choice and, if indigent, to one 
provided by the state; and granted prompt access to family members. 
Bail generally was available.
    On February 12, Parliament passed amended immigration security 
certificate legislation giving noncitizens subject to detention and 
deportation on national security grounds greater access to evidence 
against them and extending to them the same detention review rights as 
permanent residents. As in the original law, the Government issues 
certificates on the basis of confidential evidence presented to two 
cabinet ministers by intelligence or police agencies and reviewed by a 
Federal Court judge. The evidence is not shown to the detainee. If the 
judge approves the ministers' recommendation, the individual may be 
imprisoned pending deportation proceedings.
    However, under the revised law that entered into force on February 
23, individuals subject to a security certificate also have access to 
court-appointed, security-cleared lawyers (``special advocates'') who 
have access to sensitive national security evidence and can challenge 
the relevance, reliability, and weight of such information. The 
legislation also establishes stricter rules on disclosure and the use 
of secret evidence, prohibits the use of evidence if there are 
reasonable grounds to believe authorities obtained it as a result of 
torture, and provides new avenues for review and appeal. The law 
addressed a February 2007 Supreme Court ruling that defendants have the 
right to know the evidence against them and that indefinite detention 
without review is arbitrary.
    The legislation required the Government to resubmit applications 
for all security certificates to the Federal Court. The Government re-
submitted five applications and dropped one. At year's end all five 
applications remained pending, with one individual incarcerated and 
four conditionally released pending deportation.
    On August 15, the Quebec Superior Court upheld an appeal arguing 
that a judge illegally issued warrants to Montreal police to raid media 
outlets in pursuit of pictures and video footage of an April 21 riot 
after a National Hockey League game. The Superior Court ruled that 
neither the police nor the authorizing judge had taken into account the 
tension between media freedom and the administration of justice, and 
ordered the Montreal police to return to the media all materials that 
remained sealed.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.

    Trial Procedures.--The judicial system is based on English common 
law at the federal level as well as in most provinces. In Quebec, civil 
law is derived from the Napoleonic Code; however, criminal law is the 
same nationwide. The Government appoints the judges. Trials are public, 
and defendants have a right to have their case heard before a judge 
alone or, for more serious cases, before a judge and jury. Defendants 
have the right to be present and to consult with an attorney in a 
timely manner. The Government provides an attorney at public expense if 
needed when defendants face serious criminal charges, and defendants 
can confront or question witnesses against them and present witnesses 
and evidence on their behalf. Defendants and their attorneys generally 
have access to government-held evidence relevant to their cases. 
Defendants also enjoy a presumption of innocence and have a right of 
appeal.
    On April 3, the Supreme Court declined to hear an appeal of a 
December 2007 Federal Court of Appeal ruling that withholding sensitive 
national security information from defendants in national security 
cases did not necessarily infringe on the right to a fair trial. The 
judgment occurred in the context of charges against Momim Khawaja, the 
first person to be convicted under the Anti-Terrorism Act.

    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. Remedies can be monetary, 
declaratory, or injunctive. There were few problems enforcing domestic 
court orders. Although alleged human rights violations may also be 
heard by provincial or federal human rights commissions, these bodies 
follow their own differing standards and procedures.

    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. 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.
    The Supreme Court has ruled that the Government may limit free 
speech in the name of goals such as ending discrimination, ensuring 
social harmony, or promoting gender equality. It also has ruled that 
the benefits of limiting hate speech and promoting equality are 
sufficient to outweigh the freedom of speech clause in the Charter of 
Rights and Freedoms, the country's constitutional bill of rights. 
Provincial-level film censorship, broadcast licensing procedures, 
broadcasters' voluntary codes curbing graphic violence, and laws 
against hate literature and pornography also impose some restrictions 
on the media.
    Inciting hatred (in certain cases) or genocide is a criminal 
offense, but the Supreme Court has set a high threshold for such cases, 
specifying that these acts must be proven to be willful and public. 
Laws prohibit speech or programming containing any abusive comment that 
would expose individuals or groups to hatred or contempt and empower 
the federal Canadian Human Rights Commission (CHRC) and the federal 
Canadian Human Rights Tribunal to enforce the law in areas of federal 
jurisdiction. In addition, each province has its own human rights code.
    Advocates of freedom of speech and press called for limits on 
federal and provincial human rights commission powers, notably by 
reforming or eliminating part of the federal Human Rights Act. Some 
observers criticized the requirement that commissions process all 
complaints received as well as the procedures that permit commissions 
to investigate and also adjudicate complaints. Some also were critical 
of the filing of identical complaints with several provincial 
commissions, each of which may adjudicate without attention to others. 
In 2007 for example, the Canadian Islamic Congress filed complaints 
against Maclean's magazine with the Ontario and British Columbia human 
rights commissions and the CHRC, claiming that some of the magazine's 
articles, especially an excerpt from America Alone by Mark Steyn, were 
anti-Islamic. During the year all three commissions dismissed the 
complaints.
    On May 30, the Alberta Human Rights and Citizenship Commission 
ordered Rev. Stephen Boissoin and the Concerned Christian Coalition to 
cease making disparaging comments about homosexuals, pay a Cdn$7000 
(approximately $6,570) fine, and publish an apology. At year's end 
Boissoin's appeal to the Alberta provincial court was pending.
    In July and December respectively, the CHRC dismissed complaints 
against Catholic Insight magazine for allegedly promoting hatred of 
homosexuals and against Muslim cleric Abou Hammaad Sulaiman Dameus al-
Hayiti for his book attacking homosexuals, Jews, and Christians.
    On August 1, the Alberta Human Rights and Citizenship Commission 
dismissed a complaint by the Edmonton Council of Muslim Communities 
against journalist Ezra Levant for republishing Danish cartoons 
depicting the Prophet Muhammad.
    On January 14, the Saskatchewan Court of Appeal upheld a 2006 
provincial court ruling that ordered a re-trial of a former leader of 
the Assembly of First Nations, who was convicted in 2005 of willfully 
promoting hatred against Jews under the hate propaganda provisions of 
the law. The re-trial began November 24, and a verdict was expected in 
February 2009.

    Internet Freedom.--There were no government restrictions on access 
to the Internet and no reports of government monitoring e-mail. 
Individuals and groups could engage in the peaceful expression of views 
via the Internet, including by e-mail. Internet access was readily 
available and widely used. The International Telecommunication Union 
reported that there were 76 Internet users per 100 inhabitants in 2007.
    The CHRC investigates complaints about hate messages on Web sites 
and may forward cases to the Canadian Human Rights Tribunal for action.
    On June 17, the CHRC launched a policy review concerning hate 
messages on the Internet and commissioned an independent, nonbinding 
report. The November 24 report recommended repeal of the federal Human 
Rights Act section dealing with hate speech; proposed the prosecution 
of hate complaints exclusively by courts under the criminal code; and 
proposed restriction of the federal definition of hate speech to 
extreme expression that advocates, threatens, or justifies violence. 
The report also recommended that, if the CHRC retains jurisdiction over 
hate speech, its authority should be limited to the most extreme 
instances of discriminatory expression. At year's end the CHRC expected 
to provide its findings and public consultation results to Parliament 
by mid-2009.
    Concerns arose from allegations that the CHRC monitored Internet 
chat rooms and improperly posted comments therein. While the CHRC held 
hearings that continued at year's end on a complaint that accused Marc 
Lemire, former president of a white supremacist organization, of 
disseminating hate speech on his Web site, Lemire filed complaints with 
the Ottawa police and the RCMP alleging illegal CHRC staff 
investigative techniques including hacking into a private citizen's 
Internet account. The RCMP and the Privacy Commissioner investigated 
these complaints; the RCMP ended its investigation on November 27 
without filing criminal charges.

    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.
    On May 20, the Supreme Court heard the case of a teenage member of 
the Jehovah's Witnesses whom Manitoba child-protection officials 
ordered in 2006 to submit to a medically necessary blood transfusion. 
The complainant argued that the transfusion violated her constitutional 
rights to security of the person and religious freedom; she asked the 
court to strike down the provincial child-protection law. The court's 
ruling was pending at year's end.

    Societal Abuses and Discrimination.--There were a number of reports 
of harassment of religious minorities, which the Government 
investigated and punished under laws and regulations that seek to 
protect religious freedom and counter hate and bias activity. In June 
the Government statistical agency reported that 27 percent of the 892 
reports of hate-motivated crime the police received in 2006 had 
religious motivations.
    Approximately 1.1 percent of the population was Jewish. The B'nai 
Brith Canada League for Human Rights received 1,042 reports of anti-
Semitic incidents in 2007, an 11.4 percent increase from 2006. The 
greatest number of reports came from Ontario Province (582 incidents, 
427 of which took place in the Greater Toronto area), followed by 
Quebec Province (291 incidents, 249 of which took place in Montreal)-
the two provinces where approximately 80 percent of the country's 
Jewish population resided. The 1,042 reports included 699 cases of 
harassment, 315 cases of vandalism, and 28 cases of violence; 169 cases 
involved attacks on synagogues, Jewish homes, community centers, or 
cemeteries. Jewish students reported 78 cases of anti-Semitic incidents 
that occurred on university campuses in 2007, compared with 36 in 2006; 
another 82 involved primary and secondary school settings, compared 
with 54 in 2006. B'nai Brith also received 310 reports of Web-based 
hate activity.
    In February police charged two men for painting anti-Semitic and 
racist graffiti on property throughout a neighborhood in Saskatoon, 
Saskatchewan. There were no further developments in the case at year's 
end.
    In late March and early April in the Toronto area, vandals drew 
swastikas and/or spray painted anti-Semitic messages on apartment 
building stairway walls, a library, and the house exteriors in two home 
developments. In June in Kelowna, British Columbia, vandals similarly 
defaced a Jewish community center and elementary school.
    On July 31, vandals scrawled an anti-Semitic message and eight 
swastikas on a Canadian Museum for Human Rights billboard. Winnipeg 
police investigated the incident as a hate crime, and there were no 
further developments at year's end.
    In November Quebec police arrested four individuals in connection 
with the August 16 assault of a Hassidic Jew walking to a synagogue in 
St. Agathe, Quebec, and the vandalism of vehicles.
    In November authorities sentenced an individual, who had pled 
guilty to four counts of damaging and threatening to damage property by 
firebombing a Jewish boys' school and other targets in Montreal in 
2006, to four years in prison with three subsequent years of probation. 
The trial of a second individual in the same case had not begun by 
year's end.
    On September 18, a Quebec court found a woman guilty of being an 
accessory after the fact in the 2004 firebombing of a Montreal Jewish 
school and later sentenced her to 12 months probation.
    Approximately 1.9 percent of the population was Muslim. On March 
17, a transportation company suspended a Toronto area bus driver for a 
week without pay after he refused to remove his kufi, a Muslim 
religious head cap, while on the job. The company alleged that the 
headgear violated the employee dress code but subsequently reversed its 
decision, allowing the man to return to work and offering him 
compensation for lost wages.
    There were no known developments in the investigations of the 2006 
incidents of an imam physically threatened outside a Montreal mosque, 
property damage to an Ontario mosque, and an attack on an Islamic 
school in Ottawa.
    In March two Sikh men filed a complaint with the British Columbia 
Human Rights Tribunal against their employer, alleging that the 
forestry company failed to consider their religious obligation to wear 
a turban when it required them to wear hard hats and suspended them for 
not doing so in 2007. At year's end the tribunal decision was pending.
    The CHRC is responsible for information programs to foster public 
understanding of the Canadian Human Rights Act. Provincial human rights 
commissions and tribunals perform similar functions for activities not 
under federal regulation. Four provinces (Newfoundland, Nova Scotia, 
Prince Edward Island, and New Brunswick) officially recognize Holocaust 
Remembrance Day, and every province conducts a remembrance ceremony.
    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 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. The 
Government has a system for providing protection to refugees and 
granted refugee status or asylum as appropriate.
    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 offered alternatives to 
refugee claimants whose cases were refused by the Immigration and 
Refugee Board. The option for judicial review through the Federal Court 
exists. Two other remedies of last resort are available through the 
Department of Citizenship and Immigration, including a ``pre-removal 
risk assessment'' as well as an appeal to the minister of citizenship 
and immigration for a waiver based on humanitarian and compassionate 
grounds.
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 the free and fair 
multiparty federal general election on October 14, the Conservative 
Party won the largest number of seats in Parliament and formed its 
second successive minority government. On December 4, at the prime 
minister's request in order to avoid a vote of confidence that the 
Government would likely have lost, the governor-general prorogued 
(suspended) parliament until January 26, 2009. Political parties 
operated without restriction or outside interference.
    There were 68 women and five indigenous people in the 308-member 
House of Commons after the October election. There were 35 women and 
seven indigenous people in the 105-seat Senate (whose members are 
appointed by the Government). Women held five seats in the 27-member 
cabinet before the October election, and 11 in the new 38-member 
cabinet. The governor-general and four of the nine members of the 
Supreme Court, including the chief justice, were women.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
enforced these laws effectively. There were isolated reports of 
government corruption during the year. The Federal Accountability Act 
provides for transparency and accountability in government and created 
the Office of the Public Sector Integrity Commissioner to report 
annually on allegations of corruption. In May the commissioner reported 
no incidents of wrongdoing in her first annual report.
    A conflict of interest and ethics commissioner administers the 
conflict of interest code for members of the House of Commons, as well 
as the Conflict of Interest Act in relation to public office holders. 
Public officials are not subject to financial disclosure laws for 
personal assets.
    The law permits public access to government information, and the 
Government in practice granted access for citizens and noncitizens, 
including foreign media. The Government released quarterly information 
on the public expenditures of senior government officials and also 
published expense information on individual ministerial Web sites and 
on a centralized Web site.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    In October the Government released a report of the judicial review 
findings on the role, if any, that officials may have played in 
relation to the detention and alleged torture in Syria and/or Egypt of 
three Muslim dual-national Canadians suspected of links to terrorism. 
The report found that the detentions of two of the individuals resulted 
indirectly from specific information-sharing actions by government 
officials. The report also found that the three ``suffered mistreatment 
amounting to torture'' which likely resulted indirectly from the 
information-sharing actions of government officials. However, it 
declined to assign blame, stating that officials had 
``conscientiously'' carried out their duties.
    On May 23, in the case of Omar Khadr (a citizen detained at 
Guantanamo), the Supreme Court determined (a) that government officials 
acted improperly in sharing information, obtained from interviews of 
him in 2003 and 2004, with foreign officials and (b) that the sharing 
process violated the country's international obligations. The Court 
ordered as a remedy that Khadr's defense team be given access to all 
records of interviews conducted, after review by the Federal Court.
    Proceedings continued against Desire Munyaneza, a Rwandan national 
who entered the country in 1997 claiming refugee status, for war crimes 
allegedly committed during the 1994 Rwandan genocide. The outcome of 
the trial, the first under the country's Crimes against Humanity and 
War Crimes Act, remained pending at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal benefits and protection of the law 
regardless of race, gender, national or ethnic origin, age, language, 
social status, or disability; the Government effectively enforced these 
provisions.

    Women.--Although prohibited by law, rape and violence against 
women, including spousal rape and abuse, remained a problem. The 
Government's statistical office reported there were 65 sexual assaults 
per 100,000 persons in 2007, down from 68 in 2006.
    The law prohibits domestic violence. Although the criminal code 
does not define specific domestic violence offenses, an abuser can be 
charged with an applicable offense, such as assault, intimidation, 
mischief, or sexual assault. Persons convicted of assault may be 
penalized with up to five years in prison. Assaults involving weapons, 
threats, injuries, or endangerment of life carry prison sentences up to 
14 years. Sexual abuse may be penalized with up to 10 years in prison. 
Sexual assaults involving weapons, threats, injuries, or endangerment 
of life carry sentences up to life imprisonment.
    Indigenous (aboriginal) people were more than three times more 
likely to be victims of spousal violence than nonindigenous people.
    The federal statistical agency reported there were 553 shelters for 
abused women; the shelters provided both emergency care and long-term 
assistance. The Government's family violence initiative involved 12 
departments and a cabinet ministry-Status of Women Canada. These 
entities worked to eliminate systemic violence against women and 
advance women's human rights.
    The Amnesty International 2008 Report noted continuing high levels 
of discrimination and violence against indigenous women and criticized 
officials for failing to advance a national strategy. Amnesty's October 
1 submission to the UN Committee on the Elimination of Discrimination 
against Women drew attention to human rights violations allegedly 
experienced by indigenous and refugee/migrant women as well as women in 
federal prisons.
    Adult prostitution is not illegal, but the law prohibits pimping 
(benefiting from the earnings of prostitution of another); operating, 
being found in, or working in a brothel; and communicating in a public 
place for the purpose of engaging in prostitution.
    The law does not contain a specific offense of ``sexual 
harassment'' but criminalizes harassment (stalking), punishable by up 
to 10 years' imprisonment, and sexual assault, with penalties ranging 
from 10 years for nonaggravated sexual assault to life imprisonment for 
aggravated sexual assault. The Government generally enforced these 
prohibitions. Most harassment cases were settled out of court.
    Women were well-represented in the labor force, including business 
and the professions, and did not experience economic discrimination. 
According to Statistics Canada, 59 percent of women age 15 and older 
were employed in the workforce in 2007. Employment equity laws and 
regulations cover federal employees in all but the security and defense 
services. Women have marriage and property rights, as well as rights in 
the judicial system, equal to those of men.

    Children.--The Government demonstrated its commitment to children's 
rights and welfare through well-funded systems of public education and 
medical care. Federal and provincial regulations protect children from 
abuse, overwork, and discrimination and penalize perpetrators of such 
offenses.
    In February Quebec police arrested two citizens on charges of 
abusing children in an orphanage in Haiti in 2006-2007. Both pled 
guilty to sexual assault and were convicted in November.
    Police data in 2006 showed that children and youth were most likely 
to be physically or sexually assaulted by someone they know. A family 
violence study by the federal statistical agency reported that, for 
every 100,000 young persons included in the study in 2006, 334 were 
victims of physical or sexual violence by a friend or acquaintance, 187 
suffered violence by a family member, and 101 were victimized by a 
stranger. The rate of physical assault by a parent was more than three 
times higher than the rate of sexual assault (83 compared with 24 
victims per 100,000 children and youth). Sixty percent of homicides 
against children were committed by family members. Approximately 40 
percent of child and youth victims of family violence sustained a 
physical injury, although the majority of injuries required no 
professional medical treatment.

    Trafficking in Persons.--Although the law prohibits all forms of 
trafficking in persons, there were reports that persons were trafficked 
to, through, and, occasionally, within the country.
    The country is a source, transit point, and destination for men, 
women, and children trafficked for the purposes of labor and sexual 
exploitation. Nongovernmental organizations (NGOs) estimated that 2,000 
persons were trafficked into the country annually, while the RCMP 
estimated only 600 to 800 persons, with an additional 1,500 to 2,200 
persons trafficked through the country into the United States. Many 
victims were Asians and Eastern Europeans, but a significant number 
also came from Africa, Latin America, and the Caribbean. Women and 
children were trafficked for sexual exploitation; on a lesser scale, 
men, women, and children were trafficked for forced labor. Some girls 
and women, most of whom were aboriginal, were trafficked internally for 
commercial sexual exploitation.
    Vancouver and Toronto served as hubs for organized crime groups 
trafficking in persons, including for prostitution. East Asian crime 
groups targeted the country, Vancouver in particular, to exploit 
immigration laws, benefits available to immigrants, and the proximity 
to the U.S. border.
    The law criminalizes trafficking in persons and prohibits global 
and internal trafficking in persons, benefiting economically from 
trafficking in persons, and withholding or destroying documents to 
facilitate trafficking in persons. The Immigration and Refugee 
Protection Act establishes criminal penalties of up to life in prison 
and fines of up to one million Canadian dollars (approximately 
$938,000) for convicted cross-border traffickers. The Government 
prosecutes all forms of human trafficking, including forced labor, in 
addition to trafficking related acts such as kidnapping, forcible 
confinement, uttering threats, sexual assault, prostitution-related 
crimes, and extortion. The law also permits domestic prosecution of 
citizens and residents who engage in illegal sexual activity with 
children overseas.
    During the year the country marked its first convictions under 
criminal code amendments enacted in 2005 to provide explicit 
trafficking in persons offenses. In June the Ontario Court of Justice 
sentenced a man to five years in prison for trafficking and for living 
on the avails of prostitution of a minor. In December the Ontario court 
sentenced a second man to three years for trafficking offenses. In 
addition, according to the Department of Justice, a Quebec court 
convicted an individual of trafficking offenses.
    The Government has an interdepartmental working group consisting of 
17 departments and agencies and co-chaired by senior officials from the 
Departments of Justice and Public Safety to combat trafficking in 
persons.
    Through agencies such as Interpol, the Government assisted other 
countries with criminal investigations of trafficking cases and 
cooperated with law enforcement authorities in neighboring and source 
countries.
    Officials may grant a temporary residence permit of 180 days (or 
longer, in special meritorious cases) to provide a reflection period 
for the victim and an investigative window for law enforcement to 
determine whether there is enough evidence to pursue a trafficking 
case. During this 180-day period, immigration officials determine 
whether a longer residency period of up to three years may be 
warranted. Nonetheless, NGOs reported anecdotal evidence that some 
victims of trafficking were arrested and deported. The RCMP conducted a 
law enforcement training program to sensitize officers to trafficking 
realities, help identify potential trafficking victims, and provide 
information about implementing the new guidelines.
    In addition to legal status under a temporary residence permit, 
trafficking victims have access to federally funded emergency medical 
services and programs such as legal assistance; they may also apply for 
assistance from victim assistance funds maintained by provincial 
governments.
    In January the Government dedicated six million Canadian dollars 
(approximately $5.6 million) to preventing the sexual exploitation and 
trafficking of children. The initiative included a national awareness 
campaign and a 24-hour hot line. The Government also provided two 
million Canadian dollars (approximately $1.9 million) to a national 
charitable organization to pursue public leads about suspected child 
predators on the Internet.
    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 prohibitions. 
The Government effectively implemented laws mandating access to 
buildings for persons with disabilities.
    The federal, provincial, and territorial governments share 
responsibility for protecting the rights of persons with disabilities. 
The Office for Disability Issues, the Federal Government's focal point, 
funded a range of programs, including programs to enable participation 
of persons with disabilities in the workforce.

    National/Racial/Ethnic Minorities.--The Charter of Rights and 
Freedoms protects the linguistic and cultural rights of minorities and 
establishes English and French as the country's two official languages. 
Despite the federal policy of bilingualism, native English speakers in 
Quebec (5.7 percent of the province's population in 2006) and French 
speakers in other parts of the country generally lived and worked in 
the language of the majority. Provinces may grant French or English the 
status of an official language, but only New Brunswick has granted the 
two languages equal status.
    The Charter of the French Language in Quebec makes French the 
official language of the province; requires the use of French in 
commerce, the workplace, education, and government; and protects 
minority language rights. The Charter also restricts access to publicly 
funded English-language education to children who have received or are 
receiving elementary or secondary instruction in English and whose 
parents are Canadian citizens, and to students who are temporary 
residents in the province or have serious learning disabilities and who 
have obtained a waiver.
    In January the police of York Region confirmed they had brought 
charges in five of six alleged racially motivated assaults on Asian 
recreational fishermen that took place in the Lake Simcoe area in 2007. 
The trials had not concluded by year's end. In May a separate Ontario 
Human Rights Commission investigation concluded that these assaults 
were racially motivated but not hate crimes.
    In January the Quebec Human Rights and Youth Commission ruled that 
three teenagers were victims of racial profiling when police ticketed 
them for sitting in front of a low-cost housing complex. Also in 
January the commission ruled that a Tunisian girl was a victim of 
racial profiling when police ticketed and handcuffed her for refusing 
to stop sitting behind the housing project where she lived. Police 
ticketed the girl's mother as well. In each case the commission made a 
nonbinding recommendation that the city of Montreal pay damages; the 
mayor indicated that the city did not intend to do so.
    In July the Quebec Human Rights and Youth Commission ruled that two 
police officers pulled their weapons on, and made racially motivated 
comments toward, three black persons, mistakenly assuming they were 
stealing boxes from a garage when in fact one of them owned the house. 
The Commission made nonbinding recommendations that the city of 
Montreal and the police officers pay damages, which the city declined 
to do.
    In August riots broke out in Montreal after a policeman shot and 
killed a teenage immigrant from Honduras. The rioters alleged that 
police targeted minorities and employed racial profiling. An official 
investigation determined on December 1 that no criminal charges would 
be brought against the policeman, and Quebec authorities ordered a 
public inquiry into the shooting to begin in February 2009.

    Indigenous People.--The law recognizes three different groups of 
indigenous (also known as aboriginal) people: Indians (generally called 
First Nations), Inuit (formerly called Eskimos), and Metis (persons of 
mixed Indian-European ancestry). According to the 2006 census, 
indigenous people constituted approximately 4 percent of the national 
population and higher percentages in the country's three territories: 
Yukon, 25 percent; Northwest Territories, 50 percent; and Nunavut, 85 
percent. Disputes over land claims, self-government, treaty rights, 
taxation, duty-free imports, fishing and hunting rights, and alleged 
harassment by police continued to be sources of tension. Indigenous 
people remained underrepresented in the workforce, overrepresented on 
welfare rolls and in prison populations, and more susceptible to 
suicide and poverty than other groups.
    The law recognizes and specifically protects indigenous rights, 
including those established by historical land claims settlements. 
Treaties with indigenous groups form the basis for the Government's 
policies in the eastern part of the country, but there were legal 
challenges to the Government's interpretation of treaty rights. 
Indigenous groups in the west that never signed treaties continued to 
claim land and resources, and many continued to seek legal resolution 
of outstanding issues. As a result, the evolution of the Government's 
policy toward indigenous rights, particularly land claims, frequently 
depended on legal challenges, including 45 Supreme Court decisions.
    In February the Government passed legislation implementing the 
Nunavik Inuit Land Claims Agreement Act. The law, which resolved the 
last major Inuit land claim in the country, provides for the 
establishment of an Inuit-controlled regional government, accountable 
to Quebec's National Assembly, to administer the region of Quebec above 
the 55th parallel. The Quebec Inuit and federal and Quebec governments 
signed an agreement in principle (AIP) to create the Nunavik Regional 
Government or Nunavimmiut Aquvvinga in December 2007. The AIP must be 
ratified by the Nunavik population and the federal and Quebec 
governments and remained pending at year's end.
    In June the Federal Government passed legislation establishing a 
new independent Specific Claims Tribunal to bring greater fairness to 
the handling of aboriginal land claims and to accelerate their 
resolution. The tribunal is to make binding decisions on cases that are 
rejected for negotiations, or where negotiations fail, on claims up to 
Cdn$150 million (approximately $140 million). Composed of six 
provincial superior court judges whom the Federal Government selected 
in consultation with the aboriginal Assembly of First Nations, the 
tribunal began work in October.
    In June the Federal Government passed legislation implementing the 
Tsawwassen First Nation Final Agreement. The Agreement granted 
jurisdiction over approximately 1,790 acres of coastal British Columbia 
to the Tsawwassen First Nation, including control over tax policy, land 
management, fisheries, wildlife, migratory birds, parks, culture and 
heritage, and governance.
    Also in June the Government passed legislation extending legal 
protection from discrimination under the Canadian Human Rights Act to 
aboriginal people. They were previously prohibited from filing human 
rights complaints against authorities subject to the Indian Act. Full 
protection under the Human Rights Act is to be phased in over a three-
year transitional period.
    On June 11, the Prime Minister formally apologized to former 
students of Indian residential schools for abuse suffered and for the 
negative consequences of the residential system on native communities. 
The apology followed a two billion Canadian dollar (approximately $1.8 
billion) settlement in 2006 between the Federal Government and former 
students. As pledged, the Government also created the Indian 
Residential Schools Truth and Reconciliation Commission, which had not 
begun work at year's end.
    In March the Mi'kmaq of Newfoundland and Labrador ratified a 2007 
AIP with the Federal Government that extended to them formal aboriginal 
status and access to federal programs and services for status Indians. 
On August 13, the Federal Government and Mi'kmaq signed a final 
agreement to conclude the settlement.
    On September 8, the Haudenosaunee/Six Nations rejected a Cdn$26 
million (approximately $24 million) federal offer to settle one of four 
claims included in a 2007 Cdn$125 million (approximately $117 million) 
land settlement package. The dispute site has been occupied since 2006, 
and the status of the 2007 offer remained uncertain at year's end.
    The 2006-07 report of the federal corrections ombudsman charged 
that a disproportionate number of aboriginal prisoners were in maximum-
security penitentiaries and segregation and spent longer in jail than 
nonnative prisoners. Aboriginal people accounted for 18.5 percent of 
the total federal prison population. Aboriginal women accounted for 32 
percent of the female federal penitentiary population. The ombudsman 
attributed a higher rate of recidivism in part to the Correctional 
Service's failure to manage aboriginal inmates in a culturally 
responsive and nondiscriminatory manner and to lack of access to 
reintegration programs following release. The report recommended that 
the Correctional Service appoint a deputy commissioner for aboriginal 
offenders and re-establish a national aboriginal advisory committee, 
neither of which was accomplished by year's end.
    The Government continued the process of claim settlements and self-
government negotiations with more than 350 First Nations communities.

    Other Societal Abuses and Discrimination.--There were rare reports 
of societal violence or discrimination based on sexual orientation. The 
law prohibits discrimination based on sexual orientation, and the 
criminal code provides penalties for crimes motivated by bias, 
prejudice, or hate based on personal characteristics, including sexual 
orientation. The law extends equal access to civil marriage to same-sex 
couples.
    On November 25, a Saskatchewan marriage commissioner filed suit 
against the provincial government over a requirement to perform same-
sex marriages. In May the Saskatchewan Human Rights Tribunal had ruled 
that the marriage commissioner had discriminated against a gay couple 
when he declined to perform their same-sex ceremony on the ground that 
it conflicted with his religious beliefs. The tribunal had fined the 
commissioner. In his suit, the commissioner argued the law violated his 
Charter right to freedom of religion.
    In August police in Peel, Ontario, created a telephone hot line for 
hate crimes against gay, lesbian, bisexual, and transgendered people.
    There were no known reports of societal violence or discrimination 
against persons with HIV/AIDS. The criminal code provides penalties for 
violence against individuals. Courts generally interpreted prohibitions 
against discrimination on the basis of disability in federal and 
provincial human rights statutes to include discrimination against 
persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers in both the 
public (except armed forces and police) and the private sectors to form 
and join unions of their choice without previous authorization, and 
workers did so in practice.
    All workers, except for those in the public sector who provide 
essential services, have the right to strike, and workers exercised 
this right in practice. Workers in essential services had recourse to 
binding arbitration if labor negotiations failed. The law prohibits 
employer retribution against strikers and union leaders, and the 
Government generally enforced this provision in practice.
    Following a two-day strike in April by Toronto Transit Commission 
(TTC) workers, the Ontario legislature passed a law that obliged 
strikers to return to work and accept binding arbitration. In October 
the Toronto City Council narrowly defeated a motion to have the 
province declare the TTC an essential service, which would have 
permanently curtailed the workers' right to strike.
    Trade unions are independent of the Government. Approximately 30 
percent of the civilian labor force held union membership.

    b. The Right to Organize and Bargain Collectively.--The law 
protects collective bargaining, and collective agreements covered 
approximately 30 percent of the civilian labor force.
    In November the Ontario Court of Appeal struck down a provincial 
law provision that prohibited an estimated 32,000 agricultural workers 
(including foreign migrants) from bargaining collectively, ruling that 
the provision violated the Charter right to freedom of association. The 
province has 12 months to revise the provision.
    In August the Supreme Court agreed to hear an appeal by the United 
Food and Commercial Workers Union alleging that a store in Jonquiere, 
Quebec, had dismissed employees because of their union activities. The 
company had closed the store in 2005, six months after receiving union 
certification and days before a provincially-appointed labor arbitrator 
was to present the parties with a mandatory contract settlement.
    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 labor trafficking occurred. Labor trafficking victims 
reportedly often entered the country legally but were unlawfully 
exploited in agriculture or domestic servitude.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor legislation varies by province. The Federal Government 
employs youths under age 17 only while school is not in session and in 
work unlikely to endanger health or safety. Most provinces prohibit 
children under age 15 or 16 from working without parental consent, at 
night, or in any hazardous employment.
    Inspections by federal and provincial labor ministries effectively 
enforced child labor laws and policies.

    e. Acceptable Conditions of Work.--Each province and territory sets 
minimum wage rates, which ranged from Cdn$7.75 to Cdn$10.00 
(approximately $7.30 to $9.40) per hour. Ontario and British Columbia 
have a minimum wage rate for youths lower than their respective 
minimums for adult workers. The minimum wage did not provide a decent 
standard of living for a worker and family. The federal statistical 
agency calculates annual averages, or Low Income Cut-Offs (LICO), by 
family and community size, below which a family is likely to spend 
significantly more on food, shelter, and clothing than the average. 
During the year the national LICO for a family of four with a before-
tax income of less than Cdn$39,399 (approximately $36,960) qualified as 
low income.
    Standard work hours vary by province, but in each the limit is 40 
or 48 hours per week, with at least 24 hours of rest. The law requires 
payment of a premium for work above the standard workweek. Authorities 
effectively enforced these standards. There is no specific prohibition 
on excessive compulsory overtime, which is regulated by means of the 
required rest periods in the labor code that differ by industry.
    Federal law provides safety and health standards for employees 
under federal jurisdiction, while provincial and territorial 
legislation provides for all other employees. Federal and provincial 
labor departments monitored and enforced these standards. Federal, 
provincial, and territorial laws protect the right of workers with 
``reasonable cause'' to refuse dangerous work and remove themselves 
from hazardous work conditions, and authorities effectively enforced 
this right.

                               __________

                                 CHILE

    Chile is a multiparty democracy with a population of approximately 
16 million. In 2006 voters elected President Michelle Bachelet in a 
free and fair runoff election. Civilian authorities generally 
maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens. There were isolated reports of excessive use of force and 
mistreatment by police forces, physical abuse in jails and prisons, and 
generally substandard prison conditions. The Government generally took 
steps to investigate and punish abusers. Domestic violence against 
women and children was widespread. There were incidents of trafficking 
in persons. Some indigenous people suffered discrimination. Many 
children were employed in the informal economy.
                        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 January 3 in Vilcun, police shot and killed Matias Catrileo, who had 
joined an occupation by indigenous persons of private land. A military 
court indicted a police corporal for the shooting, but he remained free 
and the case was pending at year's end (See Section 5, Indigenous 
People).
    In October 2007 the Rancagua Appeals Court indicted two former 
members of the uniformed national police (Carabineros) for the 1988 
killings of Manuel Rodriguez Patriotic Front (FPMR) activists Raul 
Pellegrini and Cecilia Magni. The case remained pending at year's end.
    In the ``Albania Case'' concerning the 1987 killings of 12 FPMR 
activists, former Carabinero Ivan Quiroz Ruiz was captured on January 
24 after four months as a fugitive and began serving a 10-year 
sentence.
    On February 1, the family of dual Chilean-Spanish citizen Carmelo 
Soria, who was killed by National Intelligence Directorate (DINA) 
agents in 1976, received a 780-million-peso (approximately $1.5 
million) payment as approved by the Senate. Action on an associated 
criminal case was pending at year's end.
    On June 30, Judge Alejandro Solis convicted and sentenced nine 
former DINA agents, including former DINA director Manuel Contreras and 
two civilians, for the 1974 car bomb assassination of former army 
commander Carlos Prats and his wife in Buenos Aires. Contreras received 
two life sentences and 20 years for illicit association. At year's end 
all those indicted in the Prats case were free on bail except for 
Contreras, Pedro Espinoza, and Raul Iturriaga. Appeals regarding the 
sentences of the six other convicted individuals remained pending at 
year's end.
    On October 15, the Supreme Court confirmed the conviction of former 
general Sergio Arellano and sentenced him to six years in prison. 
However, on November 18, the presiding judge relieved Arellano of 
serving time due to his Alzheimer's disease, and his family paid 
500,000 pesos (approximately $960) bail. This first ruling by the 
Supreme Court in the 1973 ``Caravan of Death'' case involved homicide 
convictions for four of the 72 killings perpetrated by a group of army 
officers and infantrymen who traveled around the country following the 
1973 coup to order and perform prisoner executions. In addition, 
authorities convicted and sentenced four former military officers, one 
to six years in prison and three others to four years on parole.
    Judge Jorge Zepeda's investigations of retired security officer 
Rafael Gonzales, charged in connection with the 1973 killings of U.S. 
citizens Charles Horman and Frank Teruggi, remained pending at year's 
end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Courts prosecuted a number of historical cases based on plaintiffs' 
arguments that the abduction of political prisoners constituted a 
continuing crime, not covered by amnesty, unless the subsequent 
execution of the prisoner could be established concretely by 
identification of remains. The Supreme Court upheld a number of 
convictions based on indefinite or permanent kidnapping. The Supreme 
Court also revoked amnesty in several cases, allowing investigations of 
historical cases of politically motivated disappearances to be 
reopened. In other cases the courts upheld the statute of limitations 
or lessened sentences, allowing the convicted persons to serve time 
outside of prison.
    There were no developments in the 1985 disappearance case of U.S. 
citizen Boris Weisfeiler near Colonia Dignidad.
    On May 26, Judge Victor Montiglio issued 98 indictments of former 
members of the army, air force, Carabineros, and Investigations Police 
(PDI) for the 1975 disappearance case called ``Operation Colombo.'' The 
98 indictees, 13 of whom were serving sentences for other human rights 
violations, were all charged with ``permanent kidnapping'' of 41 
victims. ``Operation Colombo'' covered up DINA detentions of 119 
Chileans by placing false media reports in Argentina and Brazil stating 
that the disappeared individuals had died in Argentina or Brazil.
    A criminal court investigation of the 1974 disappearance of Gloria 
Lagos Nilsson remained pending at year's end. This case had been under 
military court purview until January 2007 when, for the first time in 
the investigation of a Pinochet-era disappearance case, a military 
court recused itself.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution prohibits such practices, 
nongovernmental organizations (NGOs) received reports of abuse and 
mistreatment by the Carabineros, the PDI, and prison guards. Few 
reports of abuse or mistreatment led to convictions.
    The Gendarmeria opened administrative investigations into 107 
allegations of abuse before the end of the year, compared with 26 such 
cases in 2007. Of the new cases, six resulted in officials receiving 
sanctions, nine were closed or the accused officials were not found 
responsible, and 92 were pending at year's end.
    On July 11, the Santiago Appellate Court confirmed a three-year 
prison sentence for Colonia Dignidad settlement founder Paul Schaefer 
for the abuse and torture of eight members of the community between 
1970 and 1980. Schaefer was already serving time for rape and sexual 
molestation.

    Prison and Detention Center Conditions.--Prison conditions 
generally were poor. Prisons often were overcrowded and antiquated, 
with substandard sanitary conditions. As of December there were 
approximately 50,000 prisoners in prisons designed to hold 33,000 
inmates. Prisons in the Santiago Metropolitan Region were at nearly 
double their design capacity. The 2008 Diego Portales University Law 
School Annual Report on Human Rights reiterated that overcrowded 
prisons with substandard sanitary, food, and medical services were a 
problem and also described cases of prisoner abuse and use of excessive 
force.
    In isolated instances prisoners died due to lack of clear prison 
procedures and insufficient medical resources. Prison officials 
reported that there were 63 deaths from preventable causes during the 
year, compared with 48 in 2007. As of December 48 inmates had been 
killed by other prisoners, and 15 inmates had committed suicide. 
Prisoners with HIV/AIDS and mental disabilities allegedly failed to 
receive adequate medical attention.
    In March the UN Children's Fund issued a report on the new, more 
rehabilitative juvenile justice system established under a 2007 reform 
law. The principal shortcomings noted included deficient implementation 
of schooling and training programs, a lack of appropriate medical 
attention and administration of medicines, the use of solitary 
confinement despite its prohibition in the law, and the absence of 
segregation of youths by age and gender. As of December approximately 
1,600 minors were incarcerated in the new system, of whom nearly 80 
percent were held provisionally during their trial. A special 
prosecutor's investigation into a 2007 fire, which started during a 
riot in the Tiempo de Crecer juvenile detention center in Puerto Montt 
and killed 10 adolescents, was pending at year's end.
    The Government permitted prison visits by independent human rights 
observers, and such visits took place to both government-run and 
privately operated facilities. An Inter-American Commission on Human 
Rights (IACHR) delegation that visited and evaluated the country's 
prison system in late August found some good practices, but it also 
noted excessive use of force, systematic physical mistreatment 
including the use of isolation measures in inhuman conditions, 
overcrowding, unsanitary conditions, deficient infrastructure, and a 
lack of appropriate inmate separation and specialized medical 
attention. Prisoner rights and human rights groups continued to 
investigate alleged use of abuse or excessive force against detainees.

    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 uniformed Carabineros national 
police force, overseen by the Ministry of Defense, and the plainclothes 
PDI, overseen by the Ministry of the Interior. 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.--Only public officials expressly authorized 
by law can arrest or detain citizens. Authorities must immediately 
inform a prosecutor of an arrest and generally did so in practice.
    The prosecutor must open an investigation, receive a statement from 
the detainee, and ensure that the detainee is held at a local police 
station until the detention control hearing. Detention control hearings 
are held twice daily, allowing for a judicial determination of the 
legality of the detention within 24 hours of arrest. Detainees must be 
informed of their rights, including the right to an attorney and the 
right to remain silent until an attorney is present. Public defenders 
are provided to detainees in the event that they do not select a lawyer 
of choice. Authorities must expedite notification of the detention to 
family members. If authorities do not inform the detainees of their 
rights upon detention, the process can be declared unlawful by the 
judge during the detention control hearing.
    The law allows judges to set bail, grant provisional liberty, or 
order continued detention as necessary to the investigation or for the 
protection of the prisoner or the public.
    The law affords detainees 30 minutes of immediate and subsequent 
daily access to a lawyer (in the presence of a prison guard) and to a 
doctor to verify their physical condition. Regular visits by family 
members are allowed.

    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. National 
and regional prosecutors investigate crimes, formulate charges, and 
prosecute cases. Three-judge panels form the court of first instance; 
the process is oral and adversarial, trials are public, and judges rule 
on guilt and dictate sentences. Court records, rulings, and findings 
were generally accessible to the public.
    The law provides for the right to legal counsel, and public 
defender's offices in all 15 regions and the Santiago Metropolitan 
Region provide professional legal counsel to anyone seeking such 
assistance. When requested by other human rights organizations or 
family members, the NGO Corporation for the Promotion and Defense of 
the Rights of the People and other lawyers working pro bono assisted 
detainees during interrogation and trial. Defendants enjoy a 
presumption of innocence and have a right of appeal.
    For crimes committed prior to the implementation of the 2005 
judicial reforms, criminal proceedings are inquisitorial rather than 
adversarial. The statute of limitations to press charges is 10 years. 
At year's end authorities closed four of the six remaining 
inquisitorial criminal courts in the Santiago Metropolitan Region, and 
all prereform cases faced extensive waits for trial.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees, although a number of inmates 
convicted of terrorist acts following the return to democracy in 1990 
claimed to be political prisoners.

    Civil Judicial Procedures and Remedies.--While there is an 
independent and impartial judiciary in civil matters, which permits 
access for lawsuits regarding human rights violations, modernization of 
the judiciary has not affected the civil justice system, which was 
characterized by antiquated and inefficient procedures. The average 
civil trial lasted approximately five years, and civil suits could 
continue for decades.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice, subject to significant legal 
restrictions.
    Human rights groups and press associations criticized the existence 
and application of laws that prohibit insulting state institutions, 
including the presidency, the legislature, and judicial bodies, and 
those that allow government officials to bring charges against 
journalists who insult or criticize them. Military courts may charge 
and try civilians for defamation of military personnel and for 
sedition, but their rulings can be appealed to the Supreme Court.
    Two major media groups, which were largely independent of the 
Government, controlled most of the print media. The Government was the 
majority owner of La Nacion newspaper but did not directly control its 
editorial content. International print media operated freely.
    The broadcast media generally were independent of direct government 
influence. The Television Nacional network was state owned but not 
under direct government control. It was self-financed through 
commercial advertising, editorially independent, and governed by a 
board of directors appointed by the president and approved by the 
Senate.
    The government-funded National Television Council (CNT) is 
responsible for ensuring that television programming respects ``the 
moral and cultural values of the nation.'' The CNT's principal role is 
to regulate violence and sexual explicitness in both broadcast and 
cable television programming. Films and other programs judged by the 
CNT to be excessively violent, have obscene language, or depict 
sexually explicit scenes may be shown only after 10:00 p.m., when 
``family viewing hours'' end. The CNT occasionally levied fines.
    On May 7, authorities arrested documentary filmmaker Elena Varela 
Lopez, charged her with ``illegal association with intent to commit an 
offense,'' and confiscated her equipment and research documents 
regarding the conflict between lumber companies and the Mapuche 
indigenous people. She was released from custody on August 13 but 
placed under house arrest at night; at year's end she remained charged 
with crimes dating from bank raids in 2004-05.
    On September 26, the State Defense Council agreed to pay 30 million 
pesos (approximately $55,000) to journalist Alejandra Matus for 
censoring her book, El Libro Negro de la Justicia Chilena. The book 
criticized the country's justice system for actions during the Pinochet 
era. The decision complied with an IACHR recommendation that determined 
the censorship had violated the author's rights.

    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. While the 
PDI maintained a cybercrime unit that monitored Web sites for financial 
crimes and child pornography, there were no reports that the Government 
monitored e-mail or Internet chat rooms for other purposes. The 
International Telecommunication Union reported that there were 31 
Internet users per 100 inhabitants 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.--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.
    On October 7, the Government approved October 31 as a national 
holiday recognizing evangelical churches.

    Societal Abuses and Discrimination.--There were reports of anti-
Semitic incidents, including spray-painted graffiti and swastikas 
directed at Jewish individuals and institutions in Concepcion. 
Government investigations identified two suspects in these acts. There 
were approximately 15,000 members of the Jewish community.
    Neo-Nazi and skinhead groups engaged in gang-type criminal 
activities and violence against immigrants, homosexuals, punk rockers, 
and anarchists. While these groups shared the anti-Semitic rhetoric of 
neo-Nazi groups, there were no reports of neo-Nazi attacks targeting 
the Jewish community. Police arrested persons involved in neo-Nazi 
attacks, and neo-Nazis have been dismissed from the armed forces and 
Carabineros.
    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 law prohibits forced exile, and it was not used.

    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. Between January and October, 248 residents 
were given recognized refugee status for a total in October of 1,385 
residents with that status. During the year the Government also 
provided temporary protection to three individuals who may 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 organizations in assisting 
refugees and asylum seekers.
    Between April and May, 30 families (116 refugees) of Palestinian 
origin were resettled from the Al-Tanf camp on the Syrian-Iraqi border 
into communities in the Santiago Metropolitan and Valparaiso regions, 
with implementation assistance and local integration facilitated by the 
Catholic Archdiocese of Santiago and the UNHCR. Refugees may be 
naturalized after five years of permanent residency if they demonstrate 
financial independence and have no criminal record.
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 January 2006 voters 
elected Michelle Bachelet of the center-left Concertacion coalition as 
president in a free and fair runoff election. In 2005 voters elected 20 
of the 38 senators and all members of the Chamber of Deputies in 
elections generally considered free and fair. Political parties can 
operate without restriction or outside interference.
    There were 16 women in the 120-seat Chamber of Deputies, two women 
in the Senate, and nine women in the 22-member cabinet. After President 
Michelle Bachelet instituted her policy of ``gender parity,'' women 
filled nearly 50 percent of governmental appointments. However, women 
continued to be underrepresented among elected officials, constituting 
only 12.5 percent of mayors, for instance.
    Indigenous people have the legal right to participate freely in the 
political process, but relatively few were active. No member of the 
legislature was known to be of indigenous descent.

    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 September 18, member of the Chamber of Deputies Amelia Herrera 
was convicted of extorting companies when she was mayor of Quilpue to 
obtain funds for her congressional campaign. A judge commuted her 61-
day sentence and imposed a three-year prohibition against serving in 
public positions.
    On October 28, the former manager of administration of the State 
Railroad Company, Claudio Carreno, was convicted of repeated acts of 
fraud and two counts of bribery in 2005-06, acts that generated a loss 
of 371 million pesos (approximately $713,000) in public funds. A judge 
sentenced him to five years in prison and a fine of 31.7 million pesos 
($61,000) but allowed him to serve his sentence on parole because he 
cooperated with the investigation.
    Investigations continued into Chiledeportes, which promotes amateur 
and professional sports. On May 23, the former Valparaiso Chiledeportes 
director was convicted of fiscal fraud and sentenced to prison but 
released on parole. Investigation of the indicted former Santiago 
Metropolitan Region Chiledeportes director continued at year's end. On 
October 6, five persons were convicted in the related Publicam case, in 
which Publicam sold false invoices to companies seeking to evade taxes. 
Some of these invoices were discovered during the Chiledeportes 
investigation.
    The law makes public officials subject to financial disclosure and 
assigns responsibility to the comptroller for conducting audits of 
government agencies and to the Public Ministry for initiating criminal 
investigations of official corruption.
    The constitution requires the Government and its agencies to make 
all unclassified information about their activities available to the 
public. All ministries and most public agencies had Web sites.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups and 
international governmental organizations generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials often were cooperative and 
responsive to their views.
    On November 12, the Chamber of Deputies rejected a bill to create 
the People's Defense Office (ombudsman). This constitutional reform 
measure, originally introduced in 2003, received a majority of votes 
but not the required three-fifths of deputies.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, age, 
nationality, national origin, disability, or social status, and the 
Government enforced this prohibition; however, such discrimination 
continued to occur.

    Women.--Rape, including spousal rape, is a criminal offense. 
Penalties for rape range from five to 15 years' imprisonment, and the 
Government generally enforced the law. Statutory rape applies to 
victims 14 years of age and under. The law protects the privacy and 
safety of the victim making the charge. During the year the Public 
Ministry investigated 2,946 cases of rape, compared with 2,782 cases in 
2007, and the courts handed down 303 convictions for rape. Experts 
believed that most rape cases went unreported.
    The Ministry of Justice and the PDI had several offices 
specifically to provide counseling and assistance in rape cases. A 
number of NGOs, such as La Morada Corporation for Women, provided 
counseling for rape victims.
    Domestic violence against women remained a serious problem. From 
January to September, the Public Ministry initiated investigations into 
53,380 cases of family violence, compared with 46,354 cases for all of 
2007. During the year 59 women were killed as a result of domestic or 
sexual violence, compared with 61 in 2007.
    Government actions to confront the problem included a national 
domestic violence awareness campaign beginning in October; operation of 
58 assistance centers and 25 shelters for women; and partnerships with 
NGOs to provide training on the legal, medical, and psychological 
aspects of domestic violence for police officers and judicial and 
municipal authorities. In April the women's rights NGO DOMUS and 
private sponsors published a manual for the prevention of domestic 
violence. In November a national campaign, sponsored by the UN 
Development Fund for Women and private entities, began providing 
information on resources available to domestic violence victims.
    Although adult prostitution is legal, bordellos are not. Several 
hundred women registered as prostitutes with the National Health 
Service. Police often detained prostitutes (usually as a result of 
complaints by neighborhood residents) on charges of ``offenses against 
morality,'' which could lead to a fine of 50,000 pesos (approximately 
$95) or five days in prison. Procurement or pandering is illegal and 
punishable under law.
    Sexual harassment generally was recognized as a problem. The law 
provides protection and financial compensation to victims of sexual 
harassment and penalizes harassment by employers or coworkers. The 
Labor Directorate received 344 complaints of sexual harassment in 2007, 
of which 27 percent involved harassment by an employer.
    On March 11, the Government and Marcela Valdes signed an agreement 
to end the 1999 IACHR case she filed after she was fired from the 
Carabineros. Her firing occurred after she reported domestic abuse by 
her husband, who also worked for the Carabineros; however, authorities 
punished but did not dismiss him. Under the agreement the Government 
acknowledged violating her rights, paid her $50,000, committed to 
revise domestic violence policies in the Carabineros, and promised to 
strengthen efforts to prevent violence against women in the 
organization.
    Women enjoy most of the same legal rights as men, including rights 
under family law and property law. Despite the 1994 introduction of a 
``community property'' marital arrangement, in which each spouse 
maintains separate control of the assets brought into the marriage, the 
default and most common marital arrangement is ``conjugal society,'' 
which gives a husband the right to administer joint property, including 
his wife's property. Under a 2007 agreement with the IACHR, the 
Government committed to modify the law to give women and men equal 
rights and responsibilities in marriage; implementing legislation 
remained pending at year's end.
    The commercial code provides that unless a woman is married under 
the separate estate regime, she may not enter into a commercial 
partnership agreement without permission from her husband.
    The quadrennial 2004 National Socio-Economic Survey estimated that 
the overall gender income gap remained at 33 percent, which widened to 
38 percent in managerial and professional positions. The labor code 
provides specific benefits for pregnant workers and recent mothers, 
including a prohibition against dismissal; employers may not ask women 
to take pregnancy tests prior to hiring them, although the NGO La 
Morada received reports that the practice continued in some companies. 
The National Women's Service is charged with protecting women's legal 
rights.

    Children.--The Government is committed to children's rights and 
welfare.
    Violence against children was a significant problem. The First 
National Survey of Victimization of Domestic Violence and Sex Crimes, 
conducted by the Government in 2006-08, found that 72 percent of 
children had suffered some form of violence including psychological 
abuse.
    The law prohibits sexual abuse of minors and suspends the statute 
of limitations in such cases. During the year the Public Ministry 
investigated 347 cases of commercial juvenile sexual exploitation, 
compared with 289 in 2007; and the National Children's Service (SENAME) 
assisted 1,216 victims of commercial juvenile sexual exploitation, 
compared with 1,062 in 2007. SENAME ran 14 programs specifically for 
victims of commercial sexual exploitation and 47 additional programs 
for children and youth in high-risk situations, including commercial 
sexual exploitation. SENAME, the Carabineros, and the PDI cooperated 
with schools and NGOs to identify children in abusive situations, 
provide counseling and other social services to abused children, and 
keep families intact.
    Child prostitution was a problem. Children engaged in prostitution 
for survival with and without third-party involvement.
    Child labor in the informal economy was a problem.

    Trafficking in Persons.--The law does not specifically prohibit all 
forms of trafficking in persons, and there were reports that persons 
were trafficked to, from, through, and within the country for the 
purposes of sexual and labor exploitation and involuntary domestic 
servitude.
    Most reported victims were women and minors trafficked internally 
for sexual exploitation. Victims were also trafficked from the country 
to Argentina, Peru, Bolivia, the United States, Europe, and Asia for 
sexual and labor exploitation. Anecdotal reports suggested that young 
women were the primary targets for trafficking abroad. Foreign victims 
were brought to the country for commercial sexual exploitation or 
involuntary domestic servitude or labor, particularly in agriculture, 
from Peru, Argentina, Colombia, Bolivia, Paraguay, and China, although 
it was difficult to distinguish some trafficking victims from economic 
migrants. The Chinese appeared to be transiting en route to Mexico, 
Brazil, and possibly the United States.
    Principal traffickers were small-scale criminals, although reports 
of trafficking by organized criminal rings increased. Traffickers 
reportedly used newspaper advertisements for models to lure girls and 
targeted economically disadvantaged families when looking for children. 
The majority of transnational trafficking victims reportedly held valid 
travel documents.
    The law criminalizes cross-border trafficking for sexual 
exploitation, with a minimum penalty of three years in prison and fines 
beginning at 430,000 pesos (approximately $825). Sanctions are 
increased to a maximum of 20 years in a number of circumstances, 
including cases in which the victim is a minor, violence or 
intimidation is used, deception or abuse of authority is involved, the 
victim is related to or under the tutelage of the perpetrator, or 
advantage is taken of a victim's circumstances or disability. The law 
criminalizes the promotion of child prostitution, corruption of minors, 
and solicitation of sexual services from a minor in exchange for money 
or other considerations. Trafficking victims may remain in the country 
during legal proceedings against their traffickers. Victims may also 
bring legal action against traffickers and seek restitution. The law 
does not criminalize transnational trafficking for the purpose of labor 
exploitation and lacks specific prohibitions against some forms of 
internal trafficking.
    An antitrafficking coordinator in the Ministry of the Interior 
worked with the PDI, the Ministry of Justice, other government 
agencies, and NGOs to coordinate antitrafficking efforts. During the 
year the Public Ministry opened 126 new cases, including 15 cases of 
cross-border trafficking, and convicted five persons of cross-border 
trafficking. Nine investigations of cross-border trafficking were 
active at year's end. Most trafficking-related cases dealt with 
commercial sexual exploitation of minors. The Government cooperated 
with Interpol on law enforcement activities.
    The Government made substantial efforts to assist trafficking 
victims. SENAME worked with local offices, international organizations, 
and NGOs to provide child victims counseling, psychological and health 
care, and educational opportunities. SENAME also worked to ensure that 
child victims would not return to abusive or high-risk situations.
    The Government also worked with Bolivian and Argentine authorities 
to coordinate the safe repatriation of foreign victims. The Government 
had no residence visa program for foreign trafficking victims.
    Government programs to prevent trafficking included a PDI public 
awareness campaign, with a cinema workshop at the PDI police academy; 
ongoing training of police and prosecutors in collaboration with the 
International Organization for Migration; and participation in the 
regional training of officials from immigrant services, the National 
Prosecutor's Office, and the PDI.
    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, but such persons 
suffered forms of de facto discrimination. In October the ``New Faces'' 
Foundation, an NGO that provides attention to impoverished adults with 
mental or psychological disabilities, reported an estimated 60,000 
persons suffered from moderate or severe mental disability and nearly 
half received no mental health attention. Approximately 100,000 persons 
under the age of 27 with disabilities did not receive any special care 
or education.
    A majority of public buildings did not comply with legal 
accessibility mandates. An improved transportation system in Santiago 
provided additional, but still limited, accessibility for persons with 
disabilities. Public transportation outside of the capital remained 
problematic.
    The National Fund for Persons with Disabilities (FONADIS), under 
the jurisdiction of the Ministry of Planning, has responsibility for 
protecting the rights of persons with disabilities and for creating 
programs to promote their better integration into society. FONADIS 
supported a number of programs through its annual national projects 
contest.

    Indigenous People.--The law gives indigenous people (approximately 
5 percent of the total population) the right to participate in 
decisions affecting their lands, cultures, and traditions and provides 
for bilingual education in schools with indigenous populations. 
Approximately one-half of the self-identified indigenous population 
remained separated from the rest of society, largely due to historical, 
cultural, educational, and geographical factors. Both internal factors 
and governmental policies limited the participation of indigenous 
people in governmental decisions affecting their lands, cultures, 
traditions, and the allocation of natural resources. Indigenous people 
also experienced some societal discrimination and reported incidents in 
which they were attacked and harassed. According to the 2006 
Socioeconomic Characteristics Survey, the indigenous population's 
poverty rate dropped 10 percent since 2003, and the gap between 
indigenous and nonindigenous poverty narrowed more than 5 percent.
    The National Corporation for Indigenous Development (CONADI), which 
included directly elected indigenous representatives, advised and 
directed government programs to assist the economic development of 
indigenous people. According to CONADI, in 2007 approximately 40,000 
acres were transferred and registered as indigenous lands, benefiting 
approximately 1,000 Mapuche families. During the year the Ministry of 
Education and CONADI provided scholarships to nearly 44,000 indigenous 
elementary, high school, and college students, compared with 
approximately 42,000 in 2007. Indigenous groups noted, however, that 
the scholarships were actually small stipends to cover living expenses 
and did not cover tuition costs.
    There were isolated instances of violent confrontations between 
indigenous Mapuche groups and landowners, logging companies, and local 
government authorities in the southern part of the country. The actions 
normally took the form of protests. Instances of rock throwing, land 
occupations, and burning crops, buildings, or vehicles occurred 
occasionally. The Coordinadora Arauco Malleco (CAM), an indigenous 
group that has been accused of domestic terrorist acts, reportedly 
initiated many of these actions.
    There were reports of police abuse against Mapuche individuals and 
communities and harassment of NGOs associated with the promotion of 
indigenous rights. On January 3, police shot and killed 22-year-old 
Matias Catrileo while he and approximately 30 other Mapuche individuals 
occupied private land and destroyed crops in Vilcun. A military court 
indicted Corporal Walter Ramirez for the shooting, but he remained free 
and on active duty with the case pending at year's end.
    The Observatory of Indigenous People's Rights (OIPR) reported 
incidents of police searches of indigenous homes without a warrant, 
arrest and release of indigenous individuals without a detention 
control hearing, and police use of intimidation and discriminatory 
statements against indigenous individuals including minors. The OIPR 
also reported that individuals and organizations that defend indigenous 
rights were subject to threats.
    On November 3, a court absolved alleged CAM member Avelino Menaco 
of involvement in an October 2007 arson fire. The Prosecutor's Office 
filed an appeal that was pending at year's end. Also pending at year's 
end were investigations regarding the 2007 arrests of two other Mapuche 
CAM members under charges of arms possession or arson.

    Other Societal Abuses and Discrimination.--According to the Sixth 
Annual Report on the Human Rights of Sexual Minorities of the Movement 
for Homosexual Integration and Liberation (MOVILH), there were 57 cases 
of discrimination (including four killings) due to sexual orientation 
in 2007. MOVILH cited a decrease in reports of police brutality but an 
increase in labor discrimination against gays, lesbians, transvestites, 
and transgendered individuals.
    There were no confirmed cases of societal violence or 
discrimination based on persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to form and 
join unions without prior authorization, and approximately 13 percent 
of the total workforce (estimated at 7.2 million) was unionized in more 
than 20,000 registered unions. The law allows unions to conduct their 
activities without interference, and the Government protected this 
right in practice. Police and military personnel may not organize 
collectively.
    Public employees do not enjoy the right to strike, although a four-
day strike in November that included government teachers, municipal and 
health workers, and other government employees halted the work of 70 
percent of public-sector employees. The strike ended with the 
negotiation of a salary increase.
    While employees in the private sector have the right to strike, the 
Government regulated this right, and there were some restrictions. 
Employers must show cause and pay severance benefits if they dismiss 
striking workers. The law proscribes employees of 32 private sector 
companies, largely providers of services such as water and electricity, 
from striking. It stipulates compulsory arbitration to resolve disputes 
in these companies. Strikes by agricultural workers during the harvest 
season are prohibited.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law, but the right of entertainers and 
temporary agricultural, construction, and port workers to bargain 
collectively is limited. Intercompany unions were permitted to bargain 
collectively only if the individual employers agreed to negotiate under 
such terms. Collective bargaining in the agricultural sector remained 
dependent on employers agreeing to negotiate.
    A 2007 International Trade Union Confederation report identified 
continuing antiunion practices, such as barring of union leaders' 
access to companies, replacement of striking workers, and threatening 
dismissal to prevent formation of trade unions.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, such practices occurred, primarily 
for domestic servitude and forced prostitution. The labor code does not 
specifically prohibit forced or compulsory labor by children, and child 
prostitution remained a problem.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Despite laws restricting child labor, the employment of children was a 
problem in the informal economy and in agriculture.
    The law provides that children between the ages of 15 and 18 may 
work with the express permission of their parents or guardians, but 
they must attend school. They may perform only light work that does not 
require hard physical labor or constitute a threat to health and 
childhood development. When attending school children may not work more 
than 30 hours a week and in no case more than eight hours a day. Their 
work contracts must be registered by their employers at the local 
Ministry of Labor inspector's office.
    During the year there were 268 detected cases of children and 
adolescents involved in the worst forms of child labor. The majority of 
reported child and adolescent labor cases since 2003 involved boys, 
children over the age of 15, and children not enrolled in school. 
Examples included hazardous work in mines, commercial sexual 
exploitation, and illegal activities.
    Ministry of Labor inspectors enforced regulations, and while 
compliance was good in the formal economy, many children were employed 
in the informal economy. During the year the Ministry of Labor imposed 
some form of sanction in 111 cases involving violations of child labor 
laws, compared with 98 cases in 2007.
    The Government devoted considerable resources and oversight to 
child labor policies. SENAME, in coordination with labor inspectors, 
identified and assisted children in abusive or dangerous situations. 
SENAME also implemented public education programs to raise awareness 
and worked with the International Labor Organization to operate 
rehabilitation programs. The Ministry of Labor convened regular 
meetings of a business-labor-government group to monitor progress in 
eradicating child labor.

    e. Acceptable Conditions of Work.--The minimum wage is set by law 
and is subject to adjustment annually. A committee composed of 
government, employer, and labor representatives normally suggests a 
minimum wage based on projected inflation and increases in 
productivity. On July 1, the minimum wage increased 10.4 percent to 
159,000 pesos (approximately $305) a month. This wage was designed to 
serve as the starting wage for an unskilled single adult worker 
entering the labor force and did not provide a worker and family with a 
decent standard of living. The minimum wage for domestic servants was 
75 percent of that for other occupations. The minimum wage for workers 
over age 65 and under 18 was 118,690 pesos (approximately $230) a 
month. The Labor Directorate, under the Ministry of Labor, was 
responsible for enforcing minimum wage and other labor laws and 
regulations and did so effectively.
    The law sets the legal workweek at six days or 45 hours. The 
maximum workday length is 10 hours (including two hours of overtime 
pay), but positions such as caretakers and domestic servants are 
exempt. The law mandates at least one 24-hour rest period during the 
workweek, except for workers at high altitudes, who may exchange a 
work-free day each week for several consecutive work-free days every 
two weeks. The law establishes fines for employers who compel workers 
to work in excess of 10 hours a day or do not provide adequate rest 
days. The Government effectively enforced these standards.
    The law establishes occupational safety and health standards, which 
were administered by the ministries of health and labor and effectively 
enforced. Insurance mutual funds provide workers' compensation and 
occupational safety training for the private and public sectors. The 
law protects employment of workers who remove themselves from dangerous 
situations if labor inspectors from the Labor Directorate and 
occupational safety and health inspectors from the country's Safety 
Association determine conditions that endanger their health or safety 
exist. Authorities effectively enforced the standards and frequently 
imposed fines for workplace violations.

                               __________

                                COLOMBIA

    Colombia is a constitutional, multiparty democracy with a 
population of approximately 45 million. In May 2006 independent 
presidential candidate Alvaro Uribe was reelected in elections that 
were considered generally free and fair. The 44-year internal armed 
conflict continued between the Government and terrorist organizations, 
particularly the Revolutionary Armed Forces of Colombia (FARC) and the 
National Liberation Army (ELN). While civilian authorities generally 
maintained effective control of the security forces, there were 
instances in which elements of the security forces acted in violation 
of state policy.
    Although problems remained, the Government's respect for human 
rights continued to improve, which was particularly evidenced by 
progress in implementing the Justice and Peace Law (JPL). The following 
societal problems and governmental human rights abuses were reported 
during the year: unlawful and extrajudicial killings; forced 
disappearances; insubordinate military collaboration with new illegal 
groups and paramilitaries who refused to demobilize; torture and 
mistreatment of detainees; overcrowded and insecure prisons; arbitrary 
arrest; a high number of pretrial detainees, some of whom were held 
with convicted prisoners; impunity; an inefficient judiciary subject to 
intimidation; harassment and intimidation of journalists; unhygienic 
conditions at settlements for displaced persons, with limited access to 
health care, education, or employment; corruption; harassment of human 
rights groups; violence against women, including rape; child abuse and 
child prostitution; trafficking in women and children for the purpose 
of sexual exploitation; societal discrimination against women, 
indigenous persons, and minorities; and illegal child labor.
    The FARC and ELN committed the following human rights abuses: 
political killings; killings of off-duty members of the public security 
forces and local officials; kidnappings and forced disappearances; 
massive forced displacements; subornation and intimidation of judges, 
prosecutors, and witnesses; infringement on citizens' privacy rights; 
restrictions on freedom of movement; widespread recruitment of child 
soldiers; attacks against human rights activists; and harassment, 
intimidation, and killings of teachers and trade unionists.
    New illegal groups also committed numerous human rights abuses. The 
last United Self Defense Forces of Colombia (AUC) block demobilized in 
2006, but AUC members who refused to demobilize, AUC members who 
demobilized but later abandoned the peace process, and other new 
illegal groups remained targets of security force action. (The new 
illegal groups consisted of demobilized paramilitaries who returned to 
violence, individual paramilitaries who never demobilized, common 
criminals, and narcotics traffickers primarily involved in criminal 
activity. These new groups lacked the organization, reach, and military 
capacity of the former AUC and focused primarily on narcotics 
trafficking and extortion rather than fighting the FARC or ELN. In 
these circumstances, it was often difficult to determine responsibility 
for abuses committed.)
    The AUC demobilization led to a reduction in killings and other 
human rights abuses, but paramilitaries who refused to demobilize and 
new illegal groups continued to commit numerous unlawful acts and 
related abuses, including: political killings and kidnappings; physical 
violence; forced displacement; subornation and intimidation of judges, 
prosecutors, and witnesses; infringement on citizens' privacy rights; 
restrictions on freedom of movement; recruitment and use of child 
soldiers; and harassment, intimidation, and killings of human rights 
workers, journalists, teachers, and trade unionists.
    Government statistics indicated that during the year killings 
decreased 6.2 percent and kidnappings decreased 14.3 percent compared 
with the same period in 2007. Through December the JPL process helped 
clarify over 20,000 crimes and led to the exhumation of 1,788 remains 
in 1,441 common graves, while the Supreme Court and prosecutor 
general's investigations of links between politicians and paramilitary 
groups implicated 70 representatives, 15 governors, and 31 mayors, many 
of whom were in jail at year's end.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Political and 
unlawful killings remained an extremely serious problem, and there were 
periodic reports that members of the security forces committed 
extrajudicial killings during the internal armed conflict (See Section 
1.g.). There were credible reports of military officials paying illegal 
groups to forcibly recruit young men, transport them to another town, 
and turn them over to local brigades who then killed them and presented 
them as guerillas killed in combat.
    Guerrillas, notably the FARC and ELN, committed unlawful killings 
(See Section 1.g.).
    Paramilitary members who refused to demobilize and new illegal 
group members committed numerous political and unlawful killings, 
primarily in areas under dispute with guerrillas or without a strong 
government presence (See Section 1.g.).
    The Jesuit-founded Center for Popular Research and Education 
(CINEP), a local human rights nongovernmental organization (NGO), 
claimed there were at least 220 political and unlawful killings, 
committed by all actors, during the first six months of the year, 18 
more than reported in the same period in 2007. Some NGOs, such as 
CINEP, considered the new illegal groups to be a continuation of the 
paramilitary groups and attributed reports of human rights violations 
committed by these groups directly to the Government. They also 
included killings by these groups in their definition of ``unlawful 
killings.''
    The Ministry of Defense reported that 169 persons died in 37 
massacres (defined by the Government as killings of four or more 
persons), a 32 percent increase from 2007 (See Section 1.g.).
    Some members of government security forces, including enlisted 
personnel, noncommissioned officers, and senior officials, in violation 
of orders from the president and the military high command, 
collaborated with or tolerated the activities of new illegal groups or 
paramilitary members who refused to demobilize. Such collaboration 
often facilitated unlawful killings and may have involved direct 
participation in paramilitary atrocities.
    Some reports suggested that in certain regions, such as eastern 
Antioquia, Choco, Meta, and Narino departments, there were corrupt 
dealings between local military officers and new illegal groups or 
paramilitaries who refused to demobilize. Although impunity for these 
military personnel remained a problem, the Ministry of Defense carried 
out investigations and handed over culpable parties to civilian 
authorities in several high-profile cases during the year.
    In conformity with the law, military or civilian authorities 
investigated killings committed by security forces. Civilian courts 
tried a number of military personnel accused of human rights 
violations. Investigations of past killings proceeded, albeit slowly. 
There were significant convictions in high-profile cases against 
military personnel in large part due to testimony in the Justice and 
Peace process; these included convictions in the cases of killings of 
counternarcotics police by the military in Jamundi and the 2005 San 
Jose de Apartado massacre of eight persons.
    Both governmental and nongovernmental actors used landmines. 
Preliminary reports indicated that landmines, used primarily by the 
FARC and ELN, caused 147 deaths and 564 injuries during the year (see 
Section 1.g.). The Government completed clearing 12 landmine areas and 
continued efforts to demine 15 others.

    b. Disappearance.--Forced disappearances, many of them politically 
motivated, continued to occur. CINEP reported 27 victims of forced 
disappearance during the first six months of the year, compared with 31 
victims in the same period in 2007. According to the Presidential 
Program and the Disappeared Persons registry (SIRDEC), coordinated by 
the National Institute of Legal Medicine and Forensic Science, 133 
persons were reported as forcibly disappeared in the first nine months 
of the year. The Government allocated 658 million pesos (approximately 
$267,000) to develop and run the SIRDEC registry and to implement an 
interinstitutional national plan to combat forced disappearances. The 
plan has four components: an information system, search capacity, 
identification of remains, and assistance to victims' families.
    Although kidnapping, both for ransom and for political reasons, 
continued to diminish, it remained a serious problem. The Government's 
National Fund for the Defense of Personal Liberty (Fondolibertad) 
reported 197 kidnappings for extortion during the year, a decrease of 
14 percent from 2007.
    GAULA (Unified Action Groups for Personal Liberty, a military and 
police entity formed to combat kidnapping and extortion) and other 
elements of the security forces freed 222 hostages during the year; 
Fondolibertad reported that at least 14 kidnapping victims died in 
captivity during the year, compared with 22 during 2007.
    The FARC and ELN as well as the new illegal groups continued the 
practice of kidnapping. Guerrillas frequently killed kidnapping victims 
(See Section 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the law prohibits such practices, there were 
reports that the police, military, and prison guards sometimes 
mistreated and tortured detainees. Members of the military and police 
accused of torture were tried in civilian rather than military courts. 
CINEP asserted that, during the first six months of the year, 
government security forces were involved in 74 incidents of torture, a 
46 percent increase compared with the first six months of 2007. CINEP 
also reported that, during the first six months of the year, there were 
66 victims of torture by the armed forces.
    CINEP reported that:
    On February 15, in the municipality of Armenia, Quindio, units of 
the National Police tortured two suspected consumers of psychoactive 
substances and executed Geovanny Londono Castrillon.
    On March 15, in the municipality of Puerto Asis, Putumayo, troops 
assigned to the Battalion Domingo Rico stopped and tortured Manuel 
Antonio Jimenez, affiliated with the local branch of one of the 
country's largest agricultural unions.
    On April 3, in the municipality of Montanita, Caqueta, troops 
assigned to the army's 12th Brigade and the Sixth Mobile Brigade 
tortured Brayan Esteban Carvajal. There were no known developments in 
either case at year's end.
    CINEP reported that demobilized paramilitaries were responsible for 
at least 19 cases of torture as of June.

    Prison and Detention Center Conditions.--With the exception of new 
facilities, prison conditions were poor, particularly for prisoners 
without significant outside support. The National Prison Institute 
(INPEC) runs the country's 139 national prisons and is responsible for 
inspecting municipal jails.
    Overcrowding, lack of security, corruption, and an insufficient 
budget remained serious problems in the prison system. As of year's 
end, more than 69,000 prisoners were held in facilities designed to 
hold fewer than 50,000; overcrowding rates exceeded 27 percent in 139 
installations. Many of INPEC's 13,000 prison guards and administrative 
staff were poorly trained. The NGO Committee in Solidarity with 
Political Prisoners noted that improved training, increased 
supervision, and more accountability for prison guards has helped, but 
expressed fear that greater privatization of the prisons system may 
lead to further corruption.
    Constrained budgets adversely affected prison conditions. INPEC 
spent 4,941 pesos ($2.00) per day on each inmate for food. Private 
sources continued to supplement food rations of many prisoners.
    INPEC reported that during the year there were 40 violent deaths 
among inmates related to fighting and riots. From January to September 
30, there were 14 riots at various penal institutions. The Prosecutor 
General's Office continued to investigate allegations that some prison 
guards routinely used excessive force and treated inmates brutally. 
According to the Superior Judicial Council (CSJ), there were four 
judgments for excessive force made against prison guards during the 
year.
    Pretrial detainees were held with convicted prisoners. Minors were 
not held with adults; however, minor children of female prisoners were 
able to stay with their mothers in some cases.
    The Government permitted independent monitoring of prison 
conditions by local and international human rights groups, and such 
monitoring occurred during the year. The FARC and ELN continued to deny 
the International Committee of the Red Cross (ICRC) access to police 
and military hostages.

    d. Arbitrary Arrest or Detention.--Although the law prohibits 
arbitrary arrest and detention, there were some allegations that 
authorities detained citizens arbitrarily.

    Role of the Police and Security Apparatus.--The National Police are 
responsible for internal law enforcement and are under the jurisdiction 
of the Ministry of Defense. Law enforcement duties are shared with the 
Department of Administrative Security and the Prosecutor General's 
Corps of Technical Investigators. The army also shared limited 
responsibility for law enforcement and maintenance of order within the 
country. For example, military units sometimes provided logistical 
support and security for criminal investigators to collect evidence in 
high-conflict or hard-to-reach areas. During the year the Human Rights 
Unit of the Prosecutor General's Office issued preventive detention 
orders for at least 225 members of the armed forces for human rights 
violations or extrajudicial killings. However, claims of impunity 
continued to be widespread, due in some cases to obstruction of 
justice, a lack of resources for investigations and protection for 
witnesses and investigators, and inadequate coordination among 
government entities. During the year the Ministry of Defense relieved 
from duty 80 officers and 213 noncommissioned officers and soldiers of 
the armed forces for inefficiency, unethical conduct, corruption, and 
suspected involvement in human rights violations.

    Arrest and Detention.--Police apprehended suspects with warrants 
issued by prosecutors based on probable cause. However, a warrant is 
not required to arrest criminals caught in the act or fleeing the scene 
of a crime. Members of the armed forces detained members of illegal 
armed groups captured in combat but were not authorized to execute 
arrest warrants; however, members of the Technical Investigative Unit 
from the Prosecutor General's Office, who accompanied military units, 
could issue such warrants.
    After a four-year transition, a new criminal procedure code, 
employing an accusatorial system, took effect nationwide in all 
departments on January 1. Under this new code, persons detained must be 
brought before a judge within 36 hours to determine the validity of the 
detention. Formal charges must then be brought within 30 days, and a 
trial must start within 90 days of the initial detention. Crimes 
committed before implementation of the new code must be tried under the 
previous system.
    The previous system required law enforcement authorities to inform 
suspects promptly of the reasons for an arrest and bring suspects 
before a senior prosecutor within 36 hours of detention. Prosecutors 
had to rule on the legality of detentions within 72 hours. Under both 
the new and previous systems, in most felony cases, detention prior to 
the filing of formal charges cannot exceed 180 days, after which a 
suspect must be released. Under the old system, in cases of crimes 
deemed particularly serious, such as homicide, terrorism, or rebellion, 
authorities were allowed up to 360 days to file formal charges before a 
suspect must be released. Habeas corpus is available to address cases 
of alleged arbitrary detention.
    Bail is not available for lesser offenses or serious crimes such as 
murder, rebellion, or narcotics trafficking. Detainees have the right 
to prompt access to counsel of their choice, and nearly 1,600 public 
defenders from the Office of the Human Rights Ombudsman assisted 
indigent defendants.
    Prominent human rights NGOs complained that the Government 
arbitrarily detained hundreds of persons, particularly social leaders, 
labor activists, and human rights defenders. CINEP reported that 
security forces arbitrarily detained 224 persons during the first six 
months of the year, compared with 187 in the same period of 2007. Many 
of these detentions took place in high-conflict areas (notably in the 
departments of Arauca, Cesar, Meta, and Putumayo), where the military 
was involved in active hostilities against insurgents. For example, 
CINEP reported the following:
    On March 27, in Miranda, Cauca, troops assigned to the 57th Anti-
guerrilla Battalion stopped and detained farmers Jose Libardo 
(president of a local rural organization), Jose William Prado, Duvan 
Casamachin, and Raul Grisales Dagua.
    On April 11, in Cartagena de Chaira, Caqueta, troops assigned to 
the 22nd Mobile Brigade and members of the public prosecutor's 251st 
Specialized Anti-terrorism Unit, stopped and detained 24 persons in 
Caguan, Monserrate, and Puerto Camellias in Caqueta Department.
    The Government and prominent local NGOs frequently disagreed on 
what constituted ``arbitrary detention.'' While the Government 
characterized detentions based on compliance with legal formalities, 
NGOs applied other criteria in defining ``arbitrary detention,'' such 
as arrests based on tips from informants about persons linked to 
guerrilla activities, detentions by members of the security forces 
without a judicial order, detentions based on administrative authority, 
detentions during military operations, large-scale detentions, and 
detentions of persons while they were ``exercising their fundamental 
rights.''
    According to INPEC, unlike in previous years, there were no 
pretrial detainees or convicted prisoners held in police jails, due to 
restrictions under the new accusatory system. Failure on the part of 
many local military commanders and jail supervisors to keep mandatory 
detention records or follow notification procedures made accounting for 
all detainees difficult. Trial delays were caused by large numbers of 
detainees, financial constraints, and staff shortages.

    e. Denial of Fair Public Trial.--While the law provides for an 
independent judiciary, much of the judicial system was overburdened, 
inefficient, and hindered by subornation and intimidation of judges, 
prosecutors, and witnesses. In these circumstances, impunity remained a 
serious problem, although the Government took action to address these 
issues. The CSJ reported that the civilian judicial system suffered 
from a significant backlog of cases, which led to large numbers of 
pretrial detainees. Implementation of the new criminal accusatory 
system reduced the time for resolving new criminal cases by over 75 
percent, with conviction rates of approximately 60 percent under the 
new system, compared with 3 percent under the old system. However, a 
large backlog of old-system cases remained.
    Judicial authorities were subjected to threats and acts of 
violence. According to the National Association of Judicial Branch 
Employees and the Corporate Fund of Solidarity with Colombian Judges, 
91 judicial employees solicited varying forms of protection from the 
Office of Protection in the Prosecutor General's Office for reasons 
including threats during the year. Although the Prosecutor General's 
Office ran a witness protection program for witnesses in criminal 
cases, witnesses who did not enter the program remained vulnerable to 
intimidation, and many refused to testify.
    The civilian justice system is composed of four functional 
jurisdictions: ordinary, administrative, constitutional, and special. 
The ordinary jurisdiction is the largest and handles all criminal, 
civil, labor, agrarian, and domestic cases involving nonmilitary 
personnel. The Supreme Court is the highest court within the civil 
jurisdiction and serves as its final court of appeal.
    The Constitutional Court is the sole judicial authority on the 
constitutionality of laws, presidential decrees, and constitutional 
reforms. The court also may issue advisory opinions on the 
constitutionality of bills not yet signed into law and acts within its 
discretion to review the decisions of lower courts on ``tutelas,'' or 
writs of protection of fundamental rights, which can be filed before 
any judge of any court at any stage of the judicial process, by any 
citizen.
    The special jurisdiction of the civilian justice system consists of 
the justices of the peace program and the indigenous jurisdiction. The 
CSJ is responsible for the administration and discipline of the 
civilian justice system.
    The Supreme Court, the Council of State, the Constitutional Court, 
and the CSJ are co-equal supreme judicial bodies that sometimes issued 
conflicting rulings and frequently disagreed about jurisdictional 
responsibilities.
    The military justice system consists of 44 military courts and the 
Supreme Military Tribunal, which serves as the court of appeals for all 
cases tried in military courts. The Supreme Court serves as a second 
court of appeal for cases with prison sentences of six or more years.
    The military justice system may investigate and prosecute active 
duty military and police personnel for crimes ``related to acts of 
military service.'' The military penal code specifically defines 
torture, genocide, massacre, and forced disappearance as crimes 
unrelated to military service. All human rights violations are 
considered unrelated to military service and are handled by the 
civilian justice system. The military penal code specifically excludes 
civilians from military jurisdiction, and civilian courts must try 
retired military and police personnel, although military courts are 
responsible for service-related acts committed prior to their 
retirement. The military penal code denies commanders the power to 
impose military justice discipline on their subordinates and extends 
legal protection to service members who refuse to obey orders to commit 
human rights abuses.
    The Prosecutor General's Office is responsible for investigations 
and prosecutions of criminal offenses. Its Human Rights Unit, which 
included 13 satellite offices, specialized in investigating human 
rights crimes. As of December the unit's 101 specialized prosecutors 
were handling a total of 4,510 cases.
    The Inspector General's Office investigates allegations of 
misconduct by public employees, including members of the state security 
forces. The Inspector General's Office referred all cases of human 
rights violations it received to the Prosecutor General's Human Rights 
Unit.
    Through September the Office of the Inspector General opened 
disciplinary processes against 1,173 members of the armed forces for 
human rights offenses, all of which were referred to the prosecutor 
general for criminal investigation. In addition the Prosecutor 
General's Office brought charges against 357 members of the armed 
forces; complete information was unavailable on those convicted during 
the year.

    Trial Procedures.--During the year the country completed its 
transition to the oral accusatorial-style criminal procedure code, 
which replaced the written inquisitorial system in which a person was 
detained pending an investigation that involved the formal acceptance 
of evidence without an actual trial.
    Under the new code the prosecutor presents an accusation and 
evidence before an impartial judge at an oral, public trial. The 
defendant is presumed innocent and has the right to confront the 
evidence against him at trial and to present his own evidence. No 
juries are involved.
    In the military justice system, military judges preside over 
courts-martial without juries. Counsel may represent the accused and 
call witnesses, but the majority of fact-finding takes place during the 
investigative stage. Military trial judges issue rulings within eight 
days of a court-martial hearing. Representatives of the civilian 
Inspector General's Office are required to be present at courts-
martial.
    Criminal procedure within the military justice system includes 
elements of the inquisitorial and accusatorial systems. Defendants are 
considered innocent until proven guilty and have the right to timely 
consultation with counsel. A Constitutional Court ruling forbids 
military attorneys from undertaking defense counsel duties. Defendants 
must retain counsel at their own expense or rely on defenders paid by a 
special military officers' fund.
    Military justice system reforms begun in 2005 continued through the 
year; the reforms aimed to establish a forensic investigative corps and 
a military defense corps. The Ministry of Defense continued to examine 
how to finance a transition to the oral accusatory system used by the 
civilian judiciary. While reform has been slow, the military justice 
system has greatly increased its cooperation with civilian justice 
counterparts and has worked to expedite the transfer of over 600 human 
rights cases from military justice to civilian systems.
    Civilian courts convicted military members for past human rights 
violations, for instance:
    On April 2, the Second Penal Circuit Court of Antioquia sentenced 
five soldiers to 34 years in prison for the homicide and torture of 
Juan de Jesus Rendon Alzate in 2004.
    On April 21, a court sentenced army Lieutenant Carlos Andres Lora 
Cabrales and Third Corporal Cesar Augusto Mosquera Guerrero to 30 
years' imprisonment for the murder of indigenous Kankuamo tribal member 
Juan Enemias Daza Carillo in 2004. Seven other soldiers convicted for 
involvement in the crime received varying sentences.
    On May 7, in the case of the murder of 10 policemen and a civilian 
in Jamundi, the Fourth Circuit Penal Judge in Cali sentenced Colonel 
Bayron Carvajal to 54 years in prison, Lieutenant Harrison Eladio 
Castro to 52 years, and 13 other soldiers under their command to 50 
years each.
    On August 29, a court sentenced retired soldiers Roberto Camacho 
Riano, Jorge Alberto Navarro Devia, and Evert Ospina Martinez to 18 
years' imprisonment for the murder of Paez indigenous member German 
Zapata Escue, killed more than 20 years ago on the Jambalo Reservation 
in Cauca.
    On September 5, the Specialized Circuit Penal Judge of Manizales 
sentenced a noncommissioned army officer, a paramilitary member, and a 
former mayoral candidate in Riosucio, Caldas, to 40 years' imprisonment 
for the murder of four indigenous leaders, including Fabio Hernan 
Tapasco, in a 2003 case under investigation by the Inter-American Court 
on Human Rights.
    In December the Government began a publicly televised system of 
reporting complaints against military members, hosted by the 
Presidency, with participation by the Prosecutor General's Office, the 
Inspector General's Office, and the human rights ombudsman.

    Political Prisoners.--The Government stated that it did not hold 
political prisoners. Some human rights advocacy groups characterized as 
political detainees some detainees held on charges of rebellion or 
terrorism in what the groups claimed were harassment tactics by the 
Government against human rights advocates. During the year there were 
3,336 prisoners accused of rebellion or aiding and abetting insurgence, 
2,263 of whom were accused of supporting the FARC. The Government 
provided the ICRC access to these prisoners.

    Civil Judicial Procedures and Remedies.--Citizens can sue a state 
agent or body in the Administrative Court of Litigation for damages for 
a human rights violation. Although critics complained of delays in the 
process, the court generally was considered impartial and effective.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; while the Government 
generally respected these prohibitions in practice, there were 
exceptions. The law requires government authorities to obtain a warrant 
signed by a senior prosecutor to enter a private home without the 
owner's consent unless the suspect has been caught in hot pursuit, and 
government authorities generally adhered to these regulations.
    Government authorities generally need a judicial order to intercept 
mail or monitor telephone conversations, even in prisons. However, 
government intelligence agencies investigating terrorist organizations 
sometimes monitored telephone conversations without judicial 
authorization, although evidence obtained in such a manner could not be 
used in court.
    The Government continued to use a network of voluntary civilian 
informants to report terrorist activities and identify terrorists. Some 
national and international human rights groups criticized the network 
as subject to abuse and a threat to privacy and other civil liberties.
    New illegal groups, paramilitaries who refused to demobilize, and 
FARC and ELN guerrillas routinely interfered with the right to privacy. 
These groups forcibly entered private homes, monitored private 
communications, engaged in forced displacement and conscription, and 
abused family members. The standing orders of the FARC, which had large 
numbers of female combatants, prohibited pregnancies among its troops, 
and there were credible reports of forced abortions to enforce the 
order.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The country's 44-year-long internal armed conflict, involving 
government forces, two terrorist groups (FARC and ELN), and new illegal 
groups, continued. The conflict and narcotics trafficking, which both 
fueled and prospered from the conflict, were the central causes of 
multiple violations of human rights.
    After the last AUC block demobilized in 2006, the Government 
confronted militarily any groups that did not demobilize as well as new 
illegal groups. There were no further paramilitary demobilizations 
beyond approximately 34,000 that collectively demobilized after the 
process began in 2003. The Organization of American States (OAS) 
continued to verify all stages of demobilization and reincorporation of 
former combatants into society. The OAS estimated that there were 
approximately 23 new illegal groups operating in the country.

    Killings.--Security forces were allegedly responsible for unlawful 
killings. CINEP reported that there were 76 such killings during the 
first six months of the year, compared with 128 in the same period of 
2007. The Prosecutor General's Office reported 788 active 
investigations of extrajudicial killings that occurred between January 
2001 and September 30, 2008. Five of these investigations concluded 
during the year, resulting in 23 convictions. The majority of the 
killings under investigation occurred in the departments of Antioquia 
(65), Meta (66), and Narino (22). A large number of the reported cases 
allegedly involved the army and included investigations of four 
colonels, seven majors, and 32 captains. The investigations concerned 
1,183 victims (1,092 males and 91 females), 52 of whom were minors. 
Statistics on the annual number of cases varied among NGOs, 
international organizations (such as the UN or OAS), and the Government 
in part because of differences in reporting formats, such as in 
categorizing cases by victims, incidents, or complaints.
    A July 2007 Ministry of Defense directive focusing on extrajudicial 
killings created a senior-level committee, which continued to review 
cases with the UN High Commissioner for Human Rights (UNHCHR) and 
permitted the UNHCHR to visit all seven army divisions to review cases 
with the commanders of the units. Through its efforts, over 600 human 
rights cases were transferred during the year from the military to the 
civilian justice system. The committee's work also led to orders in 
2007 instructing military commanders to emphasize demobilization over 
captures and capture over kills, to ensure the development and 
implementation of revised rules of engagement for military personnel, 
and to provide logistical assistance and support for civilian 
investigators.
    Reports of extrajudicial killings during the year included:
    On September 23, the Medical Examiner's Office reported it had 
identified 19 cadavers in Ocana, Norte de Santander, and Cimitarra, 
Santander. Investigations found that the bodies were reported as 
enemies killed in combat but later discovered to be extrajudicial 
killings; they matched the reports of missing persons from Soacha, 
Cundinamarca. In response to these killings, the Ministry of Defense 
dismissed 27 officers, including three generals (two of them division 
commanders) for command negligence. The ministry also dismissed nearly 
50 officers for command negligence or omission in an attempt to 
implement recent directives on command responsibility.
    Between June and September, the Prosecutor General's Office 
identified the remains of 11 youths in Toluviejo, Sucre, whom the army 
allegedly reported as killed in combat.
    According to CINEP, extrajudicial killings attributed to the 
Government were a combination of false reports of guerrillas killed in 
combat and ``social cleansing'' (including vagrants, homosexuals, and 
other ``undesirables''). Examples of extrajudicial executions by 
security forces reported by CINEP and the UNHCHR included:
    On January 20, troops of the 13th Mobile Brigade allegedly executed 
Hugo Armando Torres and Heynar Alexander Guerrero in Nueva Union in 
Teteye de Puerto Asis, Putumayo, presenting them as aliases ``Turbino'' 
and ``Celeno", guerrillas killed in combat, which community members 
denied.
    On February 8, troops of the Operations Command Five of the Ninth 
Brigade allegedly executed Saul Dimas Pastrana, Eder Olmost Escobar, 
Yamith Castano Duenas, and Carlos Olmes Sanchez in Bajo Piravante de 
Campoalegre, Huila, presenting them as guerrillas killed in combat from 
the Teofilo Forero mobile column of the FARC, which their relatives 
denied.
    On March 28, troops of Operations Command Three of the 93rd Anti-
guerrilla Battalion of the Eighth Brigade in Aguabonita de Manzanares, 
Caldas, allegedly executed Juan Esteban Lopez Ramirez, Julian Alberto 
Jimenez, Oscar Alexander Ramirez Otalvaro, and Cesar Augusto Cardona, 
four youths who were camping in Manzanares, presenting them as members 
of a delinquent group in the service of the drug traffickers. Five 
others with them reportedly escaped.
    There were developments in some continuing cases and little change 
in others. Cases involving killings in 2006 included:
    On January 21, authorities placed into preventive detention four 
soldiers from the Fourth Engineering Battalion, ``General Pedro Nel 
Ospina,'' on charges of homicide for the death of Diego Silver Garcia 
Suaza in Santa Barbara (Antioquia).
    On February 12, the Prosecutor General's Office filed charges 
against Captain Hector Martin Pita Vasquez for his role in the 2002 
Ville de Rosario massacre in Carmen de Bolivar.
    On June 18, the Prosecutor General's Human Rights Unit filed 
charges against retired sergeant Luis Eduardo Mahecha Hernandez for his 
participation in the murder of Jose Orlando Giraldo Becerra in 
Golondrinas, Tolima.
    In July the Inspector General's Office charged two sergeants major 
and five soldiers for their involvement in the killing of Edilberto 
Vasquez Cardona. Disciplinary investigations continued at year's end.
    Actions in killings that took place before 2006 included:
    In the 2005 case of eight civilians killed in San Jose de Apartado, 
Antioquia: On June 17, Lieutenant Colonel Orlando Espinosa Beltran and 
Major Jose Fernando Castano Lopez were arrested. On June 20, Albeiro 
Manuel Gomez Martinez, a former paramilitary, was also linked to the 
massacre and detained. Captain Guillermo Armando Gordillo Sanchez, 
detained in November 2007 on charges of homicide in the case, pled 
guilty to his participation and cooperated with prosecutors to identify 
others involved. On September 23, former paramilitary Uber Dario Yanes 
was arrested in connection with the massacre.
    The second specialized judge in Buga sentenced four of nine 
paramilitaries to 40 years in prison in the 2005 killing of 12 minors 
in Buenaventura, Valle de Cauca.
    Trial proceedings continued at year's end against four ex-
paramilitaries, including Victor Manuel Mejia Munera, for their role in 
the 2004 massacre of 11 peasant farmers in Tame, Arauca.
    On May 9, the Prosecutor General's Office issued preventive 
detention measures against Captain Juan Carlos Rodriguez Agudelo, 
Corporal Francisco Blanco Esteban, and Albeiro Perez Duque on charges 
of aggravated homicide, aggravated forced disappearance, and aggravated 
torture for involvement with paramilitary forces in the killings of 
Jhon Jairo Iglesias Salazar, Araceli Londono Varona, Ananias Mojica, 
and Jesus Antonio Cespedes Salgado (alias Jose Cespedes) in 2003 in 
Cajamarca, Tolima. On August 15, the Prosecutor General's Office issued 
arrest warrants for three more soldiers. On September 9, authorities 
charged Rodrigo Molina and Julio Gomez Naranjo in the murders. Jair 
Nunez Reina, convicted earlier in the case, filed an appeal Trials for 
all defendants continued at year's end.
    On September 2, judicial police units of the Prosecutor General's 
Office in Valledupar, Cesar, arrested Lieutenant Colonel Jaime Artuto 
Remolina Fontalvo, commander of the 10th Brigade's Energy and 
Infrastructure Protection Battalion Three, for the murder of Luis 
Alfonso Hernandez Moreno, who disappeared in 1998.
    On April 18, the Prosecutor General's Office indicted nine 
additional suspects, including five members of the armed forces, for 
their role in the 2000 killing of 40 persons in Cienaga, Magdalena; the 
case continued at year's end.
    Paramilitary members who refused to demobilize and new illegal 
groups killed journalists, local politicians, human rights activists, 
indigenous leaders, labor leaders, and others who threatened to 
interfere with their criminal activities, showed leftist sympathies, or 
were suspected of collaboration with the FARC. They also reportedly 
committed massacres and ``social cleansing'' killings of prostitutes, 
homosexuals, drug users, vagrants, and gang members in city 
neighborhoods they controlled. New illegal groups, according to CINEP, 
were responsible for the deaths of 148 civilians from January through 
June, a 13.5 percent increase from 128 deaths reported during the same 
period in 2007.
    On January 23, the Prosecutor General's Office confirmed the arrest 
warrant of Sor Teresa Gomez as the primary intellectual author in the 
January 2007 killing of human rights activist Yolanda Izquierdo in 
Monteria, Cordoba.
    On January 17, the second penal circuit judge in Antioquia 
convicted Hermen Jose Munoz Gonzalez (sentencing him to 28 years and 
nine months in prison) and began trial proceedings against Julio Cesar 
Silve Borja, Edwin Harvey Arroyo Cuervo, and Pablo Jose Montalvo 
Cuitiva for their role in the murder of Afro-Colombian leader Orlando 
Valencia in 2005. On September 10, Fredy Rendon Herrera and Elkin Jorge 
Castaneda Naranjo were placed in preventive detention for their 
participation in the killing. On October 3, authorities also charged 
Horacio Restrepo Urrego with participating in the murder. On October 
14, unknown assailants killed Uco Alberto Hoyos Rivas, a witness in the 
case who was under the Ministry of Interior and Justice's protection 
program.
    On February 29, the Prosecutor General's Office arrested and held 
without bail Major Oscar Alberto Acuna Arroyo, Captain Alvaro Camargo 
Camargo, and soldiers Fabio Arturo Medina Torreglosa, Luis Alfredo 
Colume Salgado, Angel Manuel Jimenez Oviedo, and Federman Cura 
Jaramillo. They were arrested for the execution in 2006 of Daladier 
Herrera Osorio and Omar Alfredo Osorio Almanza, who had been reported 
guerrillas killed in combat. The trial had not begun at year's end.
    Guerrilla group force levels continued to decline. During the year, 
3,461 members of guerrilla groups demobilized, compared with an 
estimated 3,192 demobilized in 2007.
    FARC and ELN guerrillas killed journalists, religious leaders, 
candidates for public office, local elected officials and politicians, 
alleged paramilitary collaborators, and members of government security 
forces. In many areas of the country, the 8,000- to 9,000-member FARC 
and the 2,000-member ELN worked together to attack government forces or 
demobilized paramilitary members; in other areas, especially in Arauca, 
Valle, Cauca, and Narino departments, they fought each other. Various 
courts indicted members of the FARC secretariat in absentia on charges 
ranging from kidnapping and terrorism to aggravated homicide, in cases 
such as the murder of Antioquia ex-governor Guillermo Gaviria Correo 
and the murder of ex-minister Gilberto Echverry Mejia.
    The Presidential Program for Human Rights reported that during the 
first nine months of the year, the FARC killed at least 250 persons, 
while another 84 persons were killed in massacres in which the 
perpetrators remained unidentified. The Presidential Program for Human 
Rights reported that between January and September, the FARC killed 286 
members of the public security forces and the ELN killed 44. 
Representative incidents included:
    On February 13, in Puerto Asis, Putumayo, three soldiers were 
killed and two wounded after the 48th Front of the FARC attacked the 
soldiers with dynamite and pipe bombs.
    On April 25, in Santa Cruz, Narino, two soldiers were killed and 
two others wounded by an explosive planted by the FARC.
    On June 4, in Genova, Quindio, members of the 50th Front of the 
FARC detonated explosives as a police transport of 25 police passed, 
killing three of the police.
    On August 4, in Melgar, Tolima, members of the FARC detonated an 
explosive device against a Public Forces Helicopter School helicopter, 
killing three army soldiers.
    On September 1, in Cali, Valle de Cauca, members of the FARC 
detonated a car bomb in front of a courthouse, killing four civilians 
and injuring 26 others.
    The FARC also killed persons it suspected of collaborating with 
government authorities or paramilitary groups. According to the 
Government's tracking system, the FARC killed 297 demobilized 
paramilitaries during the year.

    Abductions.--New illegal groups, paramilitaries who refused to 
demobilize, and FARC and ELN terrorists continued to take hostages for 
ransom. The FARC and ELN also kidnapped politicians, prominent 
citizens, and members of the security forces to use as pawns in a 
prisoner exchange.
    New illegal groups often abducted persons suspected of 
collaboration with guerrillas, almost all of whom were presumed dead.
    The National Foundation for the Defense of Personal Liberty 
(Fondolibertad) reported that new illegal group members continued to be 
responsible for kidnappings, but those numbers were not differentiated 
from kidnappings due to common crime, since the Government statistics 
considered new illegal groups as criminals. Common crime accounted for 
221 kidnappings during the year.
    The FARC and ELN continued to commit numerous kidnappings. 
Fondolibertad reported that during the year, guerrillas kidnapped 156 
persons (38 percent of those in which a perpetrator was identified), 
the FARC 117 persons, and the ELN 39 persons.
    Kidnapping for ransom remained a major source of revenue for both 
the FARC and ELN. The FARC continued to hold political and foreign-born 
hostages taken in previous years.
    On July 2, the armed forces rescued three U.S. contractors and 12 
Colombians held by the FARC. The FARC continued to hold 25 political 
hostages, as well as an estimated 700 economic hostages. The military 
liberated 222 hostages during the year.

    Physical Abuse, Punishment, and Torture.--According to preliminary 
reporting from the Presidential Program of Integrated Action Against 
Anti-personnel Mines, 410 landmine explosions killed 146 persons and 
injured 565 others during the year, compared with 187 killed and 687 
injured in 2007; 506 of the victims were military personnel, while 205 
were civilians. The International Campaign to Ban Landmines stated that 
the FARC continued to be the largest individual user of landmines and 
that the ELN also continued to use landmines.

    Child Soldiers.--Guerrillas and illegal armed groups used children 
as soldiers. The Ministry of Defense continued to believe that more 
than 4,600 FARC members and more than 1,300 ELN members were minors and 
that most guerrilla fighters had joined the guerrilla ranks as 
children. Human Rights Watch reported that in 2003 there were 
approximately 11,000 child soldiers and that the FARC, ELN, and the new 
armed groups have continued recruitment since then.

    Other Conflict-Related Abuses.--Guerrillas failed to respect 
injured and medical personnel. Both the FARC and the ELN frequently 
executed injured prisoners, threatened and harassed doctors and nurses, 
and killed enemy combatants receiving medical care.
    On April 16, members of the FARC in Yarumal, Antioquia, attacked a 
military ambulance and killed the two injured soldiers inside.
    On July 18, in Tibu, Norte de Santander, FARC members intercepted 
an ambulance with an injured civilian and killed the driver; the 
civilian died of his original injury due to lack of medical assistance.
    On December 7, in San Vicente de Caguan, Caqueta, FARC members 
attacked a medical mission, killing eight, including two civilian 
medical workers from the Colombian Family Welfare Institute.
    New illegal groups also prevented or limited the delivery of food 
and medicines to towns and regions considered sympathetic to 
guerrillas, straining local economies and increasing forced 
displacement.
    Guerrillas forcibly displaced peasants to clear key drug and 
weapons transit routes and remove potential government or new illegal 
group collaborators from strategic zones. Guerrillas also imposed de 
facto blockades of communities in regions where they had significant 
influence. For example, the National Indigenous Organization of 
Colombia (ONIC) reported many incidents in which illegal armed groups 
forcibly recruited indigenous people or obligated them to collaborate, 
restricted their freedom of movement, and blockaded their communities 
in Choco, Norte de Santander, Narino, and other departments.
    Paramilitary members who refused to demobilize and new illegal 
groups continued to displace civilians residing along key drug and 
weapons transit corridors.
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. A number of independent newspapers and 
magazines published freely, and all print media were owned privately. 
Privately owned radio and television stations broadcast freely.
    Government security forces and corrupt officials occasionally 
subjected journalists to harassment, intimidation, or violence.
    Members of illegal armed groups intimidated, threatened, kidnapped, 
and killed journalists. National and international NGOs reported that 
local media representatives regularly practiced self-censorship because 
of threats of violence. One journalist went into voluntary exile during 
the year; at year's end 146 were receiving protection from the Ministry 
of the Interior and Justice's protection program, and the Government 
was investigating the threats.
    According to the NGO Foundation for Press Freedom, there were 72 
death threats against journalists during the year, compared with 85 in 
2007 (See Section 1.g.). Two of those threatened left the country due 
to the threats. There were no journalists killed due to their 
profession during the year.
    The Ministry of the Interior and Justice operated a program funded 
at 112.5 billion pesos (approximately $45.7 million) that provided 
protection to 10,716 persons, including 154 media representatives. The 
ministry also supported an alert network organized for journalists by 
providing a small number of radios and an emergency telephone hotline.

    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 could engage in the peaceful 
expression of views via the Internet, including by e-mail. The 
International Telecommunication Union reported that in 2007 there were 
26 users of the Internet per 100 inhabitants.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. However, 
guerrillas maintained a presence on many university campuses to 
generate political support for their respective causes and undermine 
support for their enemies through both violent and nonviolent means. 
New illegal groups and FARC and ELN guerrillas threatened, displaced, 
and killed educators and their families for political and financial 
reasons. According to the Vice President's Office, various assailants 
killed 30 educators during the year. Threats and harassment caused many 
educators and students to adopt lower profiles and avoid discussing 
controversial topics.

    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. Freedom of association was limited 
in practice by threats and acts of violence committed by illegal armed 
groups against NGOs, indigenous groups, and labor unions (See Section 
1.g.).
    Although the Government does not prohibit membership in most 
political organizations, membership in organizations that espoused or 
carried out acts of violence, such as the AUC, FARC, and ELN, was 
illegal.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    The Roman Catholic Church retained a de facto privileged status. 
Accession to a 1997 public law agreement with the state is required for 
non-Catholic religions to minister to their adherents in public 
institutions and to perform marriages recognized by the state. When 
deciding whether to grant accession, the Government considers a 
religion's total membership, its degree of popular acceptance within 
society, and other relevant factors.

    Societal Abuses and Discrimination.--New illegal groups and FARC 
and ELN guerrillas harassed, threatened, and sometimes killed religious 
leaders and activists, although often for their role as community 
leaders rather than for religious reasons (See Section 1.g.). Four non-
Catholic pastors disappeared in the second half of the year. The 
Presidential Program for Human Rights reported that illegal armed 
groups, especially the FARC, made numerous threats against priests and 
other religious workers.
    The Jewish community had an estimated 4,000 members. Increased 
reports of anti-Semitism continued, including graffiti painted on the 
exterior walls of synagogues and anti-Semitic statements in pamphlets 
published by small anti-Semitic organizations.
    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 while the Government generally respected these rights 
in practice, there were exceptions. Military operations and occupation 
of certain rural areas restricted freedom of movement in conflict 
areas.
    New illegal groups, paramilitaries that refused to demobilize, and 
FARC and ELN guerrillas continued to establish illegal checkpoints on 
rural highways, but an enhanced government security presence along 
major highways reduced the number of kidnappings.
    The law prohibits forced exile, and the Government did not employ 
it. However, many persons went into self-imposed exile because of 
threats from new illegal groups and FARC and ELN guerrillas.

    Internally Displaced Persons (IDPs).--The internal armed conflict, 
especially in remote areas, was the major cause of internal 
displacement. International organizations and civil society identified 
various factors driving continuing displacement including 
confrontations between security forces, terrorists, and new illegal 
groups, greater competition among illegal armed groups for resources, 
and threats and violence from new illegal groups. Most IDPs were rural 
peasants displaced to cities. Estimates of the numbers of IDPs varied. 
Accion Social, the Government's internal welfare and foreign 
coordination agency, registered 325,162 newly displaced persons at 
year's end, a number expected to rise as regional reporting was 
incorporated into its database. (By the end of 2008, Accion Social's 
revised 2007 registration count was 353,657.) The department of Narino 
registered the highest number of IDPs (22,531), followed by Magdalena 
(18,823), Antioquia (18,015) and Tolima (15,902). The NGO Consultancy 
for Human Rights and Displacement (CODHES) estimated that 270,675 
persons were displaced during the first six months of the year, a 41 
percent increase compared with CODHES' estimate for the same period in 
2007.
    The Government has registered a total of 2.8 million IDPs since 
1995, while CODHES estimated that as many as 4.3 million persons have 
been displaced since 1985. The Government registered new IDPs whose 
applications for recognition had been accepted, while CODHES estimated 
new displacements based on information from the media, civil society, 
and field work. CODHES also included as IDPs an undetermined number of 
coca and opium poppy producers who migrated in response to government 
drug eradication efforts, as well as those who migrated due to poor 
economic conditions resulting from the armed conflict. During the year 
the ICRC provided assistance to 73,258 newly displaced persons, 14,514 
persons from massive displacements (groups of 50 or more persons or 10 
or more families) and 58,744 persons in individual displacements.
    New illegal groups and FARC and ELN guerrillas continued to use 
forced displacement to gain control over strategic or economically 
valuable territory, weaken their opponents' base of support, and 
undermine government control and authority. Illegal armed groups also 
used landmines and roadblocks to confine entire villages in order to 
protect illicit crops and to prevent pursuit by state security forces. 
The FARC and ELN continued to use force, intimidation, and 
disinformation to discourage IDPs from registering with the Government; 
guerrilla agents often infiltrated IDP receptor communities.
    During the year the Government registered 8,736 new IDPs who 
identified themselves as indigenous and 28,995 new IDPs who identified 
themselves as Afro-Colombian. ONIC estimated the number of displaced 
indigenous people to be much higher, since many indigenous people did 
not have adequate access to registration locations due to geographic 
remoteness, language barriers, or unfamiliarity with the national 
registration system. CODHES estimated that 21 percent of the displaced 
population was Afro-Colombian. According to UNHCR, indigenous and Afro-
Colombian groups were disproportionately affected by displacement.
    The Government, international humanitarian assistance 
organizations, and NGOs observed that the rate of mass displacements 
remained approximately the same during the year. According to Accion 
Social, the departments with the highest numbers of IDPs from massive 
displacements were Narino with 4,831, Arauca with 2,541, Cauca with 
2,438, and Choco with 2,128. The assistance organizations pointed out, 
however, that the emergency response to mass displacements was becoming 
more difficult and costly to mount as the increased security in cities 
and towns meant displacements were now taking place in more remote 
locations. Additionally, the continuing high volume of displacement 
claims received by the Government frequently delayed by several weeks 
or months assistance to persons displaced individually or in smaller 
groups. Intense fighting in conflict zones, including areas in the 
departments of Antioquia, Arauca, Cauca, Narino, Putumayo, and Norte de 
Santander, often prevented national and international aid organizations 
from accessing newly displaced populations.
    According to Accion Social's national IDP registry, Narino and 
Cauca, home to many Afro-Colombian and indigenous people, were among 
the departments most gravely affected by forced displacements during 
the year. In August, for example, the UN Office of the Commissioner for 
Humanitarian Affairs (OCHA) reported that confrontations between the 
new illegal group, Organizacion Nueva Generacion, and the armed forces 
displaced more than 1,000 persons from the Policarpa area in Narino. 
OCHA also reported in August that FARC and ELN incursions and 
confrontations with the armed forces displaced approximately 1,300 
persons from villages around the town of Lopez de Micay, Cauca.
    OCHA, the ICRC, and the UNHCR reported on several other mass 
displacements in other departments throughout the year. On August 14, 
OCHA reported that nearly 300 Embera indigenous people in the rural 
area of Alto Baudo in the department of Choco fled their homes to 
escape abuses and threats from members of a new illegal group known as 
Los Rastrojos. OCHA reported that FARC threats and pressure against 
manual coca eradication efforts in the area displaced nearly 4,000 
persons in February, approximately 800 persons in April, and more than 
2,000 persons in July from rural villages near the Antioquia towns of 
Ituango, Taraza, and Valdivia. In January threats in the department of 
Arauca by both FARC and ELN guerrillas and new illegal groups displaced 
more than 2,000 persons, many of them from the Gauibos and the Siriri-
Catleya indigenous communities, to the municipalities of Tame and 
Saravena near the Venezuelan border, according to the ICRC and the 
UNHCR.
    CODHES also reported in November that at least seven IDP community 
leaders were killed in the first six months of the year. On June 29, 
for instance, unknown assailants shot and killed Martha Cecilia Obando, 
an active IDP leader in the locally displaced and Afro-Colombian 
communities in Buenaventura, Valle de Cauca, who had recently voiced 
concerns about perceived corruption by local authorities and had openly 
criticized attacks on the community by local criminal groups. On 
November 28, Carlos Rodolfo Cabrera Huertas, the leader of an IDP 
association and a member of an IDP municipal committee in the Arauca 
department, was murdered. On December 1, Alfredo Jaraba and his wife 
Luz Mary Lopez, both members of an IDP organization, and two of their 
children were killed in Cartagena.
    The Government budgeted approximately 1.25 trillion pesos 
(approximately $508 million) to provide assistance to IDPs during the 
year. Assistance was delivered through Accion Social, the Colombian 
Family Welfare Institute (ICBF), the Ministry of Social Protection 
(MSP), and other governmental ministries and agencies.
    Despite several government initiatives to enhance IDP access to 
services and knowledge of their rights and notable improvements in 
meeting the social and economic needs of IDPs, many IDPs continued to 
live in unhygienic conditions with limited access to health care, 
education, or employment. Several international organizations and 
domestic nonprofit groups, such as the International Organization for 
Migration (IOM), the ICRC, and the Colombian Red Cross worked with the 
Government to provide emergency relief and long-term assistance to 
displaced populations.

    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 assistance 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 UNHCR 
and other humanitarian organizations in assisting refugees and asylum 
seekers. The Government reserved the right to determine eligibility for 
asylum, based upon its own assessment of the nature of an applicant's 
claim. According to the Government, as of September 145 recognized 
refugees resided in the country, and two refugee cases were approved 
and 11 rejected during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic, generally free and fair elections held on the basis of nearly 
universal suffrage. Active duty members of the armed forces and police 
may not vote or participate in the political process. Civilian public 
employees, although eligible to vote, may participate in partisan 
politics only during the four months immediately preceding a national 
election.

    Elections and Political Participation.--In 2006 independent 
candidate Alvaro Uribe won a second term as president in elections that 
were considered generally free and fair, despite a concerted campaign 
by the FARC and AUC to disrupt or manipulate the outcome. The OAS 
electoral observation mission stated that the elections took place ``in 
an atmosphere of freedom, transparency, and normalcy.''
    In October 2007 there were local elections for governors, mayors, 
and department and town councils; according to the OAS electoral 
mission chief, the elections proceeded smoothly. Although 25 candidates 
were killed in the preelection period, this number was significantly 
lower than in previous years.
    Political parties could operate without restrictions or outside 
interference. The Liberal and Conservative parties previously dominated 
politics. The reelection of President Uribe as an independent in 2006 
and the second-place showing of the Polo Democratico presidential 
candidate, Carlos Gaviria, reflected a widening of the political arena. 
More than 20 political parties from across the political spectrum were 
represented in Congress. In 2007 Polo Democratico candidate Samuel 
Moreno was elected mayor of Bogota.
    New illegal groups, paramilitaries that refused to demobilize, and 
the FARC threatened and killed government officials (See Section 1.g.). 
According to the Presidential Program on Human Rights, three municipal 
council members were killed during the year, compared with 16 in 2007.
    Some local officials throughout the country resigned because of 
threats from the FARC. A Ministry of Interior and Justice program 
provided protection to 295 mayors, 60 former mayors, and 2,370 council 
members during the first nine months of the year.
    The law requires that women be placed in at least 30 percent of 
appointed government posts and that the Government report to Congress 
each year the percentage of women in high-level government positions. 
There were 19 women in the 102-member Senate and 17 in the 166-member 
House of Representatives. There were three women in the 13-member 
cabinet and four on the 23-member Supreme Court. Additionally, there 
were 11 women on the higher courts: one on the Constitutional Court, 
eight on the State Council, and two on the CSJ.
    Two indigenous senators and one indigenous member of the House of 
Representatives occupied seats reserved for indigenous persons. There 
were no indigenous cabinet members and no indigenous persons on any of 
the nation's high courts.
    There were three Afro-Colombian senators, one of them a woman, and 
seven Afro-Colombian members of the House of Representatives, two of 
whom occupied seats reserved for Afro-Colombians. There was one Afro-
Colombian cabinet minister; there were no Afro-Colombians on any high 
court.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government actively 
prosecuted cases of governmental corruption; however, officials 
sometimes engaged in corrupt practices with impunity. The World Bank's 
worldwide governance indicators reflected that government corruption 
was a problem. Drug trafficking revenues exacerbated corruption.
    In December the criminal chamber of the Supreme Court sentenced 
Miguel Angel Bermudez, ex-governor of Boyaca, to 11 years in prison for 
irregularities in school and library contracts throughout the 
department.
    The JPL process continued to expose corruption and paramilitary 
ties within the Government and security forces, and President Uribe 
urged the Supreme Court to punish public officials found guilty. The 
president continued funding for the Supreme Court's investigative unit, 
which investigated members of Congress and senior government officials.
    On September 8, CNP General Antonio Gomez Mendez was dismissed as a 
result of alleged ties to narcotics traffickers and former paramilitary 
leaders.
    Investigations by the Supreme Court and the Prosecutor General's 
Office of links between politicians and paramilitary groups implicated 
70 congressmen, 15 governors, and 31 mayors. By the end of December, 33 
congressmen, 22 mayors, and eight governors were in jail.
    Representative Alfonso Antonio Campo Escobar of Magdalena, who 
resigned in June 2007, was convicted and sentenced to 10 years in 
prison and fined 1.72 million pesos ($700) for collaboration with 
paramilitary groups. Campo accepted a five-year sentence in exchange 
for a guilty plea to election crimes and aggravated delinquency.
    By law, public officials must file annual financial disclosure 
forms.
    The law provides for public access to government information, and 
the Government generally provided such access in practice. While there 
are no prohibitive fees to access government information, there were 
reports that some low-level officials insisted on bribes to expedite 
access to 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. Although government 
officials generally were cooperative and responsive to their views, 
NGOs claimed that criticism from high-level officials, including 
President Uribe, put them at risk for retaliation by new illegal 
groups. Many domestic NGOs also contended that the Government 
arbitrarily arrested and detained human rights activists, particularly 
in high-conflict areas.
    While the Uribe administration maintained an open dialogue with 
NGOs and met with them regularly during the year, NGOs complained that 
they had difficulty arranging meetings with government officials or 
receiving prompt replies to their correspondence. NGOs also complained 
about what they described as intolerant and hostile statements from the 
Government regarding the work of human rights defenders.
    Several thousand human rights and civil society NGOs were 
registered in the country, although most existed only on paper. Local 
human rights NGOs had far-reaching influence. By sharing information 
and disseminating it to international human rights organizations and 
the media, they raised the country's human rights profile and 
contributed to significant levels of international attention.
    The Government and prominent local human rights groups differed in 
their evaluations and analyses of the human rights situation, which led 
to mutual suspicion. The Government asserted that some human rights 
activists engaged in activities that supported terrorism (See Section 
1.e.).
    According to the NGO Colombian Commission of Jurists (CCJ), 11 
human rights activists were killed during the year. The CCJ attributed 
two of the killings to paramilitaries but did not know whether the 
perpetrators were part of the Justice and Peace process or had refused 
to demobilize. Three of the killings were attributed to government 
security forces, and the other six were attributed to unidentified 
armed groups. According to an unconfirmed NGO submission to the UNHCHR, 
human rights defenders and labor unionists were killed after a peaceful 
rally against paramilitary violence on March 6. At year's end the 
Prosecutor General's Office had found no information supporting the NGO 
claim but continued investigating the cases linked to the protest.
    After these demonstrations, several NGOs reported receiving e-mail 
threats from newly formed illegal groups. The UNHCHR expressed concern 
over the threats, the Government condemned them, and investigations by 
the Prosecutor General's Office continued at year's end.
    A Ministry of Interior and Justice program provided protection to 
more than 966 human rights activists during the year (See Section 
2.a.). The Government enhanced this security at 129 NGO offices during 
the year.
    The Government cooperated with international organizations. The 
UNHCR, the IOM, the International Labor Organization (ILO), the UNHCHR, 
and the ICRC had an active presence in the country and carried out 
their work without government interference.
    The Government continued to meet with the UNHCHR, local NGOs, and 
members of the diplomatic corps to discuss steps it has taken to comply 
with UNHCHR recommendations on improving human rights practices. While 
acknowledging progress on several recommendations, the UNHCHR and local 
NGOs reported that the Government had not fully implemented most of 
them by year's end. In September 2007 the Government extended the 
UNHCHR's mandate for three years.
    The national human rights ombudsman is independent, reports to the 
inspector general, and has responsibility for ensuring the promotion 
and exercise of human rights. During the year Congress reelected Human 
Rights Ombudsman Volmer Perez. The Government generally cooperated with 
the ombudsman, whose Bogota office was the headquarters of a national 
early warning system designed to alert public security forces of 
impending human rights violations, particularly large-scale massacres. 
The office was underfunded and understaffed, which limited its ability 
to monitor human rights violations effectively. Regional human rights 
ombudsmen were under constant threat from illegal armed groups.
    The Presidential Program for Human Rights, which operated under the 
authority of the vice president, coordinates national human rights 
policy and actions taken by government entities to promote or protect 
human rights. It is the Government's primary interlocutor with domestic 
and international NGOs and with foreign governments on human rights 
issues. The program publishes the Human Rights Observer magazine, which 
provides analyses of major human rights issues and the human rights 
situation in various regions of the country.
    Both the Senate and House of Representatives have human rights 
committees. The committees serve as forums for discussion of human 
rights issues but have no authority to draft legislation.
    Implementation of the 2005 JPL continued. The Justice and Peace 
Unit in the Prosecutor General's Office is responsible for the required 
investigation and prosecution of demobilized persons under the law, and 
an interinstitutional commission on Justice and Peace was created to 
coordinate its implementation. Approximately 3,667 persons had been 
presented as eligible for the JPL, most participating in the formal 
demobilization process and others ``demobilizing'' afterward; 3,577 of 
these were in paramilitary organizations, including 25 of the 
``comandantes'' and 90 from guerilla organizations. More than 1,600 
proffers or ``version libres'' have been taken, in which almost 20,000 
crimes have been identified by the Prosecutor General's Office, over 
18,000 of them homicides. There were 27,104 victims involved in the 
20,000 identified crimes; defendants confessed to, and accepted, 6,000 
of these crimes, involving 8,468 victims. Over 3,800 of these confessed 
crimes were murders. A total of 179,000 victims had registered with the 
Prosecutor General's Office, and 1,441 graves had been exhumed 
involving 1,788 persons; remains of 547 victims were identified, and 
283 were returned to their families. Testimony from the voluntary 
confessions also triggered investigations of politicians, military 
members, major agricultural producers, and government officials' ties 
to paramilitary forces.
    During the year the Government began the Program of Administrative 
Reparations to give reparations to victims of illegal armed groups. The 
Victim Protection Program under the Ministry of Interior and Justice 
protected 104 persons involved in the Justice and Peace process, and 
during the year the Government spent 1.71 billion pesos (approximately 
$695,000) on the program. The National Commission of Reconciliation and 
Reparation maintained offices in nine cities, including Sincelejo, 
Barranquilla, Bucaramanga, and Medellin. The centers contained one-stop 
informational centers for victims and assisted victims with enrollment, 
and receipt of legal and psychological support.
    In spite of the advances in the implementation of the Justice and 
Peace process, the OAS reported continuing shortfalls in victims' 
support and participation in the process. The OAS also reported that 
victims received wrong or little information about the process, that 
they were highly susceptible to killings, threats, and intimidation, 
and that government effort was uncoordinated.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the law specifically prohibits discrimination based on 
race, gender, disability, language, or social status, many of these 
prohibitions were not enforced in practice.

    Women.--Although prohibited by law, rape, including spousal rape, 
remained a serious problem. On July 28, the president ratified a new 
law that increased the legal penalties for sex crimes. The law provides 
for sentences ranging from eight to 15 years' imprisonment for violent 
sexual assault. For acts of spousal sexual violence, the law mandates 
sentences of six months to two years and denies probation or bail to 
offenders who disobey restraining orders. The National Institute for 
Legal Medicine and Forensic Science, which reported 8,836 cases of 
suspected sex crimes, including rape, in the first eight months of the 
year, indicated that many cases went unreported. New illegal group 
members and guerrillas raped, sexually abused, and sometimes sexually 
mutilated women and children for fraternizing with the enemy, working 
as prostitutes, having sexual relations outside of marriage, or 
violating imposed codes of conduct or restrictions on dress. The ICBF 
provided psychosocial, medical, and legal support to victims of sexual 
violence.
    Although prohibited by law, domestic violence, including spousal 
abuse, remained a serious problem. Judicial authorities may remove an 
abuser from the household and require therapy or reeducation. The law 
provides prison time if the abuser causes grave harm or the abuse is 
recurrent; however, provisions for fines were not applied. The National 
Institute for Legal Medicine and Forensic Science reported 
approximately 5,803 cases of domestic violence against women during the 
first eight months of the year but noted that only a small percentage 
of cases were brought to its attention for investigation and follow-up. 
The law stipulates that the Government must provide victims of domestic 
violence with immediate protection from physical or psychological 
abuse. The ICBF provided safe houses and counseling for victims, but 
its services could not meet the magnitude of the problem. In addition 
to fulfilling traditional family counseling functions, ICBF family 
ombudsmen handled domestic violence cases. The Human Rights Ombudsman's 
Office conducted regional training workshops to promote the application 
of domestic violence statutes.
    Adult prostitution is legal in designated ``tolerance zones,'' but 
enforcement of, and restriction to, the zones remained difficult. 
Prostitution was widespread and exacerbated by poverty and internal 
displacement. Sex tourism existed to a limited extent, particularly in 
coastal cities such as Cartagena and Barranquilla, where marriage and 
dating services were often fronts for sexual tourism. The law prohibits 
organizing or facilitating sexual tourism and provides penalties of 
three to eight years' imprisonment. Trafficking in women for sexual 
exploitation continued to be a problem.
    The law provides measures to discourage and punish harassment at 
the workplace, such as sexual harassment, verbal abuse or derision, 
aggression, and discrimination. Nonetheless, sexual harassment remained 
a pervasive problem. Since the law was enacted, the Ministry of Social 
Protection had received 375 complaints that it investigated.
    Although women enjoy the same legal rights as men, discrimination 
against women persisted. Women faced hiring discrimination, were 
disproportionately affected by unemployment, and had salaries that 
generally were incompatible with their education and experience. Female 
workers in rural areas were affected most by wage discrimination and 
unemployment.
    The President's advisor for equality of women has primary 
responsibility for combating discrimination against women. The advisor 
ran a program to help women who were microbusiness entrepreneurs and 
heads of families to get favorable lines of credit for their companies. 
During the year the Government provided to women 6,217 microcredit 
loans, in the amount of 6.2 billion pesos (approximately $2.5 million). 
In the first 10 months of the year, the Government held 17 seminars 
attended by 11,258 women on establishing microbusinesses. NGOs such as 
the Popular Women's Organization in Barrancabermeja, Santander, and the 
Women's Path to Peace in Medellin, Antioquia, promoted women's 
involvement and equality, particularly through peace initiatives.

    Children.--The Government generally was committed to children's 
rights and welfare. The ICBF monitored all government child protection 
and welfare programs and also funded nongovernmental programs that 
benefited children.
    Child abuse was a serious problem. The National Institute for Legal 
Medicine and Forensic Sciences reported approximately 7,628 cases of 
child abuse in the first nine months of the year. The institute also 
estimated that approximately 40 percent of the 9,959 reported sex 
crimes involved sexual abuse of children, most of whom were under age 
14.
    According to the Inspector General's Office, 3,588 minors were 
reported as sexual workers, although many other cases went unreported. 
Children were trafficked for sexual exploitation.
    Guerrillas forcibly recruited and used children as soldiers. The 
Ministry of Defense reported an increase in the number of minors who 
deserted illegal armed groups. At least 318 children (244 of them 
former members of the FARC) surrendered to state security forces during 
the year and were transferred to the ICBF, which operated a 
reintegration program for former child soldiers.
    According to government registrations, 75 percent of IDPs were 
women and children. Displaced children particularly were vulnerable to 
physical abuse, sexual exploitation, and recruitment by criminals.

    Trafficking in Persons.--Although the law prohibits trafficking in 
persons, there were reports that persons were trafficked from, through, 
and within the country.
    The country was a major source for trafficking in persons, 
primarily for sexual and labor purposes. During the year the national 
trafficking prevention hotline received 10,115 calls, 6.7 percent 
directly related to trafficking. Most calls were preventative in 
nature, with callers asking for information on a potential trafficking 
scheme. The vast majority of trafficking victims were young women, 
although children and young men were also at risk. Destinations and 
routes included Chile, Bolivia, Ecuador, Peru, Venezuela, Costa Rica, 
Panama, El Salvador, Mexico, Aruba, Jamaica, Trinidad and Tobago, 
Curacao, the Netherlands, Italy, Germany, Spain, Japan, Singapore, 
Portugal, Hong Kong, and the United States. Internal trafficking of 
women and children from rural to urban areas for sexual exploitation 
and forced labor remained a serious problem. Victims also transited the 
country from other South American countries on their way to Europe and 
the United States.
    Many traffickers disclosed the sexual nature of the work they 
offered but concealed information about working conditions, clientele, 
freedom of movement, and compensation. Others disguised their intent by 
portraying themselves as modeling agents, offering marriage brokerage 
services, providing study programs, or operating lottery or bingo scams 
with free trips as prizes. Recruiters reportedly loitered outside high 
schools, shopping malls, and parks to lure adolescents into accepting 
nonexistent jobs abroad. The IOM and domestic NGOs estimated that 
international organized crime networks were responsible for most 
transnational trafficking. Domestically, organized crime networks, some 
related to illegal armed groups, were also responsible for trafficking 
for sexual exploitation or organized begging, and the armed conflict 
made a large number of internal trafficking victims vulnerable.
    The law provides for prison sentences between 13 and 23 years and 
fines up to 1,000 times the monthly minimum wage for trafficking 
offenses. These penalties may be increased by up to one-third if there 
are aggravating circumstances, such as trafficking of children younger 
than 14. Additional charges of illegal detention, violation of the 
right to work in dignified conditions, and violation of personal 
freedom also may be brought against traffickers. While limited 
resources hindered prosecutions, the Prosecutor General's Office 
continued to open new investigations and continued progress on current 
trials.
    With the support of the IOM, the National Committee against 
Trafficking (composed of 14 agencies) prepared information campaigns 
and promoted information exchange among government agencies and began 
use of a database to monitor trafficking cases. The Prosecutor 
General's Anti-Trafficking Unit, in coordination with the Ministry of 
Interior and Justice, has the lead on combating trafficking. The 
Government cooperated with foreign counterparts on investigations.
    The country's diplomatic missions worked with the IOM to repatriate 
victims. The IOM strengthened government institutions involved in 
antitrafficking efforts and assisted trafficking victims; during the 
year IOM and the UN Office on Drugs and Crime trained officials on 
specific trafficking issues and provided awareness-raising training to 
NGO groups. The IOM also provided victims with job training and 
employment opportunities, temporary emergency shelter, necessary 
medical and psychological care, and opportunities for social 
reintegration. The Hope Foundation, an antitrafficking NGO, provided 
educational information, social support, and counseling to trafficking 
victims. The Rebirth Foundation (another antitrafficking NGO) provided 
housing, psychosocial therapy, medical care, and legal assistance to 
child victims of sexual exploitation.
    The IOM and the Government advertised a national hotline to prevent 
trafficking and report violators. The IOM worked with the Government to 
continue its antitrafficking public awareness campaign that included 
placing posters in airports, bus stations, consulates, and travel 
agencies, and running public service announcements on radio and 
television.
    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 sought to enforce these prohibitions. No 
law mandates access to public buildings for persons with disabilities, 
thus limiting the power of the Government to penalize those schools or 
offices without access, but both national and local governments tried 
to address this with programs aimed at improving access. The law 
provides persons with physical disabilities access to voting stations. 
The Presidential Program for Human Rights is responsible for protecting 
the rights of persons with disabilities.
    The Colombian Association for Physical Medicine and Rehabilitation 
reported that only approximately 15 percent of persons with 
disabilities received medical attention adequate to prevent 
complications arising from their disabilities. According to press 
reports, only 7,000 of Bogota's 100,000 persons with disabilities had 
access to public education.

    National/Racial/Ethnic Minorities.--According to the national 
census, approximately 4.3 million persons, or 10 percent of the 
population, were of African origin. However, some human rights groups 
and Afro-Colombian organizations estimated that there were as many as 
10 million Afro-Colombians. While Afro-Colombians are entitled to all 
constitutional rights and protections, they faced significant economic 
and social discrimination. An estimated 76 percent of Afro-Colombians 
lived in poverty; their infant mortality rate was four times that of 
the general population, and the number without any education was three 
times higher than the national average. Choco, the department with the 
highest percentage of Afro-Colombian residents, had the lowest per 
capita level of social investment and ranked last in terms of 
education, health, and infrastructure. It also continued to experience 
some of the country's worst political violence, as new illegal groups 
and FARC and ELN guerrillas struggled for control of the department's 
drug- and weapons-smuggling corridor (See Section 1.g.).
    On May 21, the Government launched the Commission for Advancement 
of Afro-Colombians, whose objective is to evaluate the socioeconomic 
conditions of Afro-Colombians and provide recommendations to the 
Government. The vice president led nine regional workshops to collect 
information and input from civil society. The commission also supported 
two university studies on Afro-Colombian issues, the first by the 
Universidad de los Andes was released on November 6.

    Indigenous People.--The constitution and laws give special 
recognition to the fundamental rights of indigenous people, who 
comprised approximately 3.4 percent of the population, and require that 
the Government consult beforehand with indigenous groups regarding 
governmental actions that could affect them.
    The law accords indigenous groups perpetual rights to their 
ancestral lands. Traditional indigenous authorities operated 
approximately 710 reservations-accounting for 30 percent of the 
country's territory-as municipal entities, with officials selected 
according to indigenous traditions. However, many indigenous 
communities had no legal title to lands they claimed, and illegal armed 
groups often violently contested indigenous land ownership.
    The law provides for special criminal and civil jurisdictions 
within indigenous territories based on traditional community laws. 
Proceedings in these jurisdictions were subject to manipulation and 
often rendered punishments that were more lenient than those imposed by 
regular civilian courts. The law permits indigenous communities to 
educate their children in traditional dialects and in the observance of 
cultural and religious customs. Indigenous people are not subject to 
the national military draft.
    Indigenous leaders complained about the occasional presence of 
government security forces on indigenous reservations and asked that 
the Government consult with indigenous authorities prior to taking 
military action against illegal armed groups and guerrillas operating 
in or around such areas. The Government stated that for security 
reasons it could not provide advance notice of most military operations 
and that it consulted with indigenous leaders when possible before 
accessing land held by the communities. The law permits the presence of 
government security forces on lands of indigenous communities; however, 
Ministry of Defense directives instructed security forces to respect 
the integrity of indigenous communities, particularly during military 
and police operations. The Ministry of Defense's Integrated Policy on 
Human Rights stresses the importance of protecting indigenous 
communities.
    The Ministry of Interior and Justice, through its Office of 
Indigenous Affairs, is responsible for protecting the territorial, 
cultural, and traditional rights of indigenous people. Ministry 
representatives, together with inspector general and human rights 
ombudsman representatives, worked with other governmental human rights 
organizations and NGOs to promote indigenous interests and investigate 
violations of indigenous rights. The ministry is also responsible for 
buying land to add to indigenous reserves.
    Despite special legal protections and government assistance 
programs, indigenous people continued to suffer discrimination and 
often lived on the margins of society. The indigenous were the 
country's poorest population and had the highest age-specific mortality 
rates and rates of intestinal diseases, tuberculosis, hepatitis, and 
malaria.
    Parties in the internal armed conflict continued to victimize 
members of indigenous communities. In March UNHCHR reported that ethnic 
groups, particularly indigenous and Afro-Colombian populations, were 
increasingly vulnerable as a result of the internal armed conflict.
    The NGO National Organization of Indigenous of Colombia claimed 
that government security forces were responsible for 20 extrajudicial 
killings of indigenous people during the year. Although complete data 
were not available for the year, the Presidential Program on Human 
Rights reported that, from 2002 to 2007, homicides of indigenous people 
declined 45 percent, kidnappings declined 87 percent, and displacement 
declined 15 percent.
    On October 14, about 7,000 indigenous persons from Northern Cauca 
demonstrated for the return of ancestral lands and an end to 
accusations of indigenous-FARC links. The two-day protest led to 
violent clashes between security forces trying to open the blocked Pan-
American Highway and protesters, leaving at least 150 injured (both 
protesters and police) and one dead according to the Government. The 
Government reported that forensic evidence proved a homemade explosive 
device-not the policeman filmed shooting a gun during the protests-
killed the individual.
    On October 20, ONIC convoked over 12,000 indigenous protesters to 
participate in an eight-day march to Cali. President Uribe met with 
indigenous groups but failed to reach an agreement, and the protesters 
marched to Bogota on November 21 to meet with the president again.
    There were no known developments in the investigations of the 2006 
beating of Wayuu indigenous community members Roberto Solano Uriana and 
Lorenzo Rafael Solano and the trials of seven military and civilian 
suspects for the 2006 killing of five members of the Awa indigenous 
community.
    The UNHCHR continued to criticize threats and violence against 
indigenous communities, characterized government investigations of 
human rights violations against indigenous groups as inadequate, and 
appealed to the Government to do more to protect indigenous people.

    Other Societal Abuses and Discrimination.--Colombia Diversa, an NGO 
focused on violence and discrimination due to sexual orientation, 
reported at least 41 killings during the year due to prejudice 
regarding sexual orientation. The Constitutional Court recognized the 
right of same-sex couples to pension benefits and gave greater economic 
rights to same-sex couples. In spite of the court rulings, Colombia 
Diversa reported at least three cases of pension benefits being 
withheld from same-sex partners. Colombia Diversa also reported cases 
of police abuse against persons due to their sexual orientation, with 
the majority of complaints coming from transgender individuals. The 
group also claimed that violence in prisons against persons due to 
their sexual orientation remained a problem.
    There were no confirmed reports of discrimination towards persons 
with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
organize unions, and the Government generally respected this right in 
practice. The law does not cover members of the armed forces or police. 
The number of unions and union members continued to decline. 
Approximately 742,000 workers (4 percent of the workforce of 18.2 
million) were union members. Almost 60 percent of the workforce was 
employed in the informal sector.
    The labor code provides for automatic recognition of unions that 
obtain 25 signatures from potential members and comply with a 
registration process. Unions claimed that this process was slow and was 
used to block union registration. Some union leaders claimed that 
forming a union was a lengthy, bureaucratic process, and that union 
organizers were often fired before the union was officially 
established. In May 2007 the MSP issued a resolution reducing wait 
times and implemented procedures to discipline officials for failure to 
comply with the regulations. Pursuant to a Constitutional Court ruling 
during the year, the MSP began a thorough review of union registration 
procedures to further simplify union registration.
    Violence and discrimination against union members discouraged some 
workers from joining and engaging in union activities. The MSP reported 
that 38 trade unionists were killed during the year, compared with 26 
in 2007, while the National Labor College (ENS), a labor rights NGO, 
reported that 46 trade unionists were killed, compared with 39 in 2007. 
ENS and government figures differed because of different methodological 
conceptions of trade union membership.
    The ENS claimed that ``most of the violations of the human rights 
of trade unionists'' were associated with industrial disputes, even 
though they took place in the context of war and were committed, in 
most cases, by one of the belligerent parties.''
    Teachers made up the largest percentage of union members who were 
victims of violence by illegal armed groups, both because they 
constituted 34 percent of all registered unionists and because of their 
presence in rural, conflict-ridden parts of the country. The MSP 
reported that 55 percent of all unionists killed during the year were 
teachers.
    The Government provided protection to 10,716 at-risk individuals of 
whom 1,980 were union members (others protected included journalists, 
local leaders, and human rights advocates); the protection program 
received annual funding of 112.5 billion pesos (approximately $45.7 
million).
    Since 2001 the Prosecutor General's Office had prosecuted 126 
cases, leading to the conviction of 247 perpetrators of violent acts 
against trade unionists. A special labor subunit, launched by the 
Government in 2006 to prosecute those who commit such acts and staffed 
with 19 prosecutors and 96 investigators, resolved 80 of the cases, 
convicting 154 individuals.
    Union leaders recognized important advances made by the new labor 
subunit of the Prosecutor General's Office but said more needed to be 
done to end impunity for perpetrators of violence against workers.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, members of the armed forces, police, 
and persons performing ``essential public services'' were not permitted 
to strike. The Government declared illegal four of the 12 work 
stoppages requested before Law 1210 moved the power to declare strikes 
illegal from the executive branch to the judicial branch during the 
year.
    Before conducting a strike, public sector unions must follow 
prescribed legal procedures and give advance notice to their employers 
and local authorities. The law prohibits the use of strikebreakers. The 
law prohibiting public employees from striking was often ignored. Due 
to new legislation, employees no longer need to accept binding 
arbitration if they cannot reach an agreement.
    There were reports that employers increasingly used temporary 
contracts and cooperatives-both of which are legal-to reduce nonwage 
costs and avoid unionization. In a work stoppage related to this issue, 
more than 18,000 sugarcane cutters in the department of Valle del Cauca 
walked off their jobs on September 15; while demands for a formal work 
contract with worker and union rights was not met because subcontracted 
workers are not covered by the labor code, the workers did negotiate an 
agreement with some benefit and pay increases.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers the right to organize and bargain collectively, and 
the Government respected this right in the private sector; however, 
collective bargaining was not implemented fully in the public sector. 
Labor unions assessed that high unemployment, a large informal economic 
sector, antiunion attitudes, and violence against trade union leaders 
made organizing difficult, which limited workers' bargaining power in 
all sectors.
    In 2007 the president agreed with a 2006 ILO request and a 2005 
Constitutional Court ruling that public sector unions should be able to 
bargain collectively. A November 2007 ILO mission reported formation of 
a tripartite subcommittee to discuss public sector bargaining. The ILO 
and the Ministry of Social Protection continued working with unionists 
to reach agreement on implementing the collective bargaining 
arrangement.
    Collective pacts between individual workers and their employers 
were not subject to collective bargaining. Collective pacts give 
employers the right to negotiate accords on pay and labor conditions at 
any time with groups of workers when no union is present or when a 
union represents less than one-third of the employees. Labor groups 
complained that employers used collective pacts, permitted by law, to 
discourage labor organization. There were reports that when a union 
presented a collective bargaining proposal, employers offered some 
workers better conditions and pay in exchange for their leaving the 
union and joining the pact, which undermined organized labor's ability 
to bargain collectively.
    The continued growth and prevalence of workers' cooperatives 
further diminished collective bargaining because these workers were not 
covered by the labor code. Due to a law related to cooperatives passed 
in June, workers' cooperatives were required to register with the MSP. 
There were an estimated 3,939 such cooperatives with 88,137 associated 
workers. Workers' cooperatives were obligated to provide compensation 
at least equivalent to the minimum wage and the same health and 
retirement benefits normally offered by employers to directly hired 
employees.
    While the law prohibits antiunion discrimination, some longstanding 
ILO criticisms of the labor code remained, including the practice of 
firing labor union workers who participate in legal strikes or work 
stoppages, the prohibition of strikes in a wide range of public 
services that are not necessarily essential, and the Government's power 
to intervene in disputes through compulsory arbitration to end a 
strike. In response to these concerns, the Congress passed bills in 
June that brought laws closer to ILO standards. The new laws transfer 
authority for declaring whether a strike is legal from the executive to 
independent labor judges; make binding arbitration mandatory only if 
both parties request it; require workers' cooperatives to pay into the 
social security system and benefits programs; and levy heftier fines on 
cooperatives that do not comply with current laws. The MSP reported 
numerous investigations into cooperative abuses and in November alone 
investigated more than 100 cooperatives at the port of Buenaventura.
    While a government decree prohibits the use of workers' 
cooperatives as labor subcontractors, most cooperatives engaged in 
subcontracting, and in some cases, private sector employers forced 
workers to form cooperatives and were themselves managing the 
cooperatives' daily operations. The Government has the authority to 
fine labor rights violators but not to shut down repeat offenders. In 
practice nominal fines assessed by the Government did little to 
dissuade violators.
    There are no special laws or exemptions from regular labor laws in 
export processing zones. Labor law applies in the country's 15 free 
trade zones where its standards were enforced.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were some 
reports that such practices occurred (See Section 6.d.).
    New illegal groups and both FARC and ELN guerrillas practiced 
forced conscription. There were some reports that FARC and ELN 
guerrillas and new illegal groups used forced labor, including child 
labor, in areas outside government control (See Section 1.g.). There 
were also reports of forced commercial sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
While there are laws to protect children from exploitation in the 
workplace, child labor remained a significant problem, particularly in 
the informal sector. The ICBF reported that at least 2.5 million 
children worked, of whom an estimated 80 percent were working 
illegally. By September the ICBF reported 164 complaints of labor 
exploitation and 280 child victims of commercial sexual exploitation. 
During the first semester of the year, ICBF assisted 1,958 children 
victimized through commercial sexual exploitation throughout the 
country.
    The minimum age for employment is 15. Minors between 15 and 17 
years of age must obtain authorization from the local inspection units 
of the MSP. Such minors may work only six hours per day and 30 hours 
per week, with no work hours past 6 p.m. Minors between 17 and 18 years 
of age may only work eight hours per day, 40 hours per week with no 
work hours past 8 p.m. Minors under age 15 may receive authorization 
from the local inspection unit to engage in remunerated activities in 
art, culture, recreation, or sport. However, the authorization 
establishes the maximum number of hours and specific labor conditions. 
For example, a minor younger than 15 may not engage in remunerated 
activities more than 14 hours per week. According to the National 
Department of Statistics, there were 11.9 million children between the 
ages of five and 17, of whom approximately 1.1 million worked, nearly 
90 percent more than 15 hours a week in their home.
    The legal minimum age for work was consistent with completing basic 
education; 19.9 percent of working children did not attend school. All 
child workers were prohibited from working at night or performing work 
where there is a risk of bodily harm or exposure to excessive heat, 
cold, or noise. Although children were prohibited from working in a 
number of specific occupations, including mining and construction, in 
practice these prohibitions largely were ignored.
    Estimates of the number of children who worked in illegal mining 
operations varied from 10,000 to 200,000. According to the National 
Statistical Institute, children also worked as coca pickers or in other 
aspects of the illegal drug trade.
    Several thousand children were forced to serve as FARC or ELN 
guerrilla combatants or members of new illegal groups (See Section 
1.g.), prostitutes, or coca pickers. The minor's code provides for 
fines of up to 40 times the minimum monthly wage for violations of 
child labor laws. A violation deemed to endanger a child's life or 
threaten moral values may be punished by temporary or permanent closure 
of the responsible establishment.
    The MSP's 276 labor inspectors nationwide were responsible for 
enforcing child labor laws in the formal sector (which covered 
approximately 20 percent of the child labor force) through periodic 
inspections. Resources were inadequate for effective enforcement. With 
assistance from the ILO, the Government worked to improve cooperation 
among national, regional, and municipal governments through its 
national plan to eradicate child labor and protect working youth. The 
ILO's International Program on the Elimination of Child Labor operated 
a program to prevent children from engaging in commercial sexual 
exploitation, while private groups and foreign governments conducted 
programs to remove children from the worst forms of child labor.

    e. Acceptable Conditions of Work.--The Government establishes a 
uniform minimum wage every January that serves as a benchmark for wage 
bargaining. The monthly minimum wage, which is negotiated by a 
committee of representatives of business, organized labor, and the 
Government, was approximately 433,700 pesos ($176), a 6.3 percent 
increase from the previous year. If the negotiation process fails to 
reach agreement, as occurred during the year for the fifth time in the 
last eight years, the president can set the minimum wage unilaterally. 
The national minimum wage did not provide sufficient income to purchase 
the basic market basket of goods for a family of four. Furthermore, it 
was difficult to enforce the minimum wage in the informal sector.
    The labor code provides for a regular workweek of 48 hours and a 
minimum rest period of eight hours within the week. The code stipulates 
that workers are entitled to receive premium compensation for 
additional hours worked over the regular workweek of 48 hours and for 
work performed on Sundays. Compulsory overtime is permitted only in 
exceptional cases where the work is considered essential for the 
company's functioning.
    The law provides comprehensive protection for workers' occupational 
safety and health, which the MSP enforced through periodic inspections. 
However, a scarcity of government inspectors, poor public safety 
awareness, and inadequate attention by unions resulted in a high level 
of industrial accidents and unhealthy working conditions. Workers in 
the informal sector sometimes suffered physical or sexual abuse. The 
law provides workers with the right to remove themselves from a 
hazardous work situation without jeopardizing continued employment, and 
the Government enforced this right. Nonunion workers, particularly 
those in the agricultural and in some parts of the flower sector, 
reportedly worked under hazardous conditions because they feared losing 
their jobs if they criticized abuses. However, the flower growers' 
association implemented voluntary principles on environmental and 
worker safety and reduced the use of pesticides by more than 60 
percent.

                               __________

                               COSTA RICA

    Costa Rica, a constitutional democracy with a population of 
approximately 4.4 million, is governed by a president and the 
unicameral Legislative Assembly directly elected in free multiparty 
elections every four years. In 2006 Oscar Arias Sanchez of the National 
Liberation Party (PLN) won the presidency in elections that generally 
were considered free and fair. Civilian authorities generally 
maintained effective control of the security forces.
    While the Government generally respected the human rights of its 
citizens, the following human rights problems were reported: 
substantial judicial process delays, particularly in pretrial detention 
and civil and labor cases; excessive penalties for violations of libel 
laws; domestic violence against women and children; child prostitution; 
trafficking in persons; 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 June 14, three officers from the security forces allegedly assisted 
in killing two persons. Authorities released one of the officers after 
two surviving victims could not identify him. The other two suspects 
remained under investigation for aggravated homicide. Authorities 
administratively suspended them from their jobs without pay for six 
months and held them in preventive detention that continued at year's 
end.
    In September, based on a finding of excessive use of force, the 
Ministry of Public Security dismissed from duty the officer involved in 
the April 2007 death of a robbery suspect following a confrontation 
with security guards and then with police. The judicial investigation 
into the case and an administrative appeal continued at year's end.
    The Criminal Tribunal of the Second Circuit declared innocent and 
released two former police officers who were arrested in 2006 for 
assisting in the 2005 revenge killings of three persons. An appeal was 
pending at year's end. The Ministry of Public Security dismissed the 
officers for unrelated reasons.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution prohibits such practices and the 
Government generally respected this prohibition, some members of the 
security forces committed abuses. Any statement obtained through 
violence is invalid, and the Government investigated, prosecuted, and 
punished agents responsible for confirmed cases of abuse.
    On August 6, a San Jose municipal police officer beat a woman 
during a raid on illegal street vendors. A municipal police 
administrative investigation resulted in a written warning to the 
officer that conditioned renewal of his contract on future behavior.
    On June 11, the Ministry of Public Security exonerated two police 
officers who had been charged in June 2007 with abuse of authority and 
robbery because the man who raised the complaint against them failed to 
appear at the hearing.
    In November 2007 the Third Chamber of the Supreme Court acquitted 
four police officers who had been found guilty by a lower court in 2005 
of abuse of authority for beating a suspect who resisted arrest.
    As of December the Ombudsman's Office received 31 complaints of 
police abuse (21 from prisons, seven from citizens, and three from 
migrants). Ten cases were closed by year's end, all from prisons. In 
the prison-related cases, the Ombudsman's Office recommended that 
prison authorities take action to protect and respect prisoner rights. 
The ombudsman conducts investigations as a preliminary step, with any 
recommendation for action forwarded to the respective agency for 
investigation or follow-up.
    On September 11, a trial court acquitted two public security 
officers accused in the 2005 incident in which two guard dogs attacked 
a Nicaraguan; the security officers allegedly witnessed the incident 
but did not intervene.

    Prison and Detention Center Conditions.--Although the Government 
continued to improve prison conditions during the year, isolated cases 
of overcrowding, as well as poor sanitation, lack of health services, 
and violence among prisoners remained problems in some prison 
facilities. The Ombudsman's Office investigated all complaints and 
referred serious cases of abuse to the public prosecutor. Illegal 
narcotics were readily available in the prisons, and drug abuse was 
common.
    By year's end, expansion at several prison facilities reduced the 
countrywide prison population to 2 percent below the system's total 
capacity. As of December 31, the San Sebastian, Pococi, San Carlos, 
Cartago, and Gerardo Rodriguez (San Rafael) prisons remained 
overcrowded, with the main problem among the population in pretrial 
detention. San Sebastian, where most prisoners in pretrial detention 
were held, housed 701 prisoners in an unsanitary facility with a 
capacity of 588. To alleviate these conditions, some pretrial detainees 
were held with convicted prisoners in long-term detention facilities 
throughout the country.
    Medical care at most facilities generally was adequate for routine 
illnesses and injuries. However, prisoners were referred to the social 
service system for complex medical issues, such as HIV/AIDS, with 
consequent treatment delays.
    Prisoners generally were separated by gender and level of security 
(minimum, medium, and maximum), but overcrowding sometimes prevented 
proper security-level separation.
    The Government permitted independent monitoring of prison 
conditions by international and local human rights observers, including 
representatives from the Ombudsman's Office. Human rights observers 
were allowed to speak to prisoners and prison employees in confidence 
and without the presence of prison staff or other third parties.

    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 no 
military. The Ministry of Public Security was responsible for the 
general police force, the drug control police, the border police, and 
the coast guard. The Ministry of Public Works and Transportation 
operated the traffic police. The Government had mechanisms in place to 
investigate and punish abuse and corruption. However, court backlogs 
and an antiquated legal system greatly slowed such action. There were 
no reports of impunity involving the security forces during the year, 
but the police forces' effectiveness was hampered by inadequate 
funding, equipment, and training and by lack of police professionalism.
    Although 13 agencies have a security force, including the Judicial 
Investigative Police (OIJ) and the traffic police, the main ``public 
force'' is within the Ministry of Public Security. Citizens may report 
abuse of authority or police corruption through various accessible 
mechanisms. Officers are entitled to a disciplinary investigation, an 
oral hearing, and a board review in administrative cases. For criminal 
charges, cases go to the judicial branch.
    In August the Ministry of Public Security announced that it had 
1,500 open disciplinary cases against police officers for charges 
ranging from unauthorized absence to drug use and corruption. During 
the first seven months of the year, the ministry fired nine police 
officers for corruption.

    Arrest and Detention.--The law requires issuance of judicial 
warrants before making arrests, except where probable cause is evident 
to the arresting officer. The law entitles a detainee to a judicial 
determination of the legality of detention during arraignment before a 
judge within 24 hours of arrest. The law provides for the right to bail 
and prompt access to an attorney and to family members, and the 
authorities generally observed these rights in practice. Indigents are 
provided a public attorney at government expense; in practice even 
those with sufficient personal funds were able to use the services of a 
public defender. With judicial authorization, the authorities may hold 
suspects incommunicado for 48 hours after arrest or, under special 
circumstances, for up to 10 days.
    A criminal court may hold suspects in pretrial detention for 
periods of up to one year, and the Court of Appeals may extend this 
period to two years in especially complex cases. The law requires that 
cases of suspects in pretrial detention be reviewed every three months 
by the court to determine the appropriateness of continued detention. 
According to the Ministry of Justice, at year's end there were 2,099 
persons in pretrial detention, representing approximately 15 percent of 
the prison population.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice. The legal system faced many challenges, 
including significant delays in the adjudication of civil disputes and 
a growing workload.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    All trials, except those that include juvenile defendants, are 
public. There are no jury trials. A trial is presided over by a single 
judge or by a three-judge panel, depending on the potential penalties 
arising from the charges. Trials that involve victims or witnesses who 
are minors are closed during that portion of the trial where the minor 
is called to testify. Accused persons can select attorneys to represent 
them, and the law provides for access to counsel at state expense for 
the indigent. The law provides for detainee and attorney access to 
government-held evidence, and defendants can question witnesses against 
them and present witnesses on their behalf. Defendants enjoy a 
presumption of innocence and, if convicted, have the right of appeal. 
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 where lawsuits, including 
human rights violations, are brought. Administrative and judicial 
remedies for alleged wrongs are available. On January 1, the 
Contentious Administrative Procedural Code, which provides for 
expedited court proceedings as well as oral procedures in civil cases 
between citizens and the Government, entered into force.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such practices, and the 
Government generally respected these prohibitions in practice. The law 
requires judicial warrants to search private homes. Judges may approve 
the use of wiretaps in investigations of certain crimes, but legal 
guidelines are so restrictive that the use of wiretaps was rare.
    The law grants considerable rights to squatters who invade 
uncultivated land, regardless of who may hold title to the property. 
Property rights were irregularly enforced, and duplicate registrations 
occurred.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press. There were seven major privately 
owned newspapers and several periodicals, two privately owned 
television networks, and more than 100 privately owned radio stations, 
all of which pursued independent editorial policies. There was also a 
public radio and television system and a public university weekly 
newspaper.
    Journalists and media company owners continued to criticize 
legislation that imposes criminal penalties, including lengthy jail 
sentences instead of civil fines, for common press infractions and 
argued that such legislation promoted self-censorship.
    The law does not require reporters to reveal the identity of a 
source in any civil or criminal trial if the source has requested 
confidentiality. Reporters may defend themselves against libel charges 
by claiming that they were merely repeating a story published by 
foreign media. Libel convictions are punishable with fines or jail 
time.
    The law provides persons criticized in the media with an 
opportunity to reply with equal attention and at equal length. Media 
managers considered that it was difficult to comply with provisions of 
this law. The provisions outline a series of ``insult laws'' that 
establish criminal penalties of up to three years in prison for those 
convicted of insulting the honor or decorum of a public official. The 
law also identifies defamation, libel, slander, and calumny as offenses 
against a person's honor that can carry criminal penalties.
    In December 2007 the Criminal High Court of Appeals upheld a lower 
court ruling that acquitted two journalists of defamation in reporting 
about a police officer who was under investigation for extortion. 
However, the judges ruled that the police officer's reputation was 
harmed as a result of inaccurate reports and ordered the accused 
journalists to pay civil compensation to the officer.
    On August 19, a court of appeals upheld the December 2007 
conviction and sentence of two of the defendants in the 2001 killing of 
radio host Parmenio Medina. In December a tribunal decreased the 
sentence for a third defendant from 15 to eight years.

    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 Telecommunication Union reported that there were 33 
Internet users per 100 inhabitants in 2007.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom.
    The Commission on Control and Rating of Public Performances rates 
films and has the authority to restrict or prohibit the showing of 
films deemed pornographic or violent in nature or likely to incite 
crime or vice. The commission has similar powers over television and 
radio programs and stage plays. In addition the commission regulates 
the sale and distribution of written material deemed pornographic, 
enforcing specific packaging and display regulations. A tribunal 
reviews appeals of the commission's actions.

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

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The constitution establishes Roman Catholicism as the state 
religion and requires that the state contribute to its maintenance.
    Besides notaries public, only officials of the Catholic Church may 
perform marriages that are automatically recognized by the state. Other 
religious groups can perform wedding ceremonies, but the marriage must 
be legalized by a civil union, or couples may choose a civil union 
only.
    Immigration law contains procedures for missionaries and religious 
workers to seek temporary residency permits. A subsequent accord 
exempts Catholics. In June 2007 the Government agreed with the 
Evangelical Alliance Federation to facilitate the temporary residency 
application process for non-Catholics. Non-Catholic leaders asserted, 
however, that substantial processing delays were common and some cases 
were never resolved.
    Religious organizations must submit applications to the local 
municipality to establish a place of worship and must comply with 
safety and noise regulations established by law. The Evangelical 
Alliance Federation reported that the Government continued to close 
some non-Catholic churches for noise and other code violations.

    Societal Abuses and Discrimination.--There were a few minor reports 
of societal abuses or discrimination based on religious affiliation, 
belief, or practice, including two reported instances of anti-Semitic 
graffiti during the year. In one instance where authorities were 
notified, the Government authorized immediate removal. There were an 
estimated 2,800 Jews in the country.
    Although an executive order specifically allows non-Catholic clergy 
to enter government-controlled spaces (such as public hospitals and 
prisons) as Catholic clergy are permitted to do, non-Catholic leaders 
reported that some security guards denied entry to non-Catholic clergy, 
thereby preventing their ministering to followers.
    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 requires that adults carry national identification cards at 
all times. Persons who fail to produce such documents at security 
checkpoints may be detained until their identity and immigration status 
are verified.
    The constitution prohibits forced internal or external exile, and 
it was not used in practice.

    Protection of Refugees.--The law and a series of executive decrees 
provide 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 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 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.
    On August 25, the Government signed an accord with the UNHCR to 
reestablish the Refugee Office (closed since 2005, scheduled to reopen 
in 2009) within the General Directorate of Immigration. The General 
Directorate is in charge of refugee status determination. The law 
requires claims to be adjudicated within three months of receipt. In 
practice, however, decisions took up to a year.
    According to the UNHCR, there were approximately 11,800 recognized 
refugees in the country at year's end, the majority from Colombia, as 
well as 300 asylum seekers. The Migration Ministry reported 8,266 
refugees at year's end. (The difference can be attributed to the fact 
that once refugees obtain permanent residency in the country, the 
ministry no longer counts them as refugees.) There were also 5,500 
``persons of concern'' in need of international protection.
    The Migration Ministry reported that 387 of 940 asylum requests, or 
41 percent, were approved during the year. This represented an increase 
over 2007 when the ministry approved 20 percent of the cases. Observers 
suggested the increased approval rate-which remained under half the 
requests-could be due to a changing profile of persons requesting 
asylum. Observers remained concerned about restrictive asylum 
procedures and inadequate training for adjudication staff.
    The UNHCR worked to counter the incorrect perception of Colombian 
refugees as narcotics traffickers, criminals, and members of the 
Revolutionary Armed Forces of Colombia by placing opinion columns in 
the local press and meeting with appropriate government officials. A 
Colombian women's refugee group also launched a public awareness 
campaign.

    Stateless Persons.--There were occasional problems of statelessness 
in the border areas with Panama and Nicaragua. Members of the Ngobe-
Bugle indigenous group from Panama came to work on Costa Rican 
plantations, and sometimes their children were born in fields. In these 
cases the children were not registered as Costa Rican citizens because 
the families did not think it necessary to register the births, but 
when the families returned to Panama, the children were not registered 
there either. A similar problem occurred with Nicaraguan families that 
migrated to work on Costa Rican coffee plantations. The Government 
attempted to advise the migrant population to register at birth 
children born in the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage 
and by secret ballot every four years. The independent Supreme 
Electoral Tribunal ensured the integrity of elections, and the 
authorities and citizens respected election results. Presidents may 
seek reelection after sitting out two subsequent four-year terms, and 
assembly members may seek reelection after at least one term out of 
office. Political parties operated without restriction or outside 
interference.

    Elections and Political Participation.--In the 2006 national 
elections, Oscar Arias of the PLN won the presidency in elections that 
generally were considered free and fair. In October 2007 the country 
held a national referendum on joining the U.S.-Central America-
Dominican Republic Free Trade Agreement, which was considered to be 
generally free and fair. The Supreme Electoral Tribunal reviewed a few 
complaints of fraud and determined they were unfounded.
    The Supreme Electoral Tribunal requires that a minimum of 40 
percent of candidates for elective office be female and that women's 
names be placed accordingly on the ballots by party slate. The first 
vice president (who was also the minister of justice) and the ministers 
of government, police and public security, science and technology, 
health, culture, housing, and public works and transportation were 
women, although the first vice president resigned in October to run for 
president. There were 20 women in the 57-seat Legislative Assembly, 
including nine legislative committee chairwomen and the head of one of 
the four major party caucuses.
    Indigenous persons did not play significant roles in politics or 
government except on issues directly affecting their welfare, largely 
because of their relatively small numbers and physical isolation. There 
were no indigenous members in the Legislative Assembly or the cabinet. 
There was one black member in the assembly but none in the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. However, the World Bank's worldwide 
governance indicators reflected that government corruption was a 
problem, and there were isolated reports of such corruption during the 
year.
    Public officials are subject to a law against corruption and 
illicit enrichment in the public service. This law requires senior 
officials to submit sworn declarations of income, assets, and 
liabilities. The public ethics prosecutor, the comptroller general, the 
attorney general, and the ombudsman are all responsible for combating 
government corruption. The main function of the public ethics 
prosecutor is to take the administrative steps necessary to prevent, 
detect, and eradicate corruption and to raise ethical and transparency 
standards in the public service.
    The Government continued to pursue allegations of corruption 
against the executive branch. In August the housing minister resigned 
following controversy over using a foreign donation, designated to 
build housing for the poor, to pay fees to various government 
consultants and to purchase equipment. In September the Comptroller's 
Office filed a legal complaint with the Prosecutor's Office against the 
minister and others allegedly responsible for improperly administering 
the donation.
    Previous investigations of two former presidents, Rafael Angel 
Calderon and Miguel Angel Rodriguez, resulted in indictments for 
separate and unrelated earlier cases of corruption. In the Calderon 
case, the trial began on November 3. In the Rodriguez case, a trial 
date was pending.
    The law provides for public access to government information, and 
the Government generally respected this right. Government institutions 
published reports that detailed the year's activities. The Ombudsman's 
Office operated a Web page dedicated to enhancing transparency by 
improving citizens' access to public information. On September 5, the 
Constitutional Chamber of the Supreme Court required the Government to 
give journalists information concerning negotiations for the purchase 
of Costa Rican bonds by China.
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.
    The Ombudsman's Office has six regional offices and more than 150 
staff to oversee government action or inaction that affects citizens' 
rights and interests. The ombudsman is accountable to the Legislative 
Assembly, which appoints him or her to a four-year term and funds 
office operations. The ombudsman participates in the drafting and 
approval of legislation, promotes good administration and transparency, 
and reports annually to the assembly with nonbinding recommendations. 
The position carried a strong moral and symbolic weight in the country.
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 these prohibitions effectively.

    Women.--The law criminalizes rape and provides penalties from 10 to 
18 years in prison for rape and two to 10 years in prison for statutory 
rape. The length of the sentence depends on a victim's age and other 
factors, such as an assailant's use of violence or position of 
influence over the victim. The judiciary effectively enforced the rape 
law and provided due process for both victim and defendant. According 
to the autonomous National Institute for Women (INAMU), the rape law 
applies to spousal rape, although spousal rape cases in practice were 
much more difficult to prove.
    Authorities acknowledged that many known rape cases were not 
investigated due to reluctance by the victim or family of the victim to 
press charges against the perpetrator. According to the judicial 
branch's statistics office, 413 cases were tried during 2007, with 180 
persons sentenced for rape or attempted rape.
    The Government continued to identify domestic violence against 
women and children as a serious and growing societal problem. The law 
prohibits domestic violence and provides measures for the protection of 
domestic violence victims. Criminal penalties range from 10 to 100 days 
in prison for aggravated threats and up to 35 years in prison for 
aggravated homicide, including a sentence of 20 to 35 years for men who 
kill their partners. If the offender has no violent criminal record and 
the sentence received is less than three years' imprisonment, the law 
also provides for alternative sanctions, such as weekend detentions, 
and assistance, such as referrals for social services. In October the 
Constitutional Chamber of the Supreme Court declared unconstitutional 
two articles of this law that punished physical and emotional violence 
against women, citing vagueness in their wording. Protection from minor 
injuries continues under the criminal code.
    INAMU reported that 37 women and girls were killed in incidents of 
domestic violence during the year, compared with 16 victims in 2007 and 
35 victims in 2006. INAMU maintained a domestic abuse hotline connected 
to the 911 emergency system and provided counseling to 6,263 women. 
According to the judicial branch's statistics office, in 2007 
authorities opened 5,145 cases of domestic violence throughout the 
country.
    The public prosecutor, police, and ombudsman had offices dedicated 
to domestic violence problems.
    Prostitution is legal for persons age 18 and above and was 
practiced openly throughout the country, particularly in areas with 
heavy concentrations of foreign tourists. The penal code prohibits 
individuals from promoting or facilitating the prostitution of persons 
of either sex, regardless of the person's age, and the penalty is 
increased if the victim is less than 18 years old. There are no 
specific laws against sex tourism, which was growing; however, law 
enforcement agencies initiated investigations under existing 
legislation. The Government and several advocacy groups also continued 
awareness campaigns publicizing the dangers of sex tourism and its 
association with child sexual exploitation.
    The law prohibits sexual harassment in the workplace and 
educational institutions, and the Ministry of Labor and Social Security 
generally enforced this prohibition. The law imposes penalties ranging 
from a letter of reprimand to dismissal, with more serious incidents 
subject to criminal prosecution. The Ombudsman's Office received 108 
complaints of sexual harassment in the workplace during the year.
    The law prohibits discrimination against women and obligates the 
Government to promote political, economic, social, and cultural 
equality. The Government maintained offices for gender issues in most 
ministries and parastatal organizations. The Labor Ministry was 
responsible for investigating allegations of gender discrimination. 
INAMU implemented programs that promoted gender equality and publicized 
the rights of women.
    In August the Constitutional Chamber of the Supreme Court ruled 
that pregnant women who are required to pay alimony must comply; 
however, pregnant women and women in the first 12 months after giving 
birth cannot be arrested for not complying with an alimony order.
    In July the Census Institute reported that women represented 39.1 
percent of the labor force. Approximately 4.2 percent worked in 
agriculture, 13.1 percent in manufacturing, and 82.7 percent in the 
service sector. According to a 2007-08 UN Development Program (UNDP) 
report, women occupied 40 percent of professional and technical 
positions and 25 percent of high-level legislative, senior official, 
and managerial positions. The law requires that women and men receive 
equal pay for equal work; however, the UNDP report estimated that 
earned income for women was approximately 53 percent of earned income 
for men. This proportion reflected the fact that most women's jobs were 
in traditionally lower-paid sectors (domestic and clerical rather than 
professional or industrial).

    Children.--The Government was committed to children's rights and 
welfare through systems of public education and medical care.
    Abuse of children remained a problem. For 2007 the judicial 
branch's statistics office reported 742 cases of sexual abuse of 
minors, with 335 perpetrators convicted. Of these, 29 cases involved 
sex with minors, six involved cases of sex with minors with payment 
involved, and five involved the sexual corruption of minors. From 
January 1 to June 30, the autonomous National Institute for Children 
(PANI) assisted 1,488 children and adolescents, including 951 cases of 
physical abuse and 537 cases of sexual abuse. Traditional attitudes and 
the inclination to treat sexual and psychological abuse as misdemeanors 
occasionally hampered legal proceedings against those who committed 
crimes against children.
    The Government, security officials, and child advocacy 
organizations acknowledged that commercial sexual exploitation of 
children remained a serious problem. PANI estimated that a significant 
number of children suffered from commercial sexual exploitation. Street 
children in the urban areas of San Jose, Limon, and Puntarenas were 
particularly at risk. During the first six months of the year, PANI 
reported that it provided assistance to minors in 62 separate cases of 
commercial sexual exploitation. The law against commercial sexual 
exploitation includes sanctions for possession of child pornography, 
greater protection of children less than 14 years old, and an extended 
statute of limitations for child abuse. In addition PANI continued 
programs of integral care for children and adolescents at risk and in 
vulnerable situations, combined with a program to help adolescent 
mothers return to school. The Government identified child sexual 
tourism as a serious problem.
    There were occasional problems encountered in the registration at 
birth of children born of migrant parents (see Section 2.d.).

    Trafficking in Persons.--Although the law prohibits transnational 
human trafficking for purposes of prostitution or forced labor, 
including of minors, it does not adequately address internal 
trafficking of adults. Lack of a comprehensive antitrafficking law 
inhibited the Government's ability to prosecute and convict 
traffickers, and prosecutors were left to rely on several criminal 
statutes to bring traffickers to justice. There were reports that 
persons, particularly women and minors, were trafficked to, from, and 
within the country, most often for commercial sexual exploitation.
    Victims were trafficked to the country from Nicaragua, the 
Dominican Republic, Colombia, and Guatemala. While evidence suggested 
that most trafficked persons apparently remained in the country, 
according to the International Organization for Migration (IOM), at 
least one individual transited to Mexico, and a historical pattern 
existed for victims to transit the country en route to the U.S., 
Canada, Europe, and occasionally other countries. Women and children 
were trafficked within the country for sexual exploitation; men, women, 
and children also were trafficked within the country for forced labor 
as domestic servants, agricultural workers, and workers in the fishing 
industry. Traffickers often lured victims, generally from impoverished 
backgrounds, with a promise of secure employment and good pay.
    The law explicitly criminalizes the transnational trafficking of 
persons for the purpose of prostitution or forced labor with a three- 
to six-year prison sentence, which can increase to four to ten years 
under aggravated circumstances. Prosecution of domestic trafficking 
cases was limited to crimes-usually sex offenses-that are addressed in 
specific statutes, such as having sex with minors or pimping. The law 
provides sentences of between two and 10 years' imprisonment for anyone 
who engages in sex with a minor and between four and 10 years' 
imprisonment for managing or promoting child prostitution.
    As of November there were six active investigations of potential 
trafficking opened in the OIJ Trafficking Unit. In 2007 the OIJ opened 
seven new investigations into trafficking in persons and 14 cases of 
alien smuggling, but there was no new information available about the 
status of those investigations. According to the judicial branch's 
statistics office, in 2007 nine trafficking cases were opened and 
tried, two persons were sentenced, and seven persons were acquitted. In 
the 2007 case of trafficked Chinese nationals, authorities released the 
traffickers from custody after one year of preventive detention due to 
a lack of movement in the case.
    While there were limited formal mechanisms specifically designed to 
aid trafficking victims, PANI provided temporary shelter services to 
minors that included integrated wellness and education programs. 
Through INAMU the Government provided emergency medical care, shelter, 
and legal and psychological assistance to adult victims. In one case 
the Government acted quickly to intercept a victim en route to 
Nicaragua and provided her with assistance.
    Government agencies responsible for combating trafficking and child 
sexual exploitation include the special prosecutor on domestic violence 
and sex crimes, PANI, the Foreign Ministry, the Labor and Social 
Security Ministry, the Public Security Ministry, the Tourism Ministry, 
the General Directorate of Immigration, and the OIJ, which in June 
established a trafficking unit with staff and office space.
    The Government acknowledged the serious nature of the problem of 
human trafficking, especially the sexual exploitation of minors. 
Campaigns against child sex tourism continued, as did television and 
radio spots and billboard notices designed to warn young women of the 
dangers of commercial sexual exploitation. The Government had a 
national hotline for potential victims to receive information about 
trafficking and referred cases to PANI or to INAMU. In March INAMU and 
the IOM launched an antitrafficking campaign geared toward adult women, 
which resulted in reporting of cases and government protection of 
victims. In October the Government's National Coalition against 
Trafficking launched an antitrafficking media campaign with the UN 
Children's Fund (UNICEF).
    The Government's 2008-10 National Plan of Action against Commercial 
Sexual Exploitation of Minors, which incorporates some of the 
recommendations by the UN Committee on the Rights of the Child, 
remained in effect.
    The National Coalition against Trafficking, headed by the vice 
minister of public security and composed of governmental institutions 
and NGO observers, developed a formal victim referral and assistance 
mechanism; provided antitrafficking training to police, border guards, 
consuls, and personnel from other institutions; and drafted language to 
reform the penal code to make internal trafficking a crime. With help 
from UNICEF, the police academy incorporated antitrafficking training 
into its curriculum.
    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 in 
employment, education, health care access, or provision of other state 
services, and there were no reports of such practices in education or 
in the provision of other state services. However, the Ombudsman's 
Office reported that, due to poor facility access and entrenched 
business practices, employment discrimination occurred.
    Although a 1996 law mandates access to buildings for persons with 
disabilities and established a 10-year deadline to make necessary 
installations and upgrades, the Government did not enforce this 
provision in practice, and many buildings remained inaccessible to 
persons with disabilities. Public transportation services improved 
access slightly for persons using wheelchairs. The Ministry of Public 
Transportation completed an accessibility manual during the year. As of 
September the Ombudsman's Office received and investigated 33 
complaints about violations of the law that protects equal 
opportunities for persons with disabilities.
    The Ministry of Education continued to operate a program for 
persons with disabilities, including a national resource center that 
provided parents, students, and teachers with advanced counseling, 
training, and information services. There were 25 special education 
centers exclusively to assist special education students and students 
with disabilities, two more inside state hospitals, and an additional 
institute for the blind. In addition, 1,987 schools had programs to 
provide some support to students with disabilities, and the ministry 
provided special education to 14,236 students who registered in March.

    National/Racial/Ethnic Minorities.--According to the 2000 census, 
the country's population included 72,784 blacks, who mostly resided in 
the province of Limon and who enjoyed full rights of citizenship, 
including the protection of laws against racial discrimination. During 
the year there were two reports to the Ombudsman's Office of racial 
discrimination against blacks. Approximately 6 percent of the resident 
black population was foreign born.
    There were sporadic reports of discrimination, usually directed 
against Nicaraguans, but there were no government-endorsed patterns of 
discrimination.
    Undocumented immigrants received medical care, including prenatal 
and maternity care, at public health centers. However, they sometimes 
were denied discretionary or long-term medical care because they were 
not participants in the national health care insurance program.

    Indigenous People.--The 2000 census recorded 63,876 indigenous 
persons from eight ethnic groups, accounting for 1.68 percent of the 
population. While indigenous persons were not subject to official 
discrimination, social and health network gaps diminished their quality 
of life. The Ombudsman's Office attributed this to a lack of social 
development policies.
    Seventy-three percent of the indigenous population lived in 
traditional communities on 24 reserves, which because of their remote 
locations often lacked access to schools, health care, electricity, and 
potable water. The Housing Ministry estimated that only 27 percent of 
the indigenous population lived in homes considered to be in good 
condition, mainly due to reluctance to move from huts into more modern 
housing. Few government health care facilities were established in 
indigenous reserves. The law nominally protects reserve land as the 
collective, nontransferable property of the indigenous communities. 
Some indigenous landowners, however, illegally sold their land to 
nonindigenous persons to pay off debts. The Ombudsman's Office unit 
dedicated to investigating violations of the rights of indigenous 
persons sought to return reserve land to indigenous groups. As of 
December the Ombudsman's Office received 13 complaints of 
discrimination against indigenous rights, including problems related to 
documentation; community development; and the right to be consulted 
about national legislation that might affect indigenous life, 
territories, or culture.
    At year's end nonindigenous property owners continued to hold title 
to land on approximately 40 percent of the reserves legally set aside 
for indigenous occupation. The law requires that the Government 
purchase all preexisting land titles within the reserves in order to 
secure exclusive use and ownership rights for indigenous populations.

    Other Societal Abuses and Discrimination.--There are no laws 
prohibiting discrimination against persons based on sexual orientation. 
As of December the Ombudsman's Office reported receiving one complaint 
of discrimination based on sexual orientation; the Ombudsman's Office 
ruled in favor of the institution involved. At year's end a law 
recognizing same-sex marriage was under discussion in the legislature.
    Discrimination based on HIV/AIDS is prohibited by law and by 
presidential decree in health care, employment, and education. The 
Ombudsman's Office received one complaint of a breach of patient 
confidentiality during the year; the claim was dismissed because it 
could not be substantiated.
Section 6. Worker Rights
    a. The Right of Association.--The law specifies the right of 
workers to join unions of their choosing without prior authorization, 
and workers exercised this right in practice. The law also provides for 
the right not to join a union or to leave a union and prohibits 
infringement of that right. In July 2007 the Ministry of Labor and 
Social Security reported that approximately 16 percent of workers were 
unionized in 862 active and inactive unions, 244 of which the 
International Labor Organization (ILO) labeled as active.
    Due to complex filing procedures and the lack of oral hearing 
procedures, labor grievances continued to move extremely slowly in the 
courts. The ILO and unions reported that antiunion activity cases took 
several years to reach judgment. For example, the FERTICA fertilizer 
workers' union case involving illegal terminations of union leaders and 
members has not been resolved in almost 10 years. In May the Inter-
American Commission on Human Rights heard this case, including 
government commitments to resolve it, but there has been no visible 
progress.
    Government conciliation centers, designed to resolve conflicts 
without having to hire a lawyer and to remove some cases from 
overcrowded court dockets, covered some areas including labor disputes. 
The Labor Ministry's Center for Alternative Resolution of Conflicts 
handled 1,144 cases during the first six months of the year, 45.7 
percent of which resulted in an agreement between the parties. During 
2007 the Labor Ministry's Labor Affairs Directorate provided individual 
conciliation assistance and handled 1,460 hearings, which resulted in 
588 mediation agreements. On March 12, the Supreme Court approved the 
creation of a conciliation center in the judicial branch to promote 
dispute resolution. Trade unionists reported, however, that workers 
were disadvantaged in conciliation forums, because they did not have 
legal counsel and lacked power vis-a-vis employers. Unions asserted 
that in these proceedings, employer positions essentially were imposed 
on workers.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, unions complained of burdensome 
administrative requirements for a strike to be legal. The law requires 
that at least 60 percent of the workers in an enterprise support strike 
action; this requirement is considered excessive by ILO standards 
according to the International Trade Union Confederation's annual 
report released during the year. Restrictions on the right to strike 
apply only to essential services that concern the national economy or 
public health. Unions argued, however, that the Government's broad 
definition of ``essential services'' denied many workers the right to 
strike.

    b. The Right to Organize and Bargain Collectively.--Workers 
exercised the constitutional right to organize and the right to 
voluntary collective bargaining. However, unions were concerned by a 
perceived pattern of firing employees who wanted to unionize. Foreign 
nationals are expressly prohibited from exercising direction or 
authority in unions.
    Trade union leaders contended that the existence of worker 
``solidarity associations'' in many enterprises displaced unions and 
discouraged collective bargaining. The law prohibits these non-dues-
collecting associations, which often were organized by employers, from 
representing workers in collective bargaining negotiations or in any 
other way that assumes the functions or inhibits the formation of trade 
unions. As of September solidarity associations had approximately 
352,000 members, the majority in the private sector. The Labor Ministry 
reported in August 2007 that 8.3 percent of the workforce was covered 
by collective bargaining agreements.
    The ILO stated that solidarity associations in the country were 
unique and presented an ongoing area of concern for its Committee of 
Experts. According to the ILO, such associations, to the extent that 
they displace trade unions and discourage collective bargaining, 
contravened the ILO convention that establishes the total independence 
of workers' organizations from employers in exercising their union 
activities. The ILO noted that these associations were dependent on a 
financial contribution from the relevant employer and were financed by 
both workers and employers.
    Labor unions accused solidarity associations of receiving direct 
financial assistance from employers, of permitting employers to be 
involved in internal association processes, and of conducting 
negotiations, and accused employers of requiring membership in a 
solidarity association as a condition for employment in a number of 
enterprises in the country.
    The law requires employers to initiate the bargaining process with 
a trade union if at least 34 percent of the workforce requests 
collective bargaining; the Government enforced this law in practice.
    Although private sector unions have the legal right to engage in 
collective bargaining with employers, ``direct bargaining 
arrangements'' between employers and unorganized workers occurred more 
commonly. During the year, at the request of the Committee of Experts, 
the ILO studied the apparent disproportion between the numbers of 
direct bargaining arrangements (``arreglos directos'') and of 
collective agreements in the private sector and concluded that the 
former did not result from balanced negotiations of two independent, 
adequately equipped parties. According to the ILO, the direct 
arrangements could not be qualified as bargaining and therefore 
contradicted Convention No. 98.
    A 2008 Observation by the ILO Committee of Experts found the 2006 
action by the Constitutional Chamber of the Supreme Court, repealing 
sections of collective bargaining agreements between public sector 
unions and government agencies, to have contravened Convention No. 98. 
The court had stated that some fringe benefits received by certain 
public employees were disproportionate and unreasonable.
    There are no special laws or exemptions from regular labor laws in 
export processing zones (EPZs). Labor unions alleged, however, that 
virtually every effort of EPZ workers to organize was met by illegal 
terminations of activists, threats, intimidation, and ultimately 
severances of workers under conditions of desperation and duress. 
Unions also claimed that employers in the zones maintained blacklists 
of workers identified as activists. Unions reported systemic violations 
of labor rights and provisions concerning working conditions, overtime, 
and wages in the EPZs. The ILO, confirming it found no trade unions 
operating in the country's EPZs, identified them as a hostile 
environment for organizing.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides special occupational protection for minors and establishes 
a minimum working age of 15 years. Adolescents between the ages of 15 
and 18 may work for a maximum of six hours daily and 36 hours weekly 
with special permission from PANI. The law prohibits night work and 
overtime for minors. Activities considered to be unhealthy or hazardous 
typically require a minimum age of 18. In addition working minors are 
entitled to attend educational establishments through school 
arrangements and timetables adapted to their interests and employment 
conditions and to participate in apprenticeship training programs. 
According to the ILO, however, working minors ages 15 to 18 sometimes 
received less than the minimum wage, which was corroborated by the 
chief of the Labor Ministry's Office for the Eradication of Child Labor 
(OATIA).
    The Labor Ministry, in cooperation with PANI, generally enforced 
these regulations effectively through inspections in the formal sector; 
the regulations were not enforced effectively in the informal labor 
sector as a result of inadequate resource allocations by the 
Government.
    Child labor was a problem mainly in the informal agricultural, 
fishing, construction, and service sectors of the economy, including 
among the indigenous population. For example, 80 percent of the Ngobe-
Bugle group migrated from Panama for seasonal work; since all members 
of families traveled together, some of their children worked with the 
rest of the family, even though the Government offered schooling to 
children of migrants. Child labor also was used in domestic work and 
family-run enterprises. Child prostitution and other types of child 
sexual exploitation remained serious problems.
    The OATIA, responsible for coordinating government efforts targeted 
at child labor, developed vocational training programs for teenagers 
who previously worked in dangerous jobs in the Caribbean and northern 
regions of the country. The OATIA continued conducting seven projects 
in coordination with public and private institutions. These projects 
were geared toward improving life and work conditions of indigenous and 
migrant groups, eradicating child labor, and protecting at-risk 
children and adolescents. The ILO's International Program on the 
Elimination of Child Labor continued operating as part of a seven-year 
regional effort to combat commercial sexual exploitation of children.

    e. Acceptable Conditions of Work.--The law provides for a minimum 
wage set by the National Wage Council and updated annually. Monthly 
minimum wages for the private sector ranged from 107,883 colones ($192) 
for domestic employees to 397,665 colones ($709) for university 
graduates. The Labor Ministry effectively enforced minimum wages in the 
San Jose area but generally was not effective in enforcing the wage 
laws in rural areas, particularly those where large numbers of migrants 
were employed. The national minimum wage did not provide a decent 
standard of living for a worker and family.
    The constitution sets workday hours, overtime remuneration, days of 
rest, and annual vacation rights. Workers generally may work a maximum 
of 48 hours weekly. While there is no statutory prohibition against 
compulsory overtime, the labor code stipulates that the workday may not 
exceed 12 hours. Nonagricultural workers receive an overtime premium of 
50 percent of regular wages for work in excess of the daily shift. 
However, agricultural workers did not receive overtime pay if they 
worked voluntarily beyond their normal hours. Hourly work regulations 
were enforced generally in the formal labor market in San Jose but 
poorly in rural areas and in the informal sector.
    Labor unions reported overtime pay violations and mandatory 
overtime as common in the private sector and particularly in EPZ 
industries. Unions alleged that overtime was required to preserve 
employment and that mandatory overtime was a form of forced labor, 
especially when combined with violations of premium payment 
requirements for overtime work. Unions claimed that in some cases 
workers received no payment for some of their required overtime work.
    While the labor and health ministries shared responsibility for 
drafting and enforcing occupational health and safety standards, they 
did not enforce these standards effectively. The law requires 
industrial, agricultural, and commercial firms with 10 or more workers 
to establish a joint management-labor committee on workplace conditions 
and allows the Government to inspect workplaces and fine employers for 
violations. Most firms established such committees but did not use them 
effectively.
    Although resource constraints continued to hinder the Labor 
Ministry Inspection Directorate's ability to carry out its inspection 
mandate, there were 3,006 inspections conducted in the first half of 
the year compared with 4,528 inspections in all of 2007. Workers who 
consider a work condition to be unhealthy or unsafe must make a written 
request for protection from the labor or health ministries in order to 
remove themselves from the condition without jeopardizing their 
employment.
    Although labor unions acknowledged that the relevant ministries 
required additional resources and capacity to enforce labor rights and 
laws, they attributed noncompliance with labor standards, failures to 
inspect, and nonenforcement of laws more to a lack of political will 
and to the involvement of employers directly in solidarity associations 
and less to a shortage of resources or capacity.

                               __________

                                  CUBA

    Cuba, with a population of approximately 11.2 million, is a 
totalitarian state formally led by President Raul Castro. In 2006 
General Castro was granted provisional control of the Government by his 
brother, Fidel Castro, who officially resigned as president on February 
19. On February 24, the National Assembly unanimously elected Raul 
Castro to succeed his brother as chief of state, president, and 
commander in chief of the Armed Forces. Fidel Castro remains officially 
the first secretary of the Communist Party (CP). In the January 20 
elections for the National Assembly, which were neither free nor fair, 
the CP won as much as 98 percent of the vote and 606 of the 614 seats 
in the National Assembly. The Ministry of the Interior exercises 
control over police, the internal security forces, and the prison 
system.
    The Government continued to deny its citizens their basic human 
rights and committed numerous, serious abuses. The Government denied 
citizens the right to change their government. At year's end there were 
at least 205 political prisoners and detainees. As many as 5,000 
citizens served sentences for ``dangerousness,'' without being charged 
with any specific crime. The following human rights problems were 
reported: beatings and abuse of detainees and prisoners, including 
human rights activists, carried out with impunity; harsh and life-
threatening prison conditions, including denial of medical care; 
harassment, beatings, and threats against political opponents by 
government-recruited mobs, police, and State Security officials; 
arbitrary arrest and detention of human rights advocates and members of 
independent professional organizations; denial of fair trial; and 
interference with privacy, including pervasive monitoring of private 
communications. There were also severe limitations on freedom of speech 
and press; denial of peaceful assembly and association; restrictions on 
freedom of movement, including selective denial of exit permits to 
citizens and the forcible removal of persons from Havana to their 
hometowns; restrictions on freedom of religion; and refusal to 
recognize domestic human rights groups or permit them to function 
legally. Discrimination against persons of African descent, domestic 
violence, underage prostitution, trafficking in persons, and severe 
restrictions on worker rights, including the right to form independent 
unions, 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.--The Government or 
its agents were not known to have committed any politically motivated 
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 abusive treatment of detainees and 
prisoners; however, members of the security forces sometimes beat and 
otherwise abused human rights and pro-democracy advocates, detainees, 
and prisoners, and did so with impunity.
    Although physical torture was rare, authorities beat, harassed, and 
made death threats against dissidents, both inside and outside of 
prison. Many were detained repeatedly, interrogated, and threatened 
with physical harm to themselves and their families. Some detainees and 
prisoners endured physical abuse, sometimes by other inmates with the 
acquiescence of guards, or long periods in isolation or punishment 
cells. Political prisoners and detainees who refused to wear the prison 
uniform or take part in ``reeducation'' activities were targeted for 
mistreatment.
    Political prisoner Tomas Ramos Rodriguez, released on June 16 after 
18 years' imprisonment, stated that in the Combinado de Este prison in 
Havana Province, prison authorities beat prisoners with truncheons on a 
near-daily basis with impunity. Families of prisoners continued to 
report that prison staff sometimes goaded inmates with promises of 
rewards to beat a political prisoner.
    The Government continued to subject persons who disagreed with it 
to ``acts of repudiation,'' although these incidents, especially those 
that occurred in front of the homes of dissidents, continued to show a 
marked decline. The Government targeted dissenters by directing 
militants from the CP, the Union of Communist Youth (UJC), Committees 
for the Defense of the Revolution (CDRs), the Federation of Cuban 
Women, the Association of Veterans of the Cuban Revolution, and other 
groups and individuals to stage public protests against the dissidents, 
usually in front of their homes. Participants shouted insults and 
obscenities. Mobs sometimes damaged the victim's home or property and 
occasionally assaulted the victim or his relatives. Leading dissidents, 
such as Martha Beatriz Roque, continued to receive death threats. 
Although the Government characterized acts of repudiation as 
spontaneous, undercover police and State Security agents were often 
present and clearly directed the activities, for example by threatening 
neighbors with job loss if they did not participate. The Government did 
not detain any participants in acts of repudiation, even those who 
physically attacked the victim, nor did police respond to victims' 
complaints.
    In February Rodolfo Martinez Vigoa, a physician, complained to the 
Ministry of Public Health about the condition of the local health 
clinic in Artemisa as well as the salaries of its employees. On March 
7, approximately 300 persons arrived at Martinez's house and shouted 
insults, calling him a traitor and a counterrevolutionary. The 
Government later stripped Martinez of his medical license.
    In some cases local authorities put psychological pressure on 
dissidents. On July 4, prodemocracy activist Antonio Chelanes Cruz was 
taken in handcuffs from his home, although he offered no resistance. 
The local police chief reportedly stated that Chelanes Cruz would be 
prosecuted for ``dangerousness'' unless he ceased his activities for 
the opposition group New Republic. On July 11, the local police chief 
brought Chelanes Cruz before a group of neighbors and stated that 
Chelanes Cruz was opposed to society, lazy, and a counterrevolutionary 
and warned that he could be imprisoned at any time.
    Children of dissidents were routinely refused entry into 
universities and reported that teacher and school administrators 
insulted them and labeled them as counterrevolutionaries in front of 
classmates.

    Prison and Detention Center Conditions.--Prison conditions 
continued to be harsh and life threatening. Conditions at approximately 
200 detention facilities and jails were even worse, with cells that 
were routinely vermin infested and lacked water, sanitation facilities, 
adequate ventilation, and lighting. Many prisoners spent months in 
isolation in narrow, dark punishment cells. The Cuban Commission for 
Human Rights and National Reconciliation (CCDHRN) stated that inmates 
reported widespread overcrowding, especially in maximum security 
prisons. Many cells were damp and subject to temperature extremes, 
provoking serious respiratory problems and arthritis. Authorities also 
often denied medical treatment, family visitation, adequate nutrition, 
exposure to natural light, pay for prisoners' work, and the right to 
petition the prison director.
    Health conditions and hygiene at prisons were very poor. Many 
prisoners, such as Tomas Ramos Rodriguez, released in June after 
serving 17 years, said that cell floors had standing pools of water 
contaminated with sewage. There were several reports that toilets were 
essentially wooden platforms above an open sewer, with no process for 
treating the waste. Family members reported widespread serious disease 
and illnesses among political prisoners, for which the prison staff 
sometimes withheld treatment. Digestive disorders, dengue fever, and 
outbreaks of skin diseases caused by contaminated water were frequent. 
The family of political prisoner Ariel Sigler Amaya stated that a 
doctor diagnosed him as suffering from a variety of serious medical 
conditions due to malnutrition. According to the local NGO Council of 
Rapporteurs of Human Rights in Cuba (CRDHC), in March and April several 
inmates in Quivican prison died in a tuberculosis outbreak. A former 
female political prisoner stated that in the Provincial Women's Prison 
in Havana, tuberculosis outbreaks were common and that prisoners with 
tuberculosis were put in the same infirmary as pregnant inmates. The 
CRDHC maintained that the prison authorities did little to prevent or 
treat the disease. The CRDHC documented during the year several cases 
of prisoners who died of heart attacks and acute asthma attacks after 
pleading unsuccessfully for assistance for several hours. Frequently 
prisoners, including Tomas Ramos Rodriguez, extracted their own teeth 
because authorities refused to arrange dental visits.
    The CRDHC reported several suicides of prisoners every month in 
prisons and detention centers, but the Government did not reveal 
information on this subject.
    The Government placed some mentally healthy prisoners in cells with 
mentally disturbed inmates.
    Some inmates resorted to self-mutilation, often to seek a transfer 
to a prison closer to family or to protest prison conditions. On July 
18, Juan Carlos Herrera Acosta, one of the journalists arrested in 2003 
and held in Holguin Provincial Prison, began a protest hunger strike by 
sewing his mouth shut. On July 31, prison authorities subdued him and 
removed the stitches.
    Prison food often was inedible, and food from outside was essential 
to meet nutritional needs. Prisoners' typical diet consisted of 
undercooked rice that was often infested with worms or a mash made of 
soybeans and a very small amount of meat. Prisoners' relatives 
ostensibly were allowed to bring them 30 to 40 pounds of food at two to 
three-month intervals, but families reported that prison guards often 
prevented food deliveries. Typically, water for drinking, bathing, and 
flushing the hole in the cell floor that served as the common toilet 
was contaminated, for example, with visible parasites.
    Overcrowding was common. Typically, 40 inmates shared quarters 
meant for 30, so that many inmates had to sleep on bare concrete 
floors. Ana Rosa Ledea Rios, imprisoned in 2003 and released in 2007, 
stated in September that for more than 18 months she was confined with 
two other inmates to a cell approximately six feet in length and four 
feet wide, in which they ate all of their meals.
    Sexual assault occurred at prisons. Reports suggested that there 
was a higher rate of incidence of sexual assault at female prisons. 
Former political prisoners speculated that the disparity in the rate of 
sexual assaults was due to assaults by other female prisoners as well 
as male guards, and because the prison community typically did not 
tolerate forced participation in male homosexual activity. When such 
assaults occurred in either male or female prison facilities, guards 
frequently looked the other way and failed to punish perpetrators.
    The Government did not release information on the treatment of 
minors at either youth or adult prisons or detention centers.
    Families of prisoners stated that other than some novels, they were 
unable to deliver reading material to the inmates. Prison officials 
regularly denied prisoners other rights, such as the right to 
correspondence.
    The Government sometimes denied political detainees and prisoners 
pastoral visits. However, detainees stated that authorities 
increasingly honored written requests to see a Catholic priest.
    Many political prisoners were serving sentences in prisons located 
long distances from their home provinces, increasing their and their 
families' sense of isolation. However, during the year the Government 
transferred seven of the political prisoners arrested in 2003 to 
facilities in their home provinces. In July prison authorities granted 
Luis Milan Fernandez, one of the 75 dissidents arrested in 2003, a 
weekend pass to visit his family. In September authorities allowed 
Oscar Biscet, another of the dissidents incarcerated in 2003, a four-
hour escorted bereavement visit.
    The Government did not permit independent monitoring of prison 
conditions by international or national human rights groups. The 
Government did not permit access to political detainees by 
international humanitarian organizations. The Government has not 
granted prison visits by the International Committee of the Red Cross, 
Amnesty International, or Human Rights Watch since 1988.

    d. Arbitrary Arrest or Detention.--Although prohibited by law, the 
Government effectively and frequently used arbitrary arrest and 
detention to harass opponents.

    Role of the Police and Security Apparatus.--The Ministry of the 
Interior exercises control over police, the internal security forces, 
and the prison system. The National Revolutionary Police (PNR) is the 
primary law enforcement organization and generally was effective in 
investigating common crimes. Specialized units of the Ministry of the 
Interior's State Security service are responsible for monitoring, 
infiltrating, and suppressing opposition political groups. The PNR 
played a supporting role by carrying out house searches and provided 
interrogation facilities for State Security agents.
    Members of the security forces acted with impunity in committing 
numerous, serious human rights abuses. While the PNR ethics code and 
Ministry of the Interior regulations ban police brutality, the 
Government did not announce any investigations into police misconduct 
during the year. Corruption was a problem. Human rights groups stated 
that because so much economic activity was illegal, and so many 
citizens worked in the informal economy to survive, policemen 
frequently used the threat of arrest to coerce bribes and kickbacks. 
Former political prisoner and prodemocracy activist Francisco Chaviano 
documented several cases in which the police assisted a prostitute in 
renting a room in a private home and then evicted the residents and 
confiscated the property, accusing the residents of being involved in 
``trafficking of persons.''
    CP officials and leaders of neighborhood CDR branches lack formal 
law enforcement powers but wielded considerable authority and often 
used it to mobilize action against anyone criticizing the Government or 
its leaders.

    Arrest and Detention.--The law places few formal limits on police 
discretion to stop or interrogate citizens. Police street surveillance 
was heavy, and police frequently and randomly stopped cars and 
pedestrians for questioning. There are no formal protections under the 
law to protect citizens from these investigative stops, and there were 
many reports that such stops increased during the year.
    Police have broad detention powers, which they may exercise without 
a warrant. Under the law, police can detain without a warrant not only 
persons caught in the act but also someone merely accused of a crime 
against state security. Police by law cannot conduct a search without a 
warrant, but both the CCDHRN and human rights lawyer Rene Gomez Manzano 
reported that police always had available a supply of signed and 
stamped blank warrants that they merely filled out on the spot.
    The criminal process begins with the filing of a criminal complaint 
by either a citizen or a police officer. By law, after an arrest police 
have 24 hours to present the complaint to a police official called an 
instructor. The instructor then has 72 hours to investigate and prepare 
a report for the prosecutor. The prosecutor then has an additional 72 
hours to decide whether to proceed with criminal charges. By law, after 
this 14.--hour period, the person under arrest either should be charged 
or released, but in practice officials often delayed the process by 
repeatedly calling for further investigation, a practice that is 
permitted under the law. After criminal charges are filed, a defense 
attorney has the right to review the charges against the accused. The 
law provides for access to a lawyer within seven days, and sources 
stated that this normally was honored in practice. However, a 
prosecutor can demand a summary trial, in which case an attorney often 
meets the client minutes before the hearing starts.
    Bail was available, although typically not in cases involving 
alleged antigovernment activity. Time in detention before trial counted 
toward time served if convicted. The law provides for detainees' prompt 
access to a lawyer; a public defender is appointed five days after the 
notification of a trial date to the defendant by the court if the 
defendant fails to name one. However, other provisions of the law 
permit delays in access to a lawyer while a case remains under 
investigation. The Government denied prisoners and detainees prompt 
access to family members.
    The authorities routinely engaged in arbitrary arrest and detention 
of human rights advocates. In most cases, dissidents were held for 
several hours and then released without charges. The CCDHRN confirmed 
1,500 such detentions during the year but suspected there were many 
more. There were 325 similar detentions in 2007. On January 30, the 
government-banned Assembly to Promote Civil Society reported that seven 
dissidents, including Jorge Luis Garcia Perez (Antunez) and his wife 
Iris Perez, were beaten and arrested in Santa Clara while trying to pay 
homage to the hero of Cuban independence, Jose Marti, as a form of 
protest against the Government. On April 21, 10 members of the Damas de 
Blanco (``Ladies in White'') gathered in a central Havana square to 
protest the continued imprisonment of family members who were among a 
large group arrested in 2003. They were met by a caravan of police 
officials, apprehended by force, placed onto buses, and removed from 
the area. On July 29, the political police and rapid response brigade 
prevented 20 dissidents from participating in a peaceful march in 
Holguin designed to be an act of solidarity with political prisoners of 
conscience. Angel Luis Tellez Aguilera, the vice president of the 
United Commission on Human Rights, was arrested, detained for several 
hours, and released without charges. On July 12, State Security 
detained dissident Francisco Chaviano and at least five other activists 
in Havana who were planning to attend a public demonstration.
    The law sets six months as the maximum period that a defendant can 
remain in prison before the case is brought to trial; however, if the 
prosecutor decides after charges are filed that the care requires more 
investigation, the case can be returned to the instructor. While the 
law outlines guidelines, it does not prescribe a time frame for the 
instructor to return the case to the prosecutor, and persons have been 
held without trial for several years after their cases had been 
returned to the instructor. At year's end dissident Vladimir Alejo 
Miranda had been in jail since February 2007 without charges being 
filed, and Ihosvani Suris de la Torre and Maximo Pradera Valdez had 
both been imprisoned without charges since 2001.
    Dissident Jorge Luis Garcia Perez (Antunez) was under virtual house 
arrest in his hometown of Placetas. Antunez was confined to his home at 
least once a month for several hours at a time, and detained in Havana 
and forcibly returned to Placentas throughout the year. After each 
detention, he was released without charges.

    e. Denial of Fair Public Trial.--While the constitution provides 
for independent courts, it explicitly subordinates them to the National 
Assembly of People's Power (ANPP) and the Council of State. The ANPP 
and its lower-level counterparts choose all judges. Thus, in practice 
the CP controlled the courts.
    Civilian courts existed at the municipal, provincial, and appellate 
levels. Panels composed of professionally certified and lay judges 
presided over them. Military tribunals, which were governed by a 
special law, assumed jurisdiction for certain ``counterrevolutionary'' 
cases. The military tribunals tried civilians if a member of the 
military, police, or any uniformed member of the Government was 
involved with civilians in a crime. In these tribunals there was a 
right to appeal and access to counsel, and the charges were made known 
to the defendant.

    Trial Procedures.--The courts restricted the right to a defense and 
often failed to observe due process rights nominally available to 
defendants. While most trials ostensibly were public, trials were 
closed when there were alleged violations of state security. Almost all 
cases were tried in less than one day; the law does not provide for 
jury trials. The law provides the accused with the right to an attorney 
and, except in cases involving state security, the right to consult an 
attorney in a timely manner. However, in (now relatively rare) cases 
where the prosecutor asked for a summary judgment, many defendants 
either had no defense attorney or met an attorney only minutes before 
the start of their trial. This was particularly true in cases involving 
charges of ``dangerousness.'' In November, in the wake of shortages 
after two devastating hurricanes, authorities arrested hundreds of 
individuals for activities such as unauthorized street vending and 
possession of construction materials. The judiciary sentenced several 
defendants to jail terms of one to four years in summary trials, many 
of which were held in police stations and not in courts of law. The 
Government's control over members of the lawyers' collectives 
compromised their ability to represent clients, especially those 
accused of state security crimes.
    Criteria for presenting evidence were arbitrary and discriminatory. 
A defendant's right to present witnesses was observed arbitrarily. 
Defense attorneys were given access to the police dossier and the 
prosecutor's written accusation-sometimes at, or minutes before-the 
trial. The law provides that all legally recognized civil liberties may 
be denied to anyone who ``actively opposes the decision of the people 
to build socialism.'' Government officials routinely invoked this 
authority to deny due process to persons detained on purported state 
security grounds. In cases involving ``state security,'' defense 
attorneys were not allowed access to the police files and the 
investigation by the prosecutor's office. Because of these constraints 
and because most trials last less than eight hours, defense attorneys 
often did not have time to arrange for testimony by defense experts.
    The penal code includes the concept of ``potential dangerousness,'' 
defined as the ``special proclivity of a person to commit crimes, 
demonstrated by his conduct in manifest contradiction of socialist 
norms.'' No proof is required for a conviction for this offense. The 
CCDHRN estimated that as many as 5,000 citizens, including 1,000 women, 
were in jail for this offense. The CCDHRN listed six new cases of 
political prisoners convicted of ``potential dangerousness'' during the 
year. However, authorities applied this law most frequently to young 
persons without political connections who refused to report to work 
centers because of the low salaries, to young women who engaged in 
prostitution, and to persons who repeatedly returned to Havana after 
being sent back to their home provinces.
    On August 25, Gorki Aguila Corrasco, a musician known for 
ridiculing the communist system and especially the Castro brothers, was 
arrested. On August 29, after a two-hour trial, he was convicted of 
public disorder, fined 600 pesos ($28), and released. The more serious 
charge of ``dangerousness'' against him was dismissed, but he was 
ordered to pay his fine in 300 weekly installments of 2 pesos (less 
than 10 cents), effectively placing him in parole status for more than 
five years.
    Prosecutors may introduce testimony from a CDR member about the 
revolutionary background of a defendant, which may contribute to a 
longer or shorter sentence. The law presumes defendants innocent until 
proven guilty, but authorities often ignored this presumption in 
practice. The law recognizes the right of appeal in municipal courts 
but limits it in provincial courts to cases involving lengthy prison 
terms or the death penalty. Appeals in capital cases are automatic. The 
Council of State must affirm capital punishment. On April 29, General 
Raul Castro commuted an unspecified number of death penalty cases to 
life imprisonment. The CCDHRN stated that this decision affected 30 
prisoners.

    Political Prisoners and Detainees.--The CCDHRN stated that the 
Government held at least 205 political prisoners and detainees at 
year's end, compared with 240 at the end of 2007. The convictions were 
for such offenses as disrespect of the head of state, disrespect and 
scorn of patriotic symbols, public disorder, and attempting to leave 
the country illegally. Other inmates were convicted of disseminating 
enemy propaganda, illicit association, clandestine printing, or the 
broad charge of rebellion, which sometimes has been brought against 
advocates of peaceful democratic change. For example, on February 2, 
police beat and detained human rights activist Mijail Capote Aranda for 
expressing antigovernment sentiments in the city of Manzanillo, Granma 
Province. A court sentenced him to three years in prison for 
``disrespect to the head of state'' and ``attack on police officers.''
    Authorities continued to use short-term detention at a greatly 
increased rate, instead of bringing charges for offenses that carry 
long prison terms. Dissidents frequently were threatened during the 
reporting period with prosecutions for ``dangerousness,'' although few 
were actually charged and sentenced. The number of convictions for 
``dangerousness'' still remained high during the reporting period, but 
most of those convicted were not politically affiliated.
    At year's end 55 of the 75 peaceful activists, journalists, union 
organizers, and opposition figures arrested and convicted in 2003, 
mostly on charges of violating national security and aiding a foreign 
power, remained in prison. On February 18, President Raul Castro 
released into exile four of the original 75 to Spanish authorities for 
humanitarian reasons.
    Mistreatment of political prisoners and detainees was widespread. 
Beatings were not uncommon. On May 20, guards at the Guantanamo 
Provincial Prison attacked Jose Daniel Ferrer Garcia as he attempted to 
telephone human rights activist Juan Carlos Gonzalez Leiva.
    Many political inmates were denied privileges given to ordinary 
prisoners, such as access to an exercise yard or sunshine. The 
Government continued to deny human rights organizations and the 
International Committee of the Red Cross access to political prisoners 
and detainees. Authorities denied visits to families of political 
prisoners and detainees. Prisoners in punishment cells had no access to 
lawyers.

    Civil Judicial Procedures and Remedies.--There is a judiciary for 
civil matters; however, these courts are utilized almost exclusively 
for family issues, such as divorce and child custody. Most torts 
provisions typically associated with civil courts are remedied in 
criminal court. The only way a citizen can seek redress for a human 
rights violation is to convince a prosecutor to file a criminal charge. 
The CCDHRN was not aware of any successful human rights-related 
prosecution during the year or of any damages ordered by any court in 
connection with a human rights case. In cases of police brutality or 
cases involving a member of the military, charges must be presented 
before a military tribunal. The CCDHRN stated that CP and government 
control of the prosecutors' offices and the court discouraged citizens 
from seeking legal redress.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--While the constitution provides for the inviolability 
of a citizen's home and correspondence, official surveillance of 
private and family affairs by government-controlled organizations, such 
as the CDRs, remained pervasive. The Government employed physical and 
electronic surveillance against nonviolent political opponents and 
interfered in the lives of citizens. The authorities employed a wide 
range of social controls to discover and discourage nonconformity.
    State Security routinely read correspondence coming from abroad. 
Most letters from overseas were delivered with the envelope obviously 
torn and resealed; many were placed in a different envelope. State 
Security monitored domestic and overseas telephone calls, 
correspondence, and conversations with foreigners. During the year a 
defector publicly stated that the Government has permanent taps on 
thousands of telephone lines and alleged that the Government monitored 
the telephone lines of foreign diplomats, foreign press, foreign 
businessmen, and local dissidents.
    State Security agents subjected journalists and foreign diplomats 
to harassment and surveillance, including electronic surveillance and 
surreptitious entry into their homes. Authorities also applied 
psychological pressure to former prisoners, one of whom reported that 
the Government painted ``Viva la Revolucion'' on his living room wall 
and was told that he would be arrested if he painted over it.
    Civil society organizations reported intensified government 
monitoring of dissidents. On August 25, three prominent dissidents, 
Martha Beatriz Roque, Vladimiro Roca, and Jorge Luis Perez Garcia 
(Antunez), filed a formal complaint before the attorney general, 
charging that their e-mails, telephone calls, personal videos, 
photographs, and other documents had been made public in both the 
written press and on television without their consent and in violation 
of the country's privacy laws. After 60 days elapsed, the three 
dissidents filed another complaint that the responsible official had 
broken the law by failing to respond within the time frame mandated by 
law. A judge determined that the case should be reviewed because of the 
severity of the accusation and sent the second complaint to the same 
office for action. By year's end no official action had been taken.
    There were numerous credible reports of forced evictions of 
squatters and residents who lacked official permission to reside in 
Havana and other major cities. An official government publication, 
Juventud Rebelde, stated on August 3 that since 2006 authorities had 
evicted more than 20,000 persons living in the vicinity of Havana in 
improvised squatter villages and sent them back to their home 
provinces.
    The Ministry of Interior employed a system of informants and CDR 
block committees to monitor and control public opinion. Several sources 
stated that in September, surveillance increased after hurricanes 
Gustav and Ike and State Security agents were positioned around 
farmers' markets to eavesdrop on any implied criticisms of the 
Government respecting food shortages. It was widely believed that State 
Security would attempt to identify such critics for possible future 
punishment. CDRs continued to report on suspicious activity, including 
conspicuous consumption; unauthorized meetings, including those with 
foreigners; and what it considered defiant attitudes toward the 
Government and the revolution.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press insofar as they ``conform to the 
aims of socialist society,'' a clause effectively barring free speech, 
and in practice the Government did not allow criticism of the 
revolution or its leaders. Laws against antigovernment propaganda, 
graffiti, and disrespect of officials impose penalties of between three 
months and one year in prison; criticism of the president or members of 
the ANPP or Council of State is punishable by three years in prison. 
Disseminating ``enemy propaganda,'' which includes expressing opinions 
at odds with those of the Government, is punishable by up to 14 years' 
imprisonment. The Government considered international reports of human 
rights violations and mainstream foreign newspapers and magazines to be 
enemy propaganda. Local CDRs inhibited freedom of speech by monitoring 
and reporting dissent or criticism.
    Catholic priests and other clergy were able to deliver sermons 
without prior government approval. Catholic Church officials were 
allowed to broadcast 15-minute radio programs on special occasions such 
as Christmas, as long as they did not have any political content.
    The Government considered print and electronic media to be state 
property. The Government owned and the CP controlled all media except 
for a number of underground newsletters. The Government operated four 
national television stations, six national radio stations, one 
international radio station, one national magazine, and three national 
newspapers. Additionally, it operated many local radio stations, 
television stations, magazines, and newspapers. All were official CP 
organs. Content was nearly uniform across all of these media; none 
enjoyed editorial independence. The regime vigorously prosecuted 
attempts to distribute unauthorized written, filmed, or photographed 
material. The law bars ``clandestine printing.'' The Government was the 
sole book publisher in the country, and with the exception of some 
Catholic Church publications, state censors required pre-publication 
approval.
    The Government subjected independent journalists to travel bans, 
detentions, harassment of family and friends, equipment seizures, 
imprisonment, and threats of imprisonment. State Security agents posed 
as independent journalists to gather information on activists and 
spread misinformation and mistrust within independent journalist 
circles. At least 25 journalists were in prison during the year.
    The law prohibits distribution of printed material from foreign 
sources. Citizens did not have the right to receive or possess 
publications from abroad, although newsstands at some hotels for 
foreigners and certain hard-currency stores sold limited numbers of 
foreign newspapers and magazines. In March demonstrators distributing 
copies of the Universal Declaration of Human Rights were attacked by a 
government-orchestrated mob and later detained. The Government 
continued to jam the transmissions of Radio Marti and Television Marti.
    The Government frequently barred independent libraries from 
receiving materials from abroad and seized materials donated by foreign 
diplomats.

    Internet Freedom.--The Government controlled nearly all Internet 
access. Authorities reviewed and censored e-mail. Authorities employed 
Internet search filters and also blocked access to Web sites they 
considered objectionable. Citizens could access the Internet only 
through government-approved institutions, except at Internet facilities 
provided by a few diplomatic offices. Despite the Government's March 21 
decision to permit citizens to purchase personal computers, access to 
the Internet was strictly controlled and given only to those deemed 
ideologically trustworthy. The only citizens granted direct Internet 
access were some government officials and certain government-approved 
doctors, professors, and journalists. The Government restricted 
Internet use in government offices, confining most officials to Web 
pages related to their work. In March and April authorities tightened 
Internet restrictions to block citizens' access to certain independent 
Web sites. Both foreigners and citizens were allowed to buy Internet 
access cards from the national telecommunications provider and to use 
hotel business centers, where Internet access can be purchased only in 
convertible pesos. Access usually costs between 128 and 288 convertible 
pesos ($5.76 to $12.51) an hour, a rate beyond the means of most 
citizens. The Government stated that less than 12 percent of the 
population used Internet services in 2007, a figure that included 
citizens who had access to the Government intranet only at work.
    The law requires all public Internet centers to register with the 
Government and permits the Ministry for Information Technology and 
Communications to control and supervise all such centers without prior 
warning.
    While the law does not provide for any specific punishments for 
Internet use, it is illegal to own a satellite dish that would provide 
uncensored Internet access. In December the Government instructed 
providers of public Internet access to block access to sites ``whose 
contents are contrary to social and moral interests and community 
standards'' or that ``affect the integrity or the security of the 
State.'' The same decree ordered Internet providers to prevent the use 
of encryption software and the transfer of material to encrypted files.
    On December 3, State Security agents warned blogger Yoani Sanchez 
against holding a planned conference of Cuban bloggers; despite hosting 
the conference, Sanchez had not suffered any consequences by year's 
end.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom and continued to emphasize the importance of 
reinforcing revolutionary ideology and discipline. Students are 
required to swear to follow the principles of the CP and to model their 
lives after Ernesto ``Che'' Guevara. Academics were prohibited from 
meeting with some diplomats without prior government approval, and 
those permitted to travel abroad were aware that their actions, if 
deemed politically unfavorable, could negatively impact their relatives 
back home.
    Dismissals of teachers and professors for political reasons 
occurred during the year. For example, on June 30, public school 
authorities dismissed physical education teacher Raul Velazquez Valdes 
for talking disrespectfully ``about the institutions of the republic 
and the heroes and martyrs of the country.'' However, independent 
academic Roberto de Miranda stated that the number of such dismissals 
during the reporting period was significantly lower than in previous 
years.
    Expulsions of university students for political reasons also 
declined during the year, but did occur. In March Nestor Perez Gonzalez 
was expelled from the law school of the University of Pinar del Rio for 
coauthoring an article on the transition to democracy in Spain for the 
online periodical Convivencia.
    Government-controlled public libraries required a government letter 
of permission for access to books or information.
    University admission was normally contingent upon whether a student 
participated in government-encouraged secondary school activities.

    b. Freedom of Peaceful Assembly and Association.--Although the 
constitution grants limited rights of assembly and association, these 
rights are subject to the requirement that they may not be ``exercised 
against the existence and objectives of the Socialist State.''

    Freedom of Assembly.--The law punishes any unauthorized assembly of 
more than three persons, including those for private religious services 
in private homes, by up to three months in prison and a fine. Civil 
society organizations reported intensified suppression of the right to 
assemble. The authorities have never approved a public meeting by a 
human rights group and detained activists for short periods at an 
increased rate compared with previous years to prevent activists from 
attending meetings, demonstrations, or ceremonies. The CCDHRN reported 
that temporary detentions increased from 325 in 2007 to more than 1,500 
during the year. The detentions appeared to coincide with planned 
meetings and demonstrations, including events at foreign diplomatic 
establishments.

    Freedom of Association.--The law specifically prohibits 
unrecognized groups, and the Government denied citizens freedom of 
association. Authorities have never approved the existence of a human 
rights group; however, a number of professional associations operated 
as nongovernmental organizations (NGOs) without legal recognition. The 
constitution proscribes any political organization other than the CP.
    Recognized churches, the Roman Catholic humanitarian organization 
Caritas, the Freemason movement, and a number of fraternal or 
professional organizations were the only associations permitted to 
function outside the formal structure, but not the influence, of the 
state, the CP, and their mass organizations. The authorities continued 
to ignore applications from new groups for legal recognition, including 
several new religious groups as well as homosexual-rights 
organizations, thereby subjecting members to potential charges of 
illegal association.

    c. Freedom of Religion.--Although the constitution recognizes the 
right of citizens to practice any religious belief within the framework 
of respect for the law, the Government continued to restrict freedom of 
religion. The Government required churches and other religious groups 
to enroll with the provincial registry of associations within the 
Ministry of Justice to obtain official recognition.
    Although it did not favor any particular religion or church, the 
Government appeared most tolerant of churches that maintained close 
relations to the state through the Cuban Council of Churches (CCC). The 
CCC includes 25 religious organizations as full members, nine associate 
members, and three with observer status. It does not include the Cuban 
Catholic Church. In January three Protestant ministers and a babalow 
(Santeria priest) were elected to the National Assembly.
    There were numerous reports of official discrimination against 
Seventh-day Adventists and Jehovah's Witnesses in employment and 
education. The discrimination was due to these groups' refusal to work 
or participate in mandatory school activities on Saturdays, and for 
Jehovah's Witnesses' refusal to comply with compulsory military 
training.
    The Government rarely permitted the construction of new churches; 
however, it increasingly permitted the restoration and expansion of 
existing churches.
    A government directive requires house-church operators to register 
their house churches with the Government. To register, an operator must 
meet a number of requirements, such as limiting weekly meetings to a 
number specified by the local official. The vast majority of house 
churches were unregistered and thus technically illegal.
    Education was secular, and no religious educational institutions 
were allowed. However, the Catholic Church, Protestant churches, and 
Jewish synagogues were permitted to offer religious education classes 
to their members and adult education classes to the general public.
    Religious literature and materials may be imported only through a 
registered religious group and distributed only to officially 
recognized religious groups.
    The Government permitted each Catholic diocese to request broadcast 
time for a 15-minute broadcast on Christmas, Easter, and the feast day 
of the Virgin of Charity, the country's patron saint.
    Religious groups were required to submit a request to local CP 
officials before holding processions or events outside of religious 
buildings.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence, harassment, or discrimination against members of 
religious groups. There were between 1,000 and 1,500 members of the 
Jewish community. 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 qualifies freedom of movement 
within the country, foreign travel, emigration, and repatriation, and 
in practice the Government severely restricted these rights. The 
Government tightly restricted foreign and domestic travel by dissidents 
and limited internal migration from rural areas to Havana. Authorities 
frequently picked up dissidents visiting Havana and promptly escorted 
them back to their home provinces.
    Although the constitution allows all citizens to travel anywhere 
within the country, residence is heavily restricted, thus impeding free 
movement. The local housing commission and provincial government 
authorities considered requests for change of residence largely on the 
basis of housing space. During the wait for permission, which routinely 
lasted six months or more, the applicant could not obtain food rations 
or a local identification card in the new location. Anyone living in a 
location illegally may be fined and sent home. While the regulation was 
in effect nationwide, it was applied most frequently in Havana. Human 
rights organizations asserted that the expulsion from Havana of young 
persons and individuals from the eastern provinces increased to more 
than 100 persons a week. Police threatened to prosecute for 
``dangerousness'' anyone who returned to Havana after having been 
expelled.
    The Government restricted both emigration and temporary foreign 
travel, mainly by requiring an exit permit. Although the Government 
allowed the majority of persons who qualified for immigrant or refugee 
status in other countries to depart, at least 247 citizens or their 
dependents who had received foreign travel documents were denied exit 
permits during the year. This figure represented only persons who 
reported their difficulties to a foreign diplomatic establishment. 
Persons routinely denied exit permits included medical personnel, men 
of military age, dissidents, and citizens with certain political or 
religious beliefs. An unpublished government policy denies exit permits 
to medical professionals until they have performed, on average, six to 
eight years of service in their profession after requesting permission 
to travel abroad; nurses and medical technicians waited an average of 
two to three years to receive exit permission.
    The Government denied exit permits for several years to relatives 
of individuals who migrated illegally (for example, merchant seamen and 
sports figures who defected while out of the country). The Government 
frequently withheld exit visas to control dissidents. Dissident 
physician Hilda Molina continued to wait for exit permission, as she 
had for 15 years, although her elderly mother was allowed to join 
relatives in Argentina in June.
    The Government denied exit permission to human rights activists who 
held valid foreign travel documents. In April authorities refused 
permission to blogger Yoani Sanchez to travel to Spain to receive a 
prestigious prize for journalism. Noted dissidents Francisco Chaviano 
and Jorge Luis Perez Garcia (Antunez) were both refused permission to 
travel abroad for treatment of serious medical conditions that 
developed during their long prison terms.
    The Government used both internal and external exile. The law 
permits authorities to bar an individual from a certain area, or to 
restrict an individual to a certain area, for a period of one to 10 
years. Under this provision, authorities may exile any person whose 
presence in a given location is considered ``socially dangerous.'' The 
authorities routinely warned emigrating dissidents and their family 
members that speaking out against the Government abroad could result in 
repercussions for relatives remaining in Cuba, such as loss of 
employment or denial of permission to leave the country.
    Those seeking to emigrate legally alleged they also faced fines, 
reprisals, harassment, and intimidation by the Government; involuntary 
job transfers; threatened arrest; and dismissal from employment.
    Fees for medical exams, exit permissions, passport costs, and 
airport taxes are payable only in convertible pesos, and amounted to 
approximately 630 convertible pesos ($680.40) for an adult, or nearly 
three years' salary. These fees represented a significant hardship, 
particularly for migrants who had been fired from their jobs for being 
``politically unreliable'' and had no income. At year's end some would-
be migrants were unable to leave the country because of inability to 
pay exit fees. Authorities routinely dispossessed migrants and their 
families of their homes and most of their belongings before permitting 
them to leave the country. The Government also demanded payment of 
hefty fines for past attempts to leave the country illegally.
    The law provides for imprisonment of up to three years or a fine of 
300 to 1,000 pesos ($11 to $38) for unauthorized departures by boat or 
raft. The Government also sometimes applied a law on trafficking in 
persons to would-be migrants. The law provides for imprisonment from 
two to five years for those who organize, promote, or incite illegal 
exit from national territory. The CCDHRN estimated that at year's end 
approximately 300 citizens were serving sentences or awaiting trial on 
this charge, which ordinarily carries a term of 15 to 20 years' 
imprisonment. Under the terms of the 1994 U.S.-Cuba Migration Accord, 
the Government agreed not to prosecute or retaliate against migrants 
returned from international or U.S. waters, or from the U.S. Naval 
Station at Guantanamo, after attempting to emigrate illegally if they 
had not committed a separate criminal offense. However, in practice 
many would-be migrants experienced harassment and discrimination such 
as fines, expulsion from school, job loss, and detention in prison.
    The Government generally refused to accept nationals returned from 
U.S. territory beyond the maritime limits of the Migration Accord. On 
December 4, under a new migration accord with Mexico, the country 
accepted the repatriation of 41 Cubans from Mexico.

    Protection of Refugees.--Although the country is not a party to the 
1951 UN Convention relating to the Status of Refugees and its 1967 
protocol, the constitution provides for the granting of asylum to 
individuals persecuted for their ideals or actions involving a number 
of specified political grounds. Although the Government has no formal 
mechanism to process asylum for foreign nationals, in practice it 
provided protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened, including 
to some fugitives from justice, whom the Government defined as refugees 
for political reasons.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting the small number of refugees and asylum seekers in the 
country. The Government allowed a small number of asylum seekers 
identified by the UNHCR to remain in the country while third-country 
settlement was being sought. In addition the Government allowed foreign 
medical students who feared persecution in their home countries to 
remain in the country after the end of their studies so that an 
investigation of their concerns could be conducted.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    While the constitution provides for direct election of provincial, 
municipal, and ANPP members, citizens do not have the right to change 
their government, and the Government retaliated against those who 
sought peaceful political change.
    On February 19, Fidel Castro officially resigned as president, 
ending nearly 50 years of rule. On February 24, the National Assembly 
unanimously elected Raul Castro to succeed his brother as chief of 
state, president, and commander in chief of the armed forces. Without 
citizen participation, existing undemocratic institutions, including 
the armed forces, the CP, and the ANPP, endorsed the transfer of power.
    In the elections for the National Assembly held during the year, 
voters were strongly encouraged simply to indicate approval or 
disapproval of a unified CP-approved slate of candidates. The 
Government promoted this ``voto unido'' or unified slate; all of the 
candidates who had been preapproved by the candidacy commissions were 
elected, with the result that the CP won 98 percent of the vote and 606 
of 614 seats in the National Assembly. The Government reported that 
more than 1.4 million voters, or 17 percent of the electorate, defaced 
ballots or otherwise abstained from the election.

    Elections and Political Participation.--Candidates for provincial 
and national office must be approved in advance by mass organizations, 
such as the women's and youth party organizations controlled by the 
Government. A small group of leaders, under the direction of the 
president, selected the members of the highest policy-making bodies of 
the CP, the Politburo, and the Central Committee. Although not a formal 
requirement, in practice CP membership was a prerequisite for high-
level official positions and professional advancement.
    The Government maintained a dossier on every child from 
kindergarten through high school, which included a record of the 
child's participation in political activities, such as mandatory 
marches. Full participation in political activities, such as membership 
in the Union of Pioneers of Cuba, a regimented youth organization used 
by the Government for political indoctrination, was essential to 
advance in the school system.
    There were two women in the 24-member Politburo and 15 in the 118-
member Central Committee. Women held six seats in the 31-member Council 
of State and 265 seats in the 614-seat National Assembly.
    Persons of African descent held five seats in the Politburo. 
Following the selection of the ANPP in February, the Government 
reported its composition as 64 percent white, 19 percent black, and 16 
percent mixed race.

    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 
government corruption was a problem. Independent and official press 
reported incidents of government corruption. Several reliable sources 
confirmed that early in the year a court sentenced Carlos Garcia, 
director of the state-run firm Guama, and Miguel Quintana, director of 
the state-owned import firm MATCO, to 20 years' imprisonment for 
illegal transactions and corruption. The Supreme Court upheld the 
verdicts in July.
    Government officials are not subject to any special financial 
disclosure laws. The law provides for three to eight years' 
imprisonment for ``illegal enrichment'' by authorities or government 
employees. All government agencies, especially the Ministry of Auditing 
and Control and the Ministry of the Interior, are tasked with combating 
corruption and unlawfulness, including through prosecution of 
government officials.
    The law provides for public access to government information, but 
in practice requests for information routinely were rejected, often on 
the grounds that access is not a right.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    In violation of its own statutes, the Government did not recognize 
any domestic human rights groups or permit them to function legally. 
Several human rights organizations continued to function outside the 
law, including the CCDHRN, the Christian Liberation Movement, the 
Assembly to Promote Civil Society, and the Lawton Foundation for Human 
Rights. The Government subjected domestic human rights advocates to 
violence, intense intimidation, and harassment, including threats of 
death and disappearance.
    The Government occasionally staged acts of repudiation, in which it 
mobilized Communist militants and others to hold public rallies aimed 
at intimidating and ostracizing members of dissident organizations.
    The Government also took steps to prevent the movement of 
activists; on many occasions, State Security, police, and mobs 
prevented ``Ladies in White'' members and members of other dissident 
groups from traveling to Havana, or elsewhere within the country, to 
take part in peaceful assembly.
    The Government rejected international human rights monitoring. No 
UN Special Rapporteurs visited the country. The Government continued to 
deny human rights organizations and the International Committee of the 
Red Cross access to political prisoners and detainees.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, or social status; however, racial discrimination occurred 
frequently.

    Women.--The law criminalizes rape, including spousal rape, and the 
Government enforced the law. The Government did not release statistics 
during the year on arrests, prosecutions, or convictions for rape. The 
Havana office of the NGO Women's News Service for Latin America and the 
Caribbean (SEMlac), which advocates for women's issues, did not 
estimate the incidence of rape to be very high.
    The law does not recognize domestic violence as a distinct category 
of violence but prohibits threats and inflicting injuries, including 
those associated with domestic violence. Penalties for domestic 
violence are covered by the laws against assault and range from fines 
to prison sentences of varying lengths, depending on the severity of 
the offense.
    Human rights advocates reported that violence against women was a 
problem, and police often did not act on cases of domestic violence. 
The press rarely reported on violent crime, and the Government did not 
release data on the extent of domestic violence. However, the CCDHRN 
and the Cuban Chapter of the Latin American Federation of Rural Women 
reported that domestic violence was a serious problem and that there 
was a lack of programs to protect victims.
    To raise awareness about domestic violence, the Government 
continued to carry out media campaigns during the year. The CCDHRN 
believed that many women did not report acts of domestic violence 
because they feared doing so could trigger another attack.
    Prostitution is legal for persons over age 17, but pandering and 
economic activities facilitating prostitution, including room rentals, 
are illegal. Large numbers of foreign tourists visiting the country 
patronized prostitutes. Some police officers were suspected of 
providing protection to individuals engaged in prostitution.
    The law provides penalties for sexual harassment, with potential 
sentences of three months' to five years' imprisonment. The law was 
applied most frequently to male supervisors ``abusing their power'' 
over female subordinates, according to the CCDHRN. The Government did 
not release any statistics during the year on arrests, prosecutions, or 
convictions for offenses related to sexual harassment. Based on 
anecdotal evidence, SEMlac claimed that sexual harassment was 
widespread.
    The law provides that women and men have equal rights and 
responsibilities regarding marriage, divorce, raising children, 
maintaining the home, and pursuing a career. The law grants working 
mothers preferential access to goods and services. The law provides for 
equal pay for equal work, and women generally received pay comparable 
to men for similar work.

    Children.--The Government generally was committed to children's 
rights and welfare; the law provides that all children have equal 
rights and that parents have a duty to ensure their protection.
    There was no societal pattern of child abuse.
    Child prostitution was a problem, with young girls engaging in 
prostitution to help support themselves and their families. While 
underage prostitution was apparent, there were no reliable statistics 
available regarding its extent.

    Trafficking in Persons.--The law prohibits most forms of 
trafficking in persons; however, there were reports that women were 
trafficked from the country to Mexico, the Bahamas, and Europe and that 
children were trafficked within the country for purposes of sexual 
exploitation.
    The nature and extent of trafficking were difficult to gauge due to 
the closed nature of the Government and the lack of NGO reporting; 
however, some citizens who had successfully emigrated on ``go-fast'' 
vessels were forced to work as deckhands on subsequent smuggling trips 
to pay off smuggling debts.
    The law provides penalties for anyone who ``induces, cooperates 
with, promotes, or gets a benefit from the exercise of prostitution.'' 
If the offense involves the victim's entry or exit from the country, 
the penalty ranges from 20 to 30 years' imprisonment. The law provides 
for penalties of seven to 15 years' imprisonment for trafficking for 
forced labor, prostitution, and trade in organs, both domestically and 
internationally. The law provides for penalties of four to 10 years' 
imprisonment for ``inducing, in any way, or promoting another person to 
engage in prostitution or bodily commerce.'' The sentence increases to 
10 to 20 years for anyone who threatens or forces another to engage in 
prostitution. The law also provides sentences of 20 to 30 years for 
anyone convicted of pimping after a previous conviction or anyone 
accused of habitually promoting prostitution.
    A criminal court can levy damages, called ``responsibilities,'' and 
can assess damages to be paid through the court to the victim. The 
CCHRN stated that in cases of internal trafficking, rather than bring a 
trafficking charge, the Government might charge the individual with 
pimping.
    There were no reliable statistics on the number of traffickers 
prosecuted or convicted during the year. The CCDHRN stated that 
although it could not make reliable estimates, a large number of 
persons were serving sentences for pimping, but it was unclear whether 
these individuals actually trafficked in persons or merely facilitated 
work by willing individuals. All those prosecuted or convicted had come 
to the country from the United States, Mexico, or other countries such 
as the Bahamas.
    The Ministries of Justice and Education, the PNR, and local 
governments were tasked with different facets of combating trafficking 
in persons and the problem of underage prostitution; no single entity 
had complete autonomy dealing with these problems. Police were 
responsible for investigating and arresting traffickers, the Ministry 
of Justice with prosecuting and incarcerating traffickers, and the 
Ministry of Education with rehabilitating prostitutes. No information 
was available concerning government assistance with international 
investigations of trafficking or the extradition of traffickers.
    There were no known investigations or prosecution of public 
officials for complicity in trafficking during the year, although some 
police officers reportedly accepted bribes in connection with the 
country's sex trade.
    Although prostitution is not a crime per se, individuals who 
engaged in prostitution, including possible trafficking victims and 
children, often were treated as criminals, detained, and taken to 
rehabilitation centers that were not staffed with personnel who were 
adequately trained or equipped to care for trafficking victims.
    The Government, in cooperation with the British government and a 
British NGO, ran a center in Havana for the treatment of child sexual 
abuse victims, including victims of trafficking. The center employed 
the most modern treatment techniques, including the preparation of 
children to be witnesses in criminal prosecutions. There were no known 
government programs to prevent 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 known law prohibiting 
official discrimination against persons with disabilities in 
employment, education, access to health care, or in the provision of 
other state services. However, a Ministry of Labor and Social Security 
resolution gives persons with disabilities the right to equal 
employment opportunities and to equal pay for equal work. There was no 
official discrimination against persons with disabilities. There are no 
laws mandating accessibility to buildings for persons with 
disabilities, and in practice buildings and transportation rarely were 
accessible to persons with disabilities.
    The Special Education Division of the Ministry of Education was 
responsible for the education and training of children with 
disabilities. The Ministry of Labor and Social Security was in charge 
of the Job Program for the Handicapped.

    National/Racial/Ethnic Minorities.--Afro-Cubans often suffered 
racial discrimination, including frequent and disproportionate stops 
for identity checks and searches of backpacks and personal items, 
insults, and racial epithets. A black foreign diplomat was frequently 
stopped by police and questioned as to whether she was a citizen and 
what she was doing in certain areas. Afro-Cubans were 
disproportionately represented in neighborhoods with the worst housing 
conditions and were economically disadvantaged in part because of 
employment discrimination, notably in the tourist industry. The 
Government made no efforts to address racial discrimination because it 
denied that any such discrimination existed.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against homosexuals persisted, as police occasionally conducted sweeps 
in areas where homosexuals congregated, particularly along sections of 
Havana's waterfront. Homosexual rights organizations also reported 
cases of individuals discharged from their jobs due to their sexual 
orientation.
    Some persons with HIV/AIDS suffered job discrimination or were 
rejected by their families. The Government operated four prisons 
exclusively for HIV/AIDS sufferers; some inmates were serving sentences 
for ``propagating an epidemic.''
    Mariela Castro, the president's daughter, headed the national 
Center for Sexual Education and was outspoken in promoting homosexual 
rights. In May she organized a week of programs to mark International 
Anti-Homophobia Day. Television programs promoted tolerance for 
homosexuals. On June 6, the Government announced the availability of 
free gender-reassignment surgery. However, nongovernment homosexual 
rights organizations, such as the Movement of Homosexual Liberation, 
asserted that the Government had done nothing to stop frequent cases of 
police brutality and harassment of homosexuals, and that Mariela Castro 
did not respond to their requests to meet with her. On June 25, State 
Security forces prevented a coalition of homosexual rights groups from 
holding a ``Gay Pride'' march in Havana by detaining the organizers and 
intimidating would-be participants by maintaining a heavy police 
presence at the parade's starting point.
Section 6. Worker Rights
    a. The Right of Association.--The law does not allow workers to 
form and join unions of their choice. Rather, the state established 
official unions and did not permit competing independent unions. 
Official labor unions had a mobilization function and did not act as 
trade unions, promote worker rights, or protect the right to strike. 
Such organizations were under the control of the state and the CP, 
which also managed the enterprises for which the laborers worked. 
Because all legal unions were government entities, antiunion 
discrimination by definition did not exist.
    The only legal labor confederation was the Confederation of Cuban 
Workers (CTC), whose leaders were chosen by the CP. The CTC's principal 
responsibility was to ensure that government production goals were met. 
Virtually all workers were required to belong to the CTC, and 
promotions frequently were limited to CP members who took part in 
mandatory marches, public humiliations of dissidents, and other state-
organized activities.
    Workers often lost their jobs because of their political beliefs, 
including their refusal to join the official union. On July 20, the 
National Bureau of Taxation removed Luis Gomez Perez's license to 
practice as a barber because he was a member of the independent trade 
union, the Central Christian Union (CSC).
    Several small independent labor organizations operated without 
legal recognition, most notably the Union of Bicycle Taxi Drivers, the 
CSC, and the National Independent Workers' Confederation of Cuba. These 
organizations also were subject to police harassment and infiltration 
by government agents and were unable to represent workers effectively 
or work on their behalf.
    The Government continued to incarcerate independent labor 
activists. Five of the seven independent labor leaders jailed in 2003 
remained in prison, serving sentences of between 12 and 25 years. Pedro 
Pablo Alvarez Pedroso, president of the Unitary Workers Council, was 
released on February 15 after serving 17 years of a 30-year sentence; 
he and three other political prisoners were released to Spain.
    The law does not provide for strikes, and none were known to have 
occurred during the year.

    b. The Right to Organize and Bargain Collectively.--Although 
provided for in the law, collective bargaining did not exist in 
practice. In February the Government issued a resolution aimed at 
linking pay to worker performance, but it had not been implemented by 
year's end.
    The law denies all workers, except those with special government 
permission, the right to contract directly with foreign companies 
investing in the country. Although a few firms negotiated exceptions, 
the Government required foreign investors and diplomatic missions to 
contract workers through state employment agencies. The foreign firms 
and diplomatic missions paid the agencies in hard currency, but the 
agencies paid the workers only a fraction of that income. Workers 
subcontracted by state employment agencies must meet certain political 
qualifications. The state employment agencies consulted with the CP, 
the CTC, and the UJC to ensure that the workers chosen ``deserved'' to 
work in a joint enterprise.
    The last export processing zone was closed in 2006.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
prohibit forced or compulsory labor by adults; prisoners convicted of 
crimes such as ``dangerousness'' were forced to work on farms or in 
construction, agricultural, or metal work. The authorities also often 
imprisoned persons sent to work sites who refused to work.
    Compulsory, unpaid labor, called ``voluntary work,'' was regularly 
organized by official trade unions, either to accomplish ordinary 
production or to complete other tasks such as repairs, cleaning, 
painting, decorating, or to mobilize a large agricultural labor force.
    The law prohibits forced or compulsory labor by children, but the 
Government required children to work in various situations (See Section 
6.d.).
    On August 8, a judge in a foreign court ruled in favor of three 
Cuban men who in 2006 sued the Curacao Drydock Corporation, alleging 
that it, in collusion with the Cuban government, forced them to work 
without compensation to repay a Cuban government debt to the company. 
On October 20, the foreign court awarded the men an $80 million 
judgment.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits forced and compulsory labor by children, and the Ministry 
of Labor and Social Security was responsible for enforcement. 
Nonetheless, the Government required children to work in various 
situations.
    Students at rural boarding schools were expected to participate in 
several hours of manual labor per day. Secondary school students were 
expected to devote up to 15 days of their summer vacation completing a 
variety of tasks ranging from farm labor to urban cleanup projects, and 
were paid a small wage for this labor. Students in postsecondary 
institutions (technical schools, university preparatory schools, and 
agricultural institutes) were expected to devote 30 to 45 days per year 
to primarily agricultural work. Refusal to do agricultural work or some 
substitute could result in expulsion from school, although such 
expulsions rarely occurred.
    The legal minimum working age is 17, although the labor code 
permits the employment of 15-and 16-year-old children to obtain 
training or to fill labor shortages. However, in practice it was rare 
that children under 17 worked. The labor code does not permit teenagers 
to work more than seven hours per day or 40 hours per week, or on 
holidays. Children ages 13 to 18 cannot work in specified hazardous 
occupations, such as mining, or at night.
    There were no known government programs to prevent child labor or 
remove children from such labor.

    e. Acceptable Conditions of Work.--The minimum wage, which is 
enforced by the Ministry of Labor and Social Security, varies by 
occupation. On average, the minimum monthly wage was approximately 225 
pesos ($9). The Government supplemented the minimum wage with free 
education, subsidized medical care (daily pay is reduced by 40 percent 
after the third day of a hospital stay), housing, and some subsidized 
food. Even with subsidies, the Government acknowledged that the minimum 
wage did not provide a decent standard of living for a worker and 
family.
    The standard workweek is 44 hours, with shorter workweeks in 
hazardous occupations, such as mining. The law provides workers with a 
weekly 24-hour rest period. These standards were effectively enforced. 
The law does not provide for premium pay for overtime or prohibit 
obligatory overtime but places a cap on the number of overtime hours 
that may be worked per week or per year. Compensation for overtime is 
paid either in cash at the regular hourly rate or in additional rest 
time, particularly for workers directly linked to production or 
services, and does not apply to management. Workers frequently 
complained that overtime compensation was either not paid or not paid 
in a timely manner. The law provides little grounds for a worker to 
refuse to work overtime. Refusal to work overtime could result in a 
notation in the employee's official work history that could imperil 
subsequent requests for vacation time.
    Laws providing for workplace environmental and safety controls were 
inadequate, and the Government lacked effective enforcement mechanisms. 
The law provides that a worker who considers his life in danger because 
of hazardous conditions has the right to refuse to work in a position 
or not to engage in specific activities until such risks are 
eliminated; the worker remains obligated to work temporarily in 
whatever other position may be assigned at a salary provided for under 
the law.
    A former president of the Confederation of Independent Workers of 
Cuba stated on October 19 that there were numerous violations of health 
and safety laws at worksites throughout the country, and that 
conditions were particularly dangerous in the construction industry. 
Welders and persons who work with pesticides, he alleged, were rarely 
provided with protective equipment. Truck drivers for state firms 
frequently had to drive vehicles in poor repair. He stated that the CTC 
seldom informed workers of their rights and did not respond to or 
assist workers who complained about hazardous workplace conditions. For 
example, on July 20, 12 workers from the Work Center Minimax de la Lisa 
officially complained to the chief for trade for the La Lisa district 
about unsanitary conditions, broken and clogged toilets, and a roof in 
imminent danger of collapse but never received a reply.

                               __________

                                DOMINICA

    Dominica is a multiparty, parliamentary democracy with a population 
of approximately 72,500. Prime Minister Roosevelt Skerrit's Dominica 
Labour Party (DLP) prevailed over the opposition United Workers Party 
(UWP) in 2005 elections, the results of which were certified despite 
challenges filed by the opposition in a few constituencies. 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 few areas, primarily poor 
prison conditions, violence against women and children, and adverse 
conditions experienced by indigenous Kalinago (Carib).
                        respect for human 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 case of two police officers charged with murder for shooting 
and killing a man in December 2007 was pending prosecution 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.--While the constitution prohibits such practices, there 
were reports that police used excessive force while making arrests, 
including documented cases in which the police shot the victim.
    Cases in which police shot and injured persons in 2007 were pending 
prosecution at year's end. There was no information available about the 
February 2006 beating by police that went before a civil court, nor 
about a pending case from 2005.

    Prison and Detention Center Conditions.--Prison conditions were 
poor. The opening of a new wing at the country's single prison, Stock 
Farm, helped matters, but conditions remained unsanitary as many of the 
buildings were in disrepair. The prison held 235 prisoners at year's 
end, less than its designed capacity.
    Juvenile detainees were held with adults, and pretrial detainees 
were held with convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers, although no such visits were known to have occurred during 
the year.

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

    Role of the Police and Security Apparatus.--The prime minister's 
office oversees the Dominica Police, the country's only security force. 
The 411-officer force effectively carried out its responsibilities to 
maintain public order. The police have a formal complaint procedure to 
handle allegations of excessive force or abuse by police officers. 
Corruption was not a problem within the police force.
    The police Internal Affairs Department investigates public 
complaints against the police and provides officers with counseling. 
Several cases of alleged misconduct were filed, but authorities did not 
suspend or otherwise discipline any officers during the year.

    Arrest and Detention.--The police apprehend persons openly with 
warrants issued by a judicial authority. The law requires that the 
authorities inform persons of the reasons for arrest within 24 hours 
after arrest and bring the detainee to court within 72 hours. This 
requirement generally was honored in practice. If the authorities are 
unable to bring a detainee to court within the requisite period, the 
detainee may be released and rearrested at a later time. There is a 
functioning system of bail. Criminal detainees were provided prompt 
access to counsel and family members.
    Lengthy detention before trial was a problem due to judicial 
inefficiency and staff shortages. On average prisoners remained in 
remand status for over three months.

    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 is composed of the High Court with two judges, 
and four magistrates based in the capital city of Roseau who 
periodically travel around the country. Appeals can be made first to 
the Eastern Caribbean Court of Appeal and then to the Privy Council in 
the United Kingdom.
    Inadequate police staffing for investigations, together with a lack 
of judges, resulted in severe backlogs and other problems in the 
judicial system.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
There are trials by jury, and defendants may confront or question 
witnesses. Criminal defendants are presumed innocent until proven 
guilty, are allowed legal counsel, and have the right to appeal. Courts 
provide free legal counsel to juveniles unable to obtain their own 
counsel, regardless of the crime committed, and to the indigent, but 
only in cases involving serious crimes.

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

    Civil Judicial Procedures and Remedies.--There is an independent, 
impartial judiciary in civil matters where one can bring lawsuits 
seeking damages for 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. Generally individuals could 
criticize the Government publicly or privately without reprisal. The 
independent media were active and expressed a wide variety of views 
without restriction.
    Libel suits filed by Prime Minister Skerrit in September 2006 
against the Times newspaper were pending in civil court 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 
Internet was largely available in homes, offices, and Internet cafes in 
urban areas, but infrastructure limitations restricted Internet access 
in villages.

    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 Government requires all religious organizations to register. On 
February 21, the Government formally recognized the Church of Jesus 
Christ of Latter-day Saints, which had been seeking full authorization 
since 2004.
    In 2007 Rastafarians sought repeal of a 1974 measure that outlaws 
their religion, and the Kalinago called for the legalization of 
polygamy, stating it was part of their culture.

    Societal Abuses and Discrimination.--Rastafarians complained that 
the use of marijuana, an aspect of their religious rituals, was illegal 
and that their members were victims of societal discrimination, 
especially in hiring. There is a small Muslim community and no 
organized Jewish community; there were no reports of discrimination 
against either community or of any 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 constitution prohibits forced exile, and the Government did not 
use it.

    Protection of Refugees.--Although the country signed the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
the Government has not established a legal or procedural 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.
    Although no known cases occurred, the Government was prepared to 
cooperate with the Office of the UN High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees and 
asylum seekers. UNHCR has an honorary liaison located in the country 
with whom the Government can consult regarding asylum claims and other 
protection concerns.
    To deal with a large increase in Haitian immigration, in 2006 the 
Government instituted an agricultural labor program, which gave the 
Haitians legal status. Many Haitians used the country as a transit 
point and attempted to depart illegally for the neighboring French 
territories of Martinique or Guadeloupe. As an incentive to enter and 
exit the country legally, the Government began charging Haitians 
EC$1,000 (approximately $400) when entering the country and promised to 
return the funds upon legal exit from the country. The refundable 
entrance fee had little effect on the numbers of Haitians departing 
illegally.
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 2005 the ruling DLP won 
12 seats in parliamentary elections, defeating the UWP, which won eight 
seats. An independent candidate affiliated with the DLP also won a 
seat. After the election the independent candidate and an opposition 
member joined the ruling party. Election results were certified, but 
there were no impartial observers present to verify them. In 2007 the 
Eastern Caribbean Court of Appeal dismissed UWP challenges to the 
results in five constituencies.
    In October the two opposition parties released a white paper 
calling upon the Government to remedy alleged defects in the 2005 
election process by screening the electoral rolls to ensure that only 
citizens living in the country or who have visited during the last five 
years are listed, in accordance with the law.
    Political parties could operate without restrictions. However, 
opposition parties claimed that the state-owned Dominica Broadcasting 
Corporation coverage of the 2005 election campaign was unfair and did 
not provide access to opposition candidates. They also complained that 
businesses owned by known opposition leaders faced discrimination in 
securing government contracts or bids.
    There were six women in the 31-seat legislature: four elected to 
the House of Assembly and two appointed senators, three of whom served 
as cabinet ministers. A woman also served as attorney general, a 
cabinet position. The speaker of the house was a woman.
    The parliamentary representative for the constituency that includes 
the Carib Territory was a Carib, who served concurrently as minister 
for Carib affairs.

    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 government corruption was a problem. There 
were reports in the press and by nongovernmental organizations (NGOs) 
of corruption in the Government, including accusations that some 
government officials, including the prime minister, engaged in property 
speculation. There were also widespread accusations that a number of 
government ministers received unreported money from Venezuelan sources.
    In September the Government established a commission to implement 
the Integrity in Public Service Act of 2004, which requires financial 
disclosure by elected officials and senior civil servants. The 
opposition noted that the commission did not making its reports public.
    The Financial Intelligence Unit is the chief government agency 
responsible for identifying and combating government corruption. In 
addition the police force and customs service have internal watchdog 
offices.
    The law does not provide for public access to government 
information, and the Government did not provide routine access in 
practice. The Government maintained a Web page, where it increasingly 
posted limited information such as directories of officials and a 
summary of laws and press releases.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no government restrictions on the formation of local 
human rights organizations, although no such groups existed. Several 
advocacy groups, such as the Association of Disabled People, the 
Dominica National Council of Women (DNCW), and a women's and children's 
self-help organization, operated freely and without government 
interference.
    There were no requests for investigations of human rights abuses 
from international or regional human rights groups. There is no 
ombudsman, but a parliamentary commissioner has the responsibility to 
investigate complaints against the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law specifically prohibits discrimination based on race, 
gender, place of origin, color, and creed, and the authorities 
generally respected this prohibition in practice.

    Women.--The law criminalizes rape, which can include spousal rape. 
Whenever possible, female police officers handled rape cases. Although 
the maximum sentence for sexual molestation (rape or incest) is 25 
years' imprisonment, the normal sentence given was five to seven years, 
except in the case of murder. The Gender Bureau of the Ministry of 
Community Development and Gender Affairs assisted victims of abuse by 
finding temporary shelter, providing counseling to both parties, or 
recommending police action. The Gender Bureau also coordinated 
interagency efforts to collect data, advocate policy changes, and 
provide programs for the empowerment of women.
    Domestic violence cases were common. Although no specific laws 
criminalize spousal abuse, spouses could bring charges against their 
partners for battery. The law allows abused persons to appear before a 
magistrate without an attorney and request a protective order. The 
court also may order the alleged perpetrator to be removed from the 
home in order to allow the victims, usually women and children, to 
remain in the home while the matter is investigated. However, 
enforcement of these restraining orders was difficult because of a lack 
of police resources. Police officers continued to receive training in 
dealing with domestic abuse cases.
    The Gender Bureau reported that both men and women sought 
assistance in dealing with domestic violence; it dealt with 
approximately 100 cases during the year. Despite the range of programs 
offered, there were insufficient support systems to deal with the 
problem. In addition to counseling services offered by the DNCW and the 
Gender Bureau, there was a legal aid clinic, and the Government's legal 
department offered assistance as well.
    The DNCW provided preventive education about domestic violence and 
maintained a shelter where counseling and mediation services were 
available daily. It assisted approximately 100 persons during the year. 
Due to a shortage of funding, the organization could permit persons to 
stay at the shelter only for several days at a time; however, if 
needed, further housing was provided in private homes for up to three 
weeks. Because of the country's small size, abusive spouses commonly 
found and visited the victims at the shelter, making private homes a 
safer option in many cases. The Catholic Church continued to be active 
in educating the public about domestic violence.
    Prostitution is illegal but was a problem. There were anecdotal 
reports of trafficking in persons for commercial sexual exploitation.
    The law does not prohibit sexual harassment, and it remained a 
problem.
    While there was little open discrimination against women, cultural 
instances of discrimination existed. Also, property ownership continued 
to be deeded to heads of households, who were usually male. When the 
male head of household dies without a will, the wife may not inherit or 
sell the property, although she may live in it and pass it to her 
children. The law establishes pay rates for civil service jobs 
regardless of gender, but there was a 53 percent unemployment rate for 
women. The Labor Department reported that many rural women found it 
difficult to meet basic economic needs, which resulted partly from the 
continuing decline of the banana export industry. Although there were 
some women in managerial or high-level positions, most women worked as 
shopkeepers, nurses, or in education.
    The Gender Bureau is charged with promoting and ensuring the legal 
rights of women. The bureau provides lobbying, research, support, 
counseling, training, and education services. The Gender Bureau worked 
with the DNCW and other organizations to help the Government, NGO, and 
police sectors work more closely together on women's issues, 
particularly in data collection and information sharing.

    Children.--The Government was committed to children's rights and 
welfare.
    Child abuse continued to be a pervasive problem, both at home and 
at school. The Welfare Department of the Ministry of Community 
Development and Gender Affairs received approximately 100 reports of 
child abuse; 80 percent of the victims were female. The Welfare 
Department also assisted victims of abuse by finding temporary shelter, 
providing counseling to both parties, or recommending police action. 
The Welfare Department reported all severe cases of abuse to the 
police. Lack of staff and resources continued to hamper enforcement of 
children's rights laws.
    The age of consent for sexual relations is 16 years. No specific 
laws prohibit commercial sexual exploitation of children, but such 
activity could be prosecuted under laws against prostitution or 
trafficking.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
specifically involving forced labor, commercial sexual exploitation, 
and smuggling illegal migrants. There were no confirmed reports that 
persons were trafficked to, from, or within the country.
    However, there were anecdotal reports that women from the Dominican 
Republic, Haiti, South America, Eastern Europe and Asia entered the 
country irregularly to work in underground strip clubs that 
proliferated in the outskirts of Canfield or Portsmouth, as well as 
some that opened in Roseau. These women faced cultural and language 
barriers that made finding assistance difficult. The Ministry of 
National Security did not believe that there was widespread trafficking 
in persons but acknowledged there might be a few isolated incidents.
    The DNCW and other activists believed that there may be some 
trafficking of women for prostitution, but acknowledged it was hard to 
prove as most of the women in the sex trade were afraid to come 
forward, fearing deportation. An NGO that interviewed commercial sex 
workers as part of an HIV/AIDS awareness campaign found that most 
appeared to have entered the country for economic reasons and began 
working in prostitution thereafter.
    Persons convicted of trafficking are subject to a fine of 
EC$100,000 (approximately $37,500) and up to seven years in prison, but 
there were no known prosecutions for trafficking in recent years.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although the law does not specifically 
prohibit discrimination against persons with disabilities, there was no 
reported formal discrimination against them in employment, education, 
access to health care, or the provision of other state services. 
However, many employers refused to hire persons with disabilities, and 
unemployment among them was very high.
    There is no legal requirement mandating access to buildings for 
persons with disabilities. A new cricket stadium, opened in 2007, was 
the first large building to have wheelchair access ramps. However, the 
ramps do not extend to the seats.
    There are no programs in school for children with learning or other 
disabilities, most of whom did not complete educational programs due to 
the difficulty involved in simply getting to and from school and in 
keeping up with the curriculum. Mentally challenged children had 
difficulty finding appropriate foster homes when faced with neglect 
from their birth parents. However, in 2007 several students with 
disabilities were admitted to secondary school, and one graduated from 
the community college.

    Indigenous People.--There was a Kalinago, or Carib, population, 
estimated at 4,000 persons, most of whom lived in the 3,782-acre Carib 
Territory. There were four preschools and two primary schools in the 
Carib Territory and two secondary schools in nearby communities 
attended by Kalinago children. The Ministry of Education covered 
tuition for Kalinago students at the Dominica State College and awarded 
scholarships to Kalinago students for study throughout the Caribbean.
    The Carib Act states that any child of a Kalinago is also Kalinago. 
Non-Kalinagos may become Kalinagos if they are invited to live in the 
Carib Territory and do so continuously for 12 years. Although the law 
permits Kalinago men and women married to non-Kalinagos to continue 
living in the territory, in practice Kalinago women married to non-
Kalinagos had to move out of the territory.
    Every five years Kalinagos over the age of 18 who reside in the 
territory may vote for the chief and six members of the Council of 
Advisors. They also are eligible to vote in national elections. A 
Kalinago headed the Ministry of Carib Affairs.
    The Kalinago people continued to suffer from low levels of 
unofficial and societal discrimination. Unemployment in the territory 
generally was higher than in the rest of the country, and mean income 
was below the national mean.
    The law establishing the Carib Territory does not delineate clearly 
its territorial boundaries. Kalinagos continued to report difficulties 
obtaining bank financing, particularly since reservation land was 
communal and therefore unavailable for use as collateral for loans.

    Other Societal Abuses and Discrimination.--There are no laws that 
prohibit discrimination in employment, housing, education, or health 
care against a person on the basis of sexual orientation. Although no 
statistics were available, anecdotal evidence suggested that societal 
discrimination against homosexuals was quite common, as homophobic 
attitudes were widespread in the socially conservative society. There 
were very few openly gay men or lesbians.
    The Government and the Dominica Planned Parenthood Association 
initiated programs designed to discourage discrimination against HIV/
AIDS-infected persons and others living with them.
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised the legal right to 
organize and choose their representatives. Unions represented 
approximately 10 percent of the total work force; approximately half of 
government workers were unionized.
    The law provides for the right to strike, and workers exercised 
this right in practice. However, emergency, port, electricity, 
telecommunications, and prison services, as well as banana, coconut, 
and citrus fruit cultivation industries, were deemed essential, which 
effectively prohibited workers in these sectors from going on strike.

    b. The Right to Organize and Bargain Collectively.--Unions have 
legally defined rights to organize workers and to bargain with 
employers. Workers exercised this right, particularly in the 
nonagricultural sectors of the economy, including in government 
service. Government mediation and arbitration were also available.
    The law provides that employers must reinstate workers fired for 
union activities, and employers generally did so 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, and there were no 
reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although two laws prohibit employment of children, one law defines a 
``child'' as under age 12 and the other as under age 14. The Government 
defined 15 years as the minimum age for employment and enforced this 
standard in principle. Children between the ages of 12 and 14 were 
allowed to work only in certain family enterprises such as farming. 
Safety standards limit the type of work, conditions, and hours of work 
for children over the age of 14. The Government effectively enforced 
these standards.

    e. Acceptable Conditions of Work.--In mid-year a new minimum wage 
law, prepared after tripartite consultations, established a base wage 
of EC$5.00 (approximately $1.87) per hour for all public and private 
workers. The minimum wage did not provide a decent standard of living 
for a worker and family. However, most workers (including domestic 
employees) earned more than the legislated minimum wage. Enforcement 
was the responsibility of the labor commissioner.
    Labor laws provide that the labor commissioner may authorize the 
employment of a person with disabilities at a wage lower than the 
minimum rate to enable that person to be employed gainfully.
    The standard legal workweek is 40 hours in five days. The law 
provides overtime pay for work above the standard workweek; however, 
excessive overtime is not prohibited. The Government effectively 
enforced these standards.
    The Employment Safety Act provides occupational health and safety 
regulations that are consistent with international standards. 
Inspectors from the Environmental Health Department of the Ministry of 
Health conducted health and safety surveys. The Department of Labor 
conducted inspections that prescribe specific compliance measures, 
impose fines, and can result in prosecution of offenders. Workers have 
the right to remove themselves from unsafe work environments without 
jeopardy to continued employment, and the authorities effectively 
enforced this right.

                               __________

                           DOMINICAN REPUBLIC

    The Dominican Republic is a representative constitutional democracy 
with a population of approximately 9.5 million, including hundreds of 
thousands of undocumented Haitians. On May 16, voters elected President 
Leonel Fernandez of the Dominican Liberation Party (PLD) for a third 
term, and in 2006 elections the PLD won majorities in both chambers of 
Congress. Impartial outside observers assessed both elections as 
generally free and fair. While civilian authorities generally 
maintained effective control of the security forces, there were 
instances in which elements of the security forces acted independently.
    Although the Government's human rights record improved somewhat, 
serious problems remained: unlawful killings; beatings and other abuse 
of suspects, detainees, and prisoners; poor to harsh prison conditions; 
arbitrary arrest and detention of suspects; a large number of 
functionally stateless persons; widespread corruption; harassment of 
certain human rights groups; violence and discrimination against women; 
child prostitution and other abuse of children; trafficking in persons; 
severe discrimination against Haitian migrants and their descendants; 
and disregard of fundamental labor rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
there were numerous reports that security forces were involved in many 
killings that were unlawful, unwarranted, or involved excessive use of 
force.
    According to the Attorney General's Office, police killed 455 
persons in the course of duty during the year, approximately 19 percent 
of all violent deaths and an increase of 32 percent over 2007. The 
police chief, who took office in August 2007, attributed the 
statistical increase in part to his standing order that all police 
killings be reported to the attorney general. Some media reports also 
noted a tendency of criminals to open fire on police.
    On May 2, in two separate incidents, police killed seven civilians. 
In Santo Domingo three minors who were suspected in a store robbery 
were seen on film alive when the police took them into custody, and 
their bodies were found later. The second incident, in Boca Chica, 
resulted in the deaths of four civilians and one police officer, 
allegedly in an exchange of gunfire when police attempted to recover 
stolen money from a residence. Following investigations into both 
cases, authorities brought charges against the officers involved, who 
were awaiting trial at year's end.
    On September 23, during a demonstration against the police killing 
of a student in Santo Domingo, a minor was shot and killed. Police 
blamed the death on an unidentified shooter, but other demonstrators 
attributed the death to the police. On November 5, according to press 
reports, a police bullet killed a 17-year-old playing basketball near a 
demonstration. Security forces routinely dispersed protesters with tear 
gas and water cannons, as well as with live fire.
    Despite previous reports that the inspector general had named a 
commission to investigate the 2007 police killing of Rafael Concepcion 
while in police custody, and that the police officers involved in the 
shooting had been detained, there was no information that anyone indeed 
was assigned to investigate and or that any charges were filed.
    Human rights nongovernmental organizations (NGOs) asserted that, as 
in previous years, the police continued to employ unwarranted deadly 
force against criminal suspects.
    There were no developments in the 2006 cases of two police 
sergeants charged with homicide in the Luis Manuel Ventura killing or 
of two police officers charged with the murder of Elvin Amable 
Rodriguez.
    On October 28, a mob in Neiba killed two and injured 12 Haitians, 
following the alleged killing of a Dominican national by a Haitian.
    On a number of occasions reported in the media, citizens attacked 
alleged criminals in vigilante-style reprisals for theft, robbery, or 
burglary. These incidents were attributed to an increase in crime and 
the inability of security forces to stem or combat these crimes.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Despite the Public Ministry's May 2007 announcement that it would 
reopen the investigation, there were no developments in the case of 
journalist Narciso Gonzalez, who disappeared in 1994 after allegedly 
criticizing the Government.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the law prohibits torture, beating, and physical 
abuse of detainees and prisoners, members of the security forces, 
primarily police, continued such practices. The Attorney General's 
Office reported that the police were involved in incidents that 
resulted in maiming or severely injuring unarmed civilians. However, 
improvements in oversight, awareness, and accountability led to a 
perception that the police were indeed making efforts to reduce 
incidents of physical abuse of detainees. Nonetheless, human rights 
organizations stated that uniformed vigilantism persisted on a 
nonlethal level.
    The law provides penalties for torture and physical abuse, 
including sentences from 10-15 years in prison. Civilian prosecutors 
sometimes filed charges against police and military officials alleging 
torture, physical abuse, and related crimes. Authorities sent new abuse 
and torture cases to civilian criminal courts rather than police 
tribunals.
    Senior police officials treated the prohibition on torture and 
physical abuse seriously, but lack of supervision and training 
throughout the law enforcement and corrections systems undercut efforts 
to contain the problem. Although observers agreed that conditions 
improved somewhat due to an increase in professionally trained 
corrections officers, human rights groups and prisoners reported 
physical abuse of detainees, most commonly beatings. Some observers 
believed that the civilian corrections officers lacked the discipline 
and cohesion of the military personnel they replaced and were more 
prone to insubordination and abuse of inmates.
    In May prison guards beat a missionary when she refused to remove 
her clothing for examination after arriving at the Najayo prison to 
visit inmates. Subsequently authorities removed the top officials of 
the prison for unrelated corrupt acts.
    There were no developments in the July 2007 complaint by the 
National Commission on Human Rights, an NGO, against the police with 
regard to the case of Javier Vicente Reyes Segura, shot in the leg 
during a traffic stop.
    There were reports of use of excessive force against demonstrators 
and protesters by members of the security forces.
    Lawyers from the National District prosecutor's office monitored 
the investigative process to ensure that detainees' rights were 
respected in high-volume police stations and in several National Drug 
Control Directorate (DNCD) offices. Assistant prosecutors at times 
reportedly acquiesced in improper police practices rather than 
insisting they be changed to conform to constitutional standards.

    Prison and Detention Center Conditions.--While prison conditions 
generally ranged from poor to extremely harsh, the Government made 
advances with newer ``model prisons'' where prisoners experienced 
better conditions. Overall, reports of mistreatment and inmate violence 
in prisons were common, as were reports of guard abuse of prison 
visitors. The prisons were seriously overcrowded, health and sanitary 
conditions were poor, and some prisons were out of the control of 
authorities and effectively run by criminal gangs of armed inmates. A 
common sentiment among prison wardens was that, while they may control 
the perimeter, inside the prison the inmates often made their own rules 
and had their own system of justice.
    Budget allocations for necessities such as food, medicine, and 
transportation were insufficient. Most inmates begged for or purchased 
food from persons in the vicinity of the prison or obtained it from 
family members. Prisoners were often not taken to their trials unless 
they paid bribes to the guards, and visitors often had to bribe prison 
guards in order to visit prisoners. Similarly, detainees had to pay 
bribes to be allowed to attend vocational training offered at some 
facilities. Prison officials accepted money in exchange for a 
recommendation that a prisoner be furloughed or released for health 
reasons. There were credible allegations that prisoners could obtain 
early release on parole for a bribe. Prisons often did not provide 
adequate medical care to inmates. Prisoners immobilized with HIV/AIDS 
or who had terminal illnesses were not transferred to hospitals.
    According to the Office of the Attorney General, approximately 
18,000 prisoners and detainees were held in 35 prisons with an intended 
capacity of approximately 9,000. Virtually all prisons experienced 
extreme overcrowding. La Victoria prison, the largest in the country, 
held more than 3,500 prisoners in a facility designed for 1,300. This 
severe overcrowding led to an informal market wherein prisoners paid as 
much as 40,000 pesos (approximately $1,200) to acquire a bed. The cell 
blocks consisted of makeshift bed cubicles, stacked three high, in a 
densely packed warren of cells. Air circulation was a problem, and the 
danger of a fire outbreak was high.
    Although a warden who reports to the attorney general was 
technically responsible for running each prison, in practice police or 
military officers (generally appointed for a period of only three to 
six months and responsible for providing security) were usually in 
charge of most prisons. Approximately 80 percent of prison guards were 
military or police officers rather than civilian correctional officers.
    There were continued allegations of drug and arms trafficking, 
prostitution, and sexual abuse within the prisons. Drugs, weapons, and 
prostitutes were available in the prison system. There continued to be 
special sections within prisons where police officers convicted of 
criminal activity, including a few known human rights abusers, were 
interned.
    Female inmates generally were separated from male inmates. Half of 
the total female population was held in a prison only for women. 
Conditions in the prison wings for women generally were better than 
those in prison wings for men. Female inmates, unlike their male 
counterparts, were prohibited from receiving conjugal visits. Those who 
gave birth while incarcerated were permitted to keep their babies with 
them for a year.
    Juveniles were processed using specialized juvenile courts and, 
with increasingly rare exceptions, were held in juvenile facilities.
    Because of serious overcrowding, authorities at many smaller 
facilities, such as Higuey prison, did not attempt to segregate 
prisoners according to the severity of criminal offense.
    Pretrial detainees were held together with convicted prisoners. The 
Directorate of Prisons estimated that two-thirds of the prisoners were 
in preventive custody, awaiting trial. This figure was difficult to 
verify, as many prisoners were considered to be in preventive custody 
after an initial conviction because they were awaiting an appeal. The 
law states that the pretrial waiting period should not exceed three 
months, but it can be extended up to a year in certain cases.
    There were also insufficient efforts to segregate and provide 
services to the mentally ill, especially at traditional prisons.
    Prison authorities continued to revamp certain prisons to create 
``model'' facilities; they improved the aging physical plant of 
existing facilities, replaced the police and military administration 
with professionally trained corrections officers under the authority of 
the Public Ministry, and focused on rehabilitation of and vocational 
training for inmates. In 2007 authorities began converting Salcedo 
prison into a model prison facility, one of 10 prisons which have 
either been converted or were in the process of conversion to a model 
facility. The attorney general reported that the incidence of 
corruption within these prisons remained minimal. However, this 
improvement for some prisoners came at the expense of others in the 
system, because when a facility was converted to a model prison, excess 
inmates were transferred to other locations, principally La Victoria, 
increasing the strain on that already-overcrowded facility.
    The Government permitted prison visits by independent human rights 
observers and the press, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--Although the Criminal Procedures 
Code (CPC) prohibits detention without a warrant unless a suspect is 
apprehended in the act or in other limited circumstances, arbitrary 
arrest and detention continued to be problems. By law authorities may 
detain a person without charges for up to 24 hours. There were numerous 
reports of individuals held and later released with little or no 
explanation for the detention.

    Role of the Police and Security Apparatus.--The National Police, 
the National Department of Intelligence (DNI), the DNCD, the Airport 
Security Authority (CESA), the Port Security Authority (CESEP), the 
Border Authority (CESFRONT), and the armed forces (army, air force, and 
navy) form the security forces. The Ministry of the Interior and Police 
is responsible for making policy decisions affecting the police force. 
The military, CESA, CESEP, and CESFRONT are under the secretary of the 
armed forces; the DNI and the DNCD, which have personnel both from the 
police and military, report directly to the president.
    The military is only responsible for domestic policing when so 
decreed by the president, and the armed forces continued to provide 
troops to support the National Police in its nightly patrols of Santo 
Domingo, Santiago, and other areas of the country.
    The police chief appointed in August 2007 announced a zero 
tolerance policy for abuses and violations of rights. Police officers 
were fired or prosecuted through the criminal justice system when found 
to have acted outside of established police procedures.
    Under new management, the Internal Affairs Unit effectively 
investigated charges of gross misconduct by members of the National 
Police. These cases involved physical or verbal aggression, death 
threats, improper use of a firearm, muggings, and theft. By November 
Internal Affairs had conducted 1,820 investigations that resulted in 
312 dismissals and 563 sanctions.
    On many occasions police officials attempted to solicit bribes from 
individuals facing arrest or imposition of fines. Local human rights 
observers reported on a few occasions that immigration authorities 
rounded up undocumented construction workers and other manual laborers 
of Haitian origin or descent in an attempt to extort money from them. 
NGOs alleged corruption among the military and migration officials 
stationed at border posts and noted that these officials sometimes were 
complicit in the illegal transit of Haitian workers into the country.
    The Institute of Human Dignity, a branch of the National Police, 
conducted training courses for police officers. In the revised police 
curriculum, both new and existing officers received human and civil 
rights training as well as increased technical training. In addition, 
the Police Academy curriculum included a policy regarding use of force, 
wherein some police officers were trained in engaging suspects with 
less lethal force.
    Training for military and DNCD enlisted personnel and officers 
included instruction on human rights. The Military Institute of Human 
Rights offered diploma courses in human rights and regularly sent 
representatives to border units to conduct mandatory human rights 
training. The Secretariat of the Armed Forces provided human rights 
training or orientation to 807 officers of various ranks and 199 
civilians during the year.

    Arrest and Detention.--The constitution provides that an accused 
person may be detained for up to 48 hours before being presented to 
judicial authorities. It also provides for recourse to habeas corpus 
proceedings to request the release of those unlawfully held. Any 
prisoner detained for more than 48 hours without being formally charged 
is entitled to file a motion of habeas corpus. The presiding judge at 
the habeas corpus hearing is empowered to order the prisoner's release 
when the prisoner has been detained for more than 48 hours without 
being formally charged or when there is insufficient proof of a crime 
to warrant further detention. The judge's decision to release a 
prisoner is subject to appeal by the district attorney.
    The CPC establishes a more restrictive 24-hour time limit in which 
to make formal charges, which was generally observed.
    Despite the foregoing provisions, at times the police detained 
suspects for investigation or interrogation beyond the constitutionally 
prescribed 48-hour. Police often detained all suspects and witnesses in 
a crime and used the investigative process to determine the individuals 
who were innocent and merited release, and those whom they should 
continue to hold. Even so, successful habeas corpus hearings reduced 
these abuses significantly.
    Given the inefficiency of and corruption within the judicial 
system, a significant number of defendants granted bail failed to 
appear in court for a trial. Although previously granted only to a few 
defendants, bail became more common under the new CPC, which requires 
judicial review of detentions at an earlier point in a criminal case, 
but the system proved inadequate to prevent defendants from 
disappearing.
    The law requires provision of counsel to indigent defendants, but 
most detainees and prisoners unable to afford defense services did not 
have prompt access to a lawyer. The National Office of Public Defense, 
with foreign donor support, provided legal advice and representation to 
indigent persons, but resource constraints resulted in inadequate 
levels of staffing. Nationwide there were 16 public defense offices, 
with 140 public defenders, 72 part-time defense lawyers and five 
investigators. The Government continued its program to train public 
defenders on relevant changes caused by implementation of the CPC and 
expanded training for prosecutors. As mandated by law, the Attorney 
General's Office emphasized assistance to crime victims by conducting 
civil cases for victims who did not have the means to hire a private 
lawyer. To represent these victims, the Attorney General's Office 
operated a Legal Representation Victim's Office with 10 trained 
lawyers.
    Police continued the practice, albeit less frequently, of making 
sporadic sweeps or roundups in low-income, high-crime communities, 
during which they arrested and detained individuals without warrants, 
allegedly to fight delinquency. During these sweeps police arrested 
large numbers of residents and seized personal property allegedly used 
in criminal activity.
    Many suspects endured long pretrial detention. Under the CPC the 
judge has authority to order a detainee to remain in police custody 
between three months and one year. According to the Directorate of 
Prisons, average pretrial detention decreased but typically was between 
three and six months. Time served in pretrial detention counted toward 
completing a sentence. The Public Ministry continued implementing an 
automated case-tracking system that permitted prosecutors to adhere 
more effectively to pretrial detention regulations and thereby reduce 
the number of occasions when the CPC time limits were exceeded. This 
system covered 14 of 32 district attorney offices.
    Juveniles at the Department for Minors at the Villa Juana police 
station commonly were held well beyond the 12-hour limit for sending 
the case to the district attorney's office. The law prohibits 
interrogation of juveniles by the police or in the presence of police. 
Prosecutors and judges handle juvenile interrogations.
    The failure of prison authorities to produce the accused for court 
hearings caused a significant percentage of trial postponements. 
Inmates often had their court dates postponed because they were not 
taken from prison to court or because their lawyer, codefendants, or 
witnesses did not appear. The Government lacked the funding to 
transport all defendants between prison and court. Despite additional 
protections for defendants in the CPC, in some cases the authorities 
continued to hold inmates beyond the mandated deadlines even though 
there were no formal charges against them.
    In addition to the judicial service offices established in La Vega 
and Moca in 2006-07, another was installed in Puerta Plata. These 
offices allowed urgent matters in need of a judge (such as obtaining an 
arrest or search warrant and conducting arraignments) to be attended to 
24 hours a day. The latest such office was inaugurated in the district 
of Santo Domingo in September. These judicial service offices are part 
of an effort to increase efficiency and reorganize the courts so they 
operate in conformance with the CPC. This reorganization proceeded at a 
steady, if not rapid, pace.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, despite increasing independence in the 
judiciary, instances of political influence in decision making were 
still evident. Interference by public entities, when it occurred, 
tended toward public pronouncements regarding active cases and 
selective prosecution, as opposed to direct intervention in existing 
cases. On occasion, however, it appeared that judges in superior courts 
attempted to improperly influence lower court decisions. In addition 
corruption continued to be a serious problem.
    The judiciary consists of a 16-member Supreme Court, various 
appeals courts, courts of first instance, and justices of the peace. 
There are specialized courts that handle tax, labor, land, and juvenile 
matters. A Magistrate's Council selects Supreme Court justices based on 
factors such as general reputation and time in service, although the 
political composition of the council leaves open the possibility for 
patronage appointments. Lower court judges are appointed following 
passage of rigorous entrance examinations, completion of a training 
program, and successful completion of an examination.
    Overall, the professionalism of the judiciary continued to improve, 
largely as the result of an intensive government reform program 
initiated in 1996, including a training program for judges upon entry 
and continuing legal education.
    The professionalism of attorneys remained spotty, with no formal 
minimum standards for general attorneys and almost automatic approval 
to practice law following general law classes. The Dominican Bar 
Association consistently argued against a bar examination. Public 
defenders and public prosecutors, however, were typically well 
qualified; their particular organizations required passage of objective 
examinations for employment.

    Trial Procedures.--The law provides for a presumption of innocence, 
the right of appeal, and the right to confront or question witnesses. 
The law establishes a citizen's right not to be deprived of liberty 
without trial or legal formalities or for reasons other than those 
provided by law, the right against self-incrimination, and the right to 
a defense in an impartial and public trial. Defendants have the right 
to remain silent. There were credible allegations that authorities 
violated these rights in some cases, but there was improved adherence 
to due process as authorities became increasingly familiar with the 
modifications to the CPC.
    Military and police tribunals no longer exercise exclusive 
jurisdiction over cases involving members of the security forces. 
Civilian criminal courts handle cases of killings allegedly committed 
by members of the security forces during the year.

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

    Civil Judicial Procedures and Remedies.--There are separate court 
systems for claims under criminal law, commercial and civil law, and 
labor law. Commercial and civil courts reportedly suffered lengthy 
delays in adjudicating cases, although their decisions were generally 
enforced. As in criminal courts, undue political or economic influence 
in civil court decisions remained a problem.
    Citizens had recourse to the remedy of ``amparo,'' an action to 
seek redress of any violation of a constitutional right, including 
violations by judicial officials. Although this remedy was rarely used 
except by those with sophisticated legal counsel, civil society and 
journalists were beginning to seek amparo in major cases.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary entry into a private 
residence, except when police are in hot pursuit of a suspect or when a 
suspect is caught in the act of committing a crime. The law provides 
that all other entries into a private residence require an arrest 
warrant or search warrant issued by a judge. In practice, however, the 
police conducted illegal searches and seizures, including raids without 
warrants on private residences in many poor Santo Domingo 
neighborhoods.
    Although the Government denied using unauthorized wiretapping or 
other surreptitious methods to interfere with the private lives of 
individuals and families, human rights groups alleged such interference 
continued.
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 or groups generally were able to 
criticize the Government publicly and privately without reprisal, 
although a local journalists' association reported threats and 
aggression against the free exercise of the press.
    Newspapers and magazines presented a variety of opinions and 
criticisms. There were eight daily newspapers, a number of weekly 
newspapers, and numerous online news outlets. Editors at times 
practiced self-censorship, particularly when coverage could adversely 
affect the economic or political interests of media owners. Owners at 
times used the media to attack their critics. Coverage of the major 
bank fraud trials was often influenced by the fact that two of the 
major newspapers were owned by defendants in the trials.
    In Bani in June, the district attorney, Victor Cordero Jimenez, 
allegedly attacked journalist Manuel Guillermo Mejia when Mejia asked 
about the district attorney's performance in a drug-related case, which 
ultimately led to his dismissal. The judge in Bani banned Cordero from 
leaving the country while the case against him was heard and required 
him to appear in court once every 30 days.
    In September a local judge authorized a police search to obtain 
video and documents from the offices of two investigative journalists, 
Huchi Lora and Nuria Piera; however, they appealed and the search was 
not conducted. The journalists had released a story about nutritional 
deficiencies in milk the Government was serving to school children. 
LADOM, the firm that supplied the milk, sued the journalists for 
slander and requested the police search; it later withdrew the suit in 
the face of strong media criticism. The Government initiated a 
corruption investigation after it was reported that the daughter of the 
minister of education was a LADOM employee.
    There were many privately owned radio and television stations, 
broadcasting a wide spectrum of political views. The Government 
controlled one television station. International media operated freely.
    On August 7, cameraman Normando Garcia was killed in Santiago. An 
investigation examining the possibility that his death was related to 
his work as a journalist remained pending at year's end. The National 
Journalists' Union reported that civil, police, and military 
authorities; criminals; and other persons assaulted or threatened more 
than 53 journalists between March and September. As of October the NGO 
Reporters Without Borders reported more than 32 threats of violence 
against journalists or physical attacks on news organizations in which 
those responsible were often security forces. The Government did little 
to investigate the threats of violence or physical attacks on 
journalists, but according to NGOs, journalists were frequently 
summoned when their reporting was critical of the Government.
    The police were protecting Carlos Corporan, a journalist from San 
Cristobal, following the revelation of a plot by unknown assailants to 
kill him for the reporting he completed linking local judges to drug 
trafficking.

    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 Wi-Fi hotspots. Blog 
functions were also available on several local press sites that allowed 
strongly stated views against the Government and other powerful 
sectors.

    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, but outdoor public 
marches and meetings require permits, which the Government usually 
granted. On several occasions, police officers used force to break up 
spontaneous demonstrations and injured demonstrators or bystanders.

    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 provides for freedom of 
religion, and the Government generally respected this right in 
practice. The law prohibits discrimination on religious grounds, and 
many religious denominations were active.
    The Catholic Church enjoyed special privileges not extended to 
other religions, under the terms of a concordat. For example, the 
cardinal has the rank of a military general officer and the Government 
only recognizes civil and Catholic marriages.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against members of religious groups. 
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, and the Government generally respected these rights in 
practice; however, there were some exceptions. Local and international 
human rights groups reported that hundreds of thousands of persons 
without proper documentation, including Haitian migrants and other 
persons of Haitian descent, faced obstacles in traveling both within 
and outside of the country.
    Although the Government claimed it no longer practiced mass 
deportation, such practices were still reported. The new border control 
authority reported that from January to October, it had repatriated 
6,184 Haitians. NGOs reported that in the majority of these cases, the 
Government's agents did not follow due process or internal basic human 
rights guidelines, despite the terms of a bilateral agreement with 
Haiti regarding repatriation of undocumented Haitians and express 
instructions from the director of migration to follow the guidelines.
    The law prohibits forced exile, and there were no reports of its 
use.

    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 
but has not implemented it effectively.
    An applicant for refugee status must be referred by the National 
Office of Refugees in the Migration Directorate to the Technical 
Subcommittee of the National Commission for Refugees, which is chaired 
by the Foreign Ministry. The subcommittee has the responsibility of 
making a recommendation to the commission, consisting of members from 
the Foreign Ministry, the DNI, and the Migration Directorate. The full 
commission has the responsibility for the final decision on the 
application but met only once during the past 14 years. The commission 
includes the three members of the subcommittee, the legal advisor to 
the president, and members from the National Police, the Ministry of 
Labor, and the Attorney General's Office.
    As of October the Migration Directorate reported between 300 and 
400 asylum applications, nearly all made by Haitians. Some of these 
cases had been awaiting decision since 2000, with only six new cases 
filed during the year. According to NGOs, hundreds of other asylum 
seekers submitted claims that had not been processed, leaving those 
individuals in a state of legal limbo for years. Most of these 
individuals lacked documentation sufficient to obtain permission to 
work legally and to exercise other rights, such as obtaining 
documentation for their children.
    Although the Government provided some protection against the 
expulsion or return of persons to countries where their lives or 
freedom might be threatened, there was still a risk of deportation. 
Protection generally applied to individuals who gained access to the 
refugee process and had been issued proof that they were refugees or 
had applications pending. The documents provided do not bestow 
significant legal rights, including residency, and due to lack of 
training, may not be recognized by all officials who might apprehend 
such a person. Authorities took no affirmative action to prevent 
deportation of registered asylum seekers.
    The 1951 UN Convention relating to the Status of Refugees provides 
that children born to refugees also be entitled to refugee status. 
There were reports that children born to Haitian refugees-even those 
born to holders of migration documents-were routinely denied birth 
certificates as well as education, health, and security documentation. 
In this respect they received the same treatment as any undocumented 
Haitian migrant.

    Stateless Persons.--The constitution provides that anyone born in 
the country is a Dominican national, except children born to diplomats 
or those ``in transit.'' However, the Government regularly used the in 
transit exception to deny registration as nationals to children born in 
the country of parents of Haitian descent, even when their parents and 
grandparents had resided in the country for long periods of time. In 
2005 the Supreme Court ruled that transit status applied to children of 
undocumented migrants.
    Haitian consulates reported that they were legally authorized to 
register only those births that were declared within a year. Parents 
declaring a birth were required to submit valid forms of identification 
in order to file a claim. These requirements could not be met by a 
significant number of persons of Haitian descent in the country, and 
thus their children remained undocumented. Consequently, thousands of 
Dominican-born persons of Haitian descent were functionally stateless; 
one estimate placed the number at between 600,000 and one million 
persons.
    The Dominicans and Dominican-born persons of Haitian descent who 
lacked citizenship or identity documents faced obstacles in traveling 
both within and outside of the country. In addition persons who are 
undocumented cannot obtain the national identification card (cedula) or 
a voting card. Persons without a cedula have limited access to formal 
sector jobs, public higher education, marriage and birth registration, 
formal economy services such as banks and loans, access to courts and 
judicial procedures, and owning land or property.
    Government officials often took strong measures related to 
citizenship for persons of Haitian descent. In March 2007 the Central 
Elections Board (JCE) issued an administrative instruction ordering 
officials to refrain from issuing, signing, and providing official 
copies of birth documents for individuals whose parents were foreigners 
and had not legally proven their residency. This resulted in cases of 
retroactive cancellation of birth and identity documents, many 
pertaining to persons of Haitian descent. The Government stated that 
such cancellations were based on evidence that the documentation had 
been obtained fraudulently, that the cases numbered in the hundreds, 
and that only a small fraction involved parents of Haitian descent. 
However, advocacy groups alleged that the revocations targeted persons 
whose parents were Haitian or whose names sounded Haitian and that the 
number of revocations was in the thousands. In September the JCE 
completed an internal memo directed at revoking the birth certificates 
and cedulas of 126 children born to Haitian migrants and their 
children. Some of the births had been recorded decades ago, with 
several from the early 1970s. The JCE was unable to locate similar 
memos directed at other nationalities by year's end. In July, the JCE 
reported discovering 2,416 cedulas ``irregularly issued'' to foreigners 
between 1994 and 1997. Of these, 82, or 3 percent, were issued to 
Haitian migrants or persons of Haitian descent.
    In May, although the courts initially decided to issue a birth 
certificate to Nuny Angra Luis, whose parents were not Dominican, the 
JCE appealed and won based on an argument that the original birth 
certificate was ``issued in an irregular manner.''
    The Government has taken no action in the case of Norberto Selvi, 
who was denied a copy of his birth certificate in 2007.
    Also in March 2007, the JCE created a registration system that 
allowed children born in the country of parents who were not legal 
residents to receive a special birth certificate. This involved a 
registration book for foreigners. Regulations stipulated that children 
born of parents who were not legal residents of the country and have 
documentation from their home country may register their child in the 
book, after which the parents would be given an official report of 
birth, which does not confer citizenship. Only children born in 
hospitals are eligible for registration in the book. Children of 
undocumented mothers are given provisional birth certificates until the 
mother obtains her documents. An undocumented mother may make a late 
declaration in the civil registry by presenting her parents' birth 
certificates. However, most undocumented mothers could not comply with 
this requirement as their parents also did not have documents.
    Local and international NGOs reported that since implementation of 
the foreigner's book, hospitals and civil registries did not register 
numerous children of Haitian migrants and their descendents. As of 
November the JCE reported that approximately 200 of some 300 children 
registered in the foreigner's book were of Haitian descent. Based on 
average birth rates and the estimated population of Haitians in the 
country, between 10,000 and 20,000 children are born to Haitian 
migrants and their descendants each year. NGOs reported that some 
Haitian parents who were in the country legally, and whose children are 
Dominican nationals under Dominican law, were required to register 
their children's births in the foreigner's book.
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 nearly 
universal suffrage. Active-duty police and military personnel may not 
vote or participate in partisan political activity.

    Elections and Political Participation.--On May 16, PLD candidate 
Leonel Fernandez won the presidency in an election described as 
generally free and fair by the Organization of American States, 
independent observers, and the Government electoral board. Observers 
also described the 2006 congressional and municipal elections as 
generally free and fair.
    By law parties must reserve for women 33 percent of positions on 
their lists of candidates for the House of Representatives and city 
councils; in practice the parties often placed women low on the lists. 
There were two women in the 32-member Senate, 33 women in the 178-
member House of Representatives, two women in the cabinet, and five 
women on the 16-seat Supreme Court.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials who engaged in corrupt 
practices did so with impunity. The World Bank's worldwide governance 
indicators reflected that government corruption was a serious problem.
    Government officials brought a number of private and public sector 
corruption cases to trial, although there appeared to be a reluctance 
to investigate seriously and prepare for trial cases involving senior 
government officials of either the current or former government. In 
those cases that went to trial, the prosecution had little success in 
obtaining either convictions or prison sentences. An exception was a 
case involving Plan RENOVE, a public transportation program. In 
February 2007 the Supreme Court issued a final verdict of conviction 
and sentenced the defendants to six months of house arrest or minimum 
security prison. The use of nonjudicial sanctions, such as dismissal or 
transfer, against armed forces members, police officers, and other 
minor government officials engaged in bribe taking and other corrupt 
behavior accelerated but ultimately provided insufficient incentive to 
check pervasive petty corruption. Society's widespread attitude of 
tolerance toward at least some forms of corruption complicated the 
problem.
    The Commission for Ethics and the Fight Against Corruption, 
appointed by the president, continued to operate, although with little 
or no impact as it lacked well-defined authorities and decision-making 
structures.
    The Attorney General's Office removed three prosecutors in Bani for 
their alleged involvement in a case related to the killing of seven 
supposed drug traffickers, and arrested several naval officers and a 
former police officer. Authorities also removed two other district 
attorneys for ``professional misconduct.''
    Judicial proceedings related to the fraud-based 2003 collapse of 
Banco Intercontinental (Baninter) concluded in July when the Supreme 
Court ratified the conviction of three defendants and found the fourth 
defendant guilty on appeal. In addition to fines, the court sentenced 
three defendants to 10 years in prison and the fourth one to five 
years. Civil society commentators considered the trial to be a major 
challenge to impunity; two of the principal defendants, Baninter former 
president Ramon Baez Figueroa and economist Luis Alvarez Renta, 
reportedly had strong ties within local political circles.
    On December 22, however, President Fernandez pardoned a convicted 
former Baninter vice president as well as four persons convicted in the 
RENOVE case. Most members of the Pardons Commission resigned in protest 
against the pardons.
    Judicial rulings were often not enforced. In a case involving a 
foreign firm the Government refused to enforce a court ruling to halt 
an illegal blockade of a refining plant by disgruntled ex-contractors.
    In July, following allegations of corruption within the Court of 
Accounts, Congress investigated and voted to remove all members of the 
institution.
    The law requires that the president and vice president, members of 
congress, some agency heads, and other officials such as mayors and 
council members, as well as income tax and customs duty collectors, 
make declarations of their inventory of personal and real property 
within a month of being hired and when they ``end their 
responsibilities.'' However, compliance was spotty, verification 
inadequate, and the information required was not particularly useful. 
The Department of Prosecution of Corruption, an office within the 
Public Ministry, is in charge of reviewing these declarations.
    The law provides for public access to government information, with 
limits on the availability of public information only under specified 
circumstances (such as to protect national security), and penalties of 
up to six months to two years in prison and a five-year ban from 
positions of public trust for government officials who obstruct access 
to public information. A court may review the decision of an agency to 
deny access to information. Since its first use in 2007 involving 
documents related to a costly underground public works project, which 
required Supreme Court intervention to force the documents' production, 
there were no subsequent recourses to the courts to enforce requests. 
While often timely, responses were also often incomplete, and the 
Government dismissed subsequent requests.
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. While government 
officials generally were cooperative and responsive to their views, 
human rights groups who advocated for the rights of Haitians and 
persons of Haitian descent were an important exception and faced 
occasional government harassment.
    In August police entered the house of Manuel Maria Mercedes, the 
human rights pastor for the Evangelical Church, without authorization.
    In March 2007 the JCE prepared an internal memo recommending that 
Dominican-Haitian activist Sonia Pierre be stripped of her citizenship, 
an action seen by many as retaliation for her advocacy. The JCE's 
president subsequently disavowed the leaked internal investigation 
report, stating that the inquiry had been carried out at the request of 
a single congressman.
    Also in 2007, government officials protested overseas showings of 
documentary films such as Sugar Babies and The Price of Sugar, produced 
by activist groups that advocate improved labor and human rights 
conditions in the sugar industry.
    Principal local groups included the Dominican Human Rights 
Committee, the National Human Rights Commission, and the Santo Domingo 
Institute of Human Rights. There were also several smaller secular and 
religious organizations that addressed women's rights, labor issues, 
and the rights of Haitians and their descendants in the country.
    By year's end the Government had still not implemented a 2001 law 
mandating the creation of a human rights ombudsman's office.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the law prohibits discrimination based on race and gender, 
such discrimination existed, and the Government seldom acknowledged its 
existence or made efforts to combat it.

    Women.--Rape was a serious and widely underreported problem. The 
penalties for rape are 10 to 15 years in prison (or 10 to 20 years in 
case of rape of a vulnerable person or under other egregious 
circumstances) and a fine of 115,000 to 230,000 pesos (approximately 
$3,300 to $6,600). The state may prosecute a suspect for rape even if 
the victim does not file charges, and rape victims may press charges 
against a spouse. Victims often did not report cases of rape because of 
fear of social stigma, as well as the perception that the police and 
the judiciary would fail to provide redress. Police were reluctant to 
handle rape cases and often encouraged victims to seek assistance from 
NGOs.
    Domestic violence continued to be a serious problem. Under the Law 
against Domestic Violence, the state can prosecute rape, incest, sexual 
aggression, and other forms of domestic violence. Penalties for these 
crimes range from one to 30 years in prison and fines from 700 to 
245,000 pesos (approximately $20 to $7,000). A local NGO estimated that 
20 percent of women between the ages of 15 and 49 had been victims of 
physical abuse at some point in their lives. In 2007, 177 women were 
killed as a result of violence against women.
    According to the district attorney, in the National District, which 
includes a large section of Santo Domingo with approximately 10 percent 
of the country's population, more than 6,000 women had experienced 
gender violence. Of those claims, 31 percent involved physical violence 
and 32 percent included psychological abuse and verbal threats. The 
district attorney of Santo Domingo had a specialized Violence 
Prevention and Attention Unit. With 14 satellite offices around the 
city, victims of violence could file criminal complaints, obtain free 
legal counsel, and receive psychological and medical attention. Police 
were instructed to forward all domestic violence and sexual assault 
cases to these offices. Each office had professional psychologists on 
staff to counsel victims of violence and to assess the threat of 
impending danger associated with a complaint. These offices had the 
authority to issue temporary restraining orders immediately after 
receiving complaints and to serve as messengers for the victims, which 
prevented contact between the victim and the abuser.
    Although the number of complaints received by the Violence 
Prevention and Attention Unit increased, which may have reflected the 
growing awareness of the resources available to victims, few cases went 
to trial. As of September the unit received 7,478 cases of violence 
against women. Of the total cases, 2,210 were in the process of 
investigation, 1,027 were sent to trial, and 300 were dismissed.
    The National Directorate for Assistance to Victims coordinates 
efforts of official and nongovernmental institutions that offer 
services to victims of violence. It has three offices in Santo Domingo 
and another three around the country. These offices not only accepted 
criminal complaints from victims of violence throughout the country but 
also provided counseling and protection services and, when necessary, 
referrals to medical or psychological specialists. The Attorney 
General's Office, the Secretariat of Women, and various NGOs conducted 
outreach and training programs on domestic violence and legal rights. 
Additionally, the Attorney General's Office established a public 
information campaign against sexual and labor exploitation and launched 
a national hot line for prevention and victim assistance.
    The Secretariat of Women also operated two refugee shelters for 
victims of domestic violence in undisclosed locations, where abuse 
victims could make a report to the police and receive counseling.
    Prostitution is legal, although there are some prohibitions against 
sex with minors, and it is illegal for a third party to derive 
financial gain from prostitution. However, the Government usually did 
not enforce prostitution laws. Sex tourism remained a serious problem, 
particularly in Las Terrenas, Cabarete, Sosua, and Boca Chica. Human 
rights groups reported continuing prostitution in sugarcane work camps 
and areas outside the capital. NGOs conducted programs about 
prostitution and child sexual exploitation for hotel and industrial 
zone workers, male and female prostitutes, and other high-risk groups.
    Sexual harassment in the workplace is a misdemeanor and carries a 
possible penalty of one year in prison and a fine of up to 10,000 pesos 
(approximately $286); however, union leaders reported that the law was 
not enforced, and sexual harassment was a problem.
    Although the law provides that women have the same legal status as 
men, in practice women experienced discrimination. Women did not enjoy 
social and economic status or opportunity equal to those of men, and 
men held most leadership positions in all sectors. In many instances 
women received less pay than men in jobs of equal content and requiring 
equal skills. Some employers reportedly gave pregnancy tests to women 
before hiring them, as part of a required medical examination. Although 
it is illegal to discriminate based on such tests, NGO leaders reported 
that pregnant women often were not hired and that female employees who 
became pregnant sometimes were fired. There were no effective 
government programs to combat economic discrimination against women.

    Children.--The Government declared its commitment to children's 
rights and welfare and tried to increase protection for children, with 
emphasis on eliminating child labor. However, the Government did not 
meet the law's stipulation that the noncabinet National Council for 
Children and Adolescents (CONANI) receive at least 2 percent of the 
national budget and that a minimum of 5 percent of municipal government 
budgets be devoted to projects to benefit children.
    In October the NGO Profamilia and the UN Children's Fund (UNICEF) 
reported that 13 percent of children were not registered at birth. A 
child not registered at birth is undocumented until a late declaration 
is made, and there were limitations on late declarations. Undocumented 
children, particularly those of Haitian descent, faced challenges in 
accessing primary public education (See Section 2.d.).
    Although education is free, universal, and compulsory for all 
minors through the eighth grade, legal mechanisms provide only for 
primary schooling, which was interpreted as extending through the 
fourth grade.
    Abuse of children, including physical, sexual, and psychological 
abuse, was a serious problem. Through June, in orphanages alone, CONANI 
reported 20 cases of sexual abuse, 46 cases of physical abuse, and 47 
cases of commercial sexual exploitation of children under the age of 
18. Few such cases reached the courts, due to fear of family 
embarrassment, lack of economic resources, or lack of knowledge 
regarding available legal assistance. The Santo Domingo district 
attorney's office reported that in most abuse cases, the accused was a 
person close to the child, such as a family member or close family 
friend. The law provides for removal of a mistreated child to a 
protective environment.
    Local monitors believed that instances of child abuse were 
underreported because of the social norm that such problems should be 
dealt with inside the family. The law contains provisions concerning 
child abuse, including physical and emotional mistreatment, sexual 
exploitation, and child labor. The law provides penalties of between 
two and five years' incarceration and a fine of three to five times the 
monthly minimum wage for persons found guilty of abuse of a minor. The 
penalty is doubled if the abuse is related to trafficking.
    The Government's National Directorate for Assistance to Victims 
coordinated efforts of official and nongovernmental organizations to 
assist children who were victims of violence and abuse.
    Trafficking and sexual exploitation of children within the country 
were problems, particularly in major urban areas and popular tourist 
destinations. Child prostitution often was based on economic need, and 
the Government initiated several programs to combat the sexual 
exploitation of minors, including notices in airports and targeted 
programs in popular tourist locations.
    Child labor was a serious problem in the informal sector of the 
economy.

    Trafficking in Persons.--Although the law prohibits trafficking in 
persons, there were reports that men, women, and children were 
trafficked to, from, and within the country.
    The NGO Center for Integral Orientation and Investigation (COIN) 
estimated that from 17,000 to 33,000 Dominican women abroad were 
victims of trafficking. Principal destination countries were in Western 
Europe, Argentina, Brazil, and Central American and the Caribbean. 
Women 18 to 25 years of age were at the greatest risk of being 
trafficked. Many victims were single mothers with low levels of 
education seeking to improve the living conditions of their children. 
Internally trafficked victims were typically women or adolescents 
trafficked for sexual exploitation to urban or tourist areas.
    NGOs estimated that there were hundreds of alien smuggling and 
trafficking rings operating within the country operated by Dominicans 
and foreigners. According to COIN and the International Organization 
for Migration (IOM), trafficking organizations were typically small 
groups. Individuals in the country recruited the persons to be 
trafficked and obtained identification and travel documents. 
Traffickers frequently met women through friends and family; they 
promised some form of employment, obtained false or legitimate 
documents for the women, and often retained their passports after 
arrival in the destination country. Trafficking organizations 
reportedly received 175,000-280,000 pesos (approximately $5,000-$8,000) 
for trafficking a woman for purposes of sexual exploitation.
    The law includes penalties for traffickers of 15-20 years' 
imprisonment and a fine of up to 175 times the monthly minimum wage. 
The Code for Minors provides penalties for sexual abuse of children of 
20-30 years' imprisonment and fines from 100-150 times the minimum 
wage.
    In October 2007 the Government established the National Commission 
against Trafficking in Persons, charged with developing a national 
strategy to combat trafficking and improve victim protection, but at 
year's end it was unclear whether the Government would approve and fund 
it. As of year's end, the Attorney General's Office had four open 
investigations into trafficking in persons. The Government completed 
investigation of a case involving two Dominican women trafficked to 
Turkey, a court issued arrest warrants for two trafficking suspects, 
and authorities were engaged in a manhunt for them. In May the 
Department of Alien Smuggling and Trafficking in Persons rescued 16 
women who were trafficking victims in Santo Domingo. The IOM provided 
shelter for 15 of them for 15 days, after which they returned to their 
country. Only one of the women agreed to cooperate with the 
prosecutor's office and stayed several more days to testify in open 
court against the traffickers.
    The attorney general's antitrafficking unit coordinated the 
investigation and prosecution of trafficking cases. Units at the 
National Police, the Migration Directorate, and the Attorney General's 
Office targeted trafficking in persons, as did the interagency 
Committee for the Protection of Migrant Women. The Migration 
Directorate's antitrafficking department coordinated with the Attorney 
General's Office and the National Police to find and prosecute persons 
dedicated to trafficking women for prostitution and commercial sexual 
exploitation.
    The Government made efforts to investigate public officials who 
facilitated, condoned, or were complicit in trafficking activities or 
migrant smuggling, but lack of resources and access to closed ethnic 
communities hampered efforts to bring cases to trial.
    The Government provided some assistance to trafficking victims both 
overseas and in the country, but it relied on NGOs and international 
organizations to provide the bulk of protection services. The Ministry 
of Foreign Affairs developed a worldwide network of consular officers 
trained to recognize and assist victims of trafficking. There were 
several church-run shelters that provided refuge to children who 
escaped prostitution. Public shelters for victims of domestic violence 
were generally not accessible to trafficking victims. The Government 
began an awareness-raising campaign by radio, television, and print 
media to discourage illegal emigration and combat human trafficking.
    The Prevention Unit of the Department of Alien Smuggling and 
Trafficking in Persons, in coordination with the Ministries of Labor 
and Education, continued outreach training at schools around the 
country. The courses warned children of the dangers of alien smuggling, 
commercial sexual exploitation, and trafficking. The Government and 
various organizations continued efforts to address the problem of sex 
tourism in high volume tourism areas. NGOs also conducted programs for 
hotel and industrial zone workers about prostitution and child sexual 
exploitation issues.
    COIN and the IOM counseled women planning to accept job offers in 
Europe and the eastern Caribbean about immigration, health, and other 
problems, including the dangers of trafficking, forced prostitution, 
and forced domestic servitude. COIN administered the Center for Health 
and Migration Information for Migrant Women, which carried out 
community education campaigns in high-risk areas on these issues, as 
well as citizenship documentation and legal work requirements. With IOM 
support, COIN also provided a minimal level of clinical services and 
adult education classes for returned women.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although the law prohibits 
discrimination against persons with disabilities, these individuals 
encountered discrimination in employment and in obtaining other 
services. The law provides for physical access for persons with 
disabilities to all new public and private buildings, but the 
authorities did not enforce this provision. The Dominican Association 
for Rehabilitation, which had 17 branches around the country, received 
a subsidy from the Ministry of Public Health to provide rehabilitation 
assistance to persons with disabilities.
    Discrimination against persons with mental illness was common 
across all public and private sectors, and there were few resources 
dedicated to the mentally ill.

    National/Racial/Ethnic Minorities.--There was significant evidence 
of racial prejudice against persons of dark complexion, but the 
Government denied that such prejudice exists and therefore did little 
to address the problem. Acts of discrimination were common. In 
particular there were strong prejudices against Haitians, which 
disadvantaged many Haitians and Dominicans of Haitian ancestry, as well 
as other foreigners of dark complexion. Few government officials 
acknowledged the existence of this discrimination; others regularly and 
publicly denied that it existed.
    Local NGOs reported incidents where darker-skinned persons were 
denied access or services in banks, enrollment in private schools, and 
birth registration in hospitals. In a November 2007 report, the UN 
Special Rapporteurs for Racism and the Rights of Minorities urged 
authorities to recognize the existence of racism and discrimination 
against minorities, adopt a national action plan to address the 
problem, revise a JCE rule that resulted in revocation of identity 
documents for Haitians, and cease mass repatriations of Haitians. 
Government officials responded to the report with a denial that racism 
existed in the country, referencing comments that the country was a 
mulatto community. They asserted that the JCE rule focused on fraud and 
that Haitians in the country could receive their identity documents in 
Haiti. The Government also claimed there were no grounds to state that 
black Dominicans were being repatriated to Haiti and noted that 
authorities suspended repatriations on Fridays to prevent employers 
from using this as a tool to avoid paying laborers for the week's work.
    Haitians continued to immigrate to the country in search of 
economic opportunity, and the Government repatriated many of them. 
Migration authorities and security forces conducted periodic sweeps 
throughout the year to locate and repatriate undocumented persons of 
Haitian descent. Some of those removed from the country reported that 
they were denied the opportunity to demonstrate that they were legal 
residents, to make arrangements for their families or property, or to 
express a credible fear of persecution or torture if returned to Haiti. 
NGOs reported that migration officials and security forces sometimes 
confiscated and destroyed expellees' residency documents and passports 
despite standing government orders to respect the human rights of the 
expellees. In some cases expellees with appropriate legal documents 
received permission to return.
    Some Haitian immigrants lived in shantytowns or sugarcane work 
camps known as ``bateyes.'' As in many poor areas in other parts of the 
country, these were harsh environments with limited or no electricity, 
usually no running water, and no adequate schooling. In many bateyes, 
medical assistance either was rudimentary or not readily available and 
clean water was rarely available. Many batey residents, lacking 
documentation, felt they had little choice but to remain in their 
communities, where they felt relatively safe from the risks of 
deportation and harassment that existed elsewhere in the country.
    Although human rights NGOs and activists described living 
conditions in the bateyes as modern-day slavery, private sector 
enterprises in the sugar sector continued to make improvements at their 
facilities that began in 2007, including new schools and both new and 
renovated housing. In Nuevo Cayacoa the construction of a fully modern 
housing and community development was well underway.

    Other Societal Abuses and Discrimination.--There were no reports of 
violence against persons on the basis of their sexual orientation.
    Persons with HIV/AIDS, particularly women, faced discrimination in 
the workplace and elsewhere. According to the UN agency UNAIDS, an 
estimated 60,000-65,000 persons in the country were infected with the 
disease. According to Human Rights Watch and Amnesty International, 
workers in many industries faced obligatory HIV testing in the 
workplace or when seeking medical care or medical insurance. Workers or 
patients found to have the disease could be fired from their jobs or 
denied adequate health care. Although the law prohibits the use of HIV 
testing to screen employees or for medical services unrelated to the 
disease, there were no known instances where this law was enforced, 
despite reports that official complaints had been filed.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the freedom to 
organize labor unions, and all workers, except the military and the 
police, were free to form and join unions of their choice. Organized 
labor represented an estimated 8 percent of the work force. The law 
calls for automatic recognition of a union if the Government has not 
acted on its application within 30 days.
    A few labor unions represented a small number of Haitian workers, 
who are covered by the Labor Code regardless of legal status. Various 
NGOs reported that the majority of Haitian laborers in the agricultural 
and construction industries did not exercise their rights, fearing 
firing or deportation. In November, however, 500 undocumented Haitian 
employees of a private sugar producer sued their employer and won the 
right to benefits and a written contract. The ruling was on appeal at 
year's end.
    The law provides for the right of most workers to strike (and for 
private sector employers to lock out workers), but formal strikes were 
not common. Formal requirements for a strike include the support of an 
absolute majority of all company workers whether unionized or not, a 
prior attempt to resolve the conflict through mediation, written 
notification to the Ministry of Labor, and a 10-day waiting period 
following notification before proceeding with the strike.
    Government workers and essential public service personnel are not 
allowed to strike.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is legal and must be used in firms in which a union has 
gained the support of an absolute majority of the workers. Few 
companies had collective bargaining pacts, and the International Labor 
Organization (ILO) considered the requirements for such pacts to be 
excessive and an impediment to collective bargaining.
    The law establishes a system of labor courts for dealing with 
disputes. While cases made their way through the labor courts, the 
process was often long and cases remained pending for several years. 
The most recent study by the Foundation for Institutionalism and 
Justice, a local NGO, showed that the average case resolution time was 
15.3 months in courts of first instance and 16.4 months in appeals 
court.
    Many participants reported that nonbinding mediation facilitated by 
the Ministry of Labor was the most effective method for resolving 
worker-company disputes.
    The law forbidding companies from firing union organizers or 
members was enforced inconsistently, and penalties were insufficient to 
deter employers from violating worker rights. There were reports of 
harassment and intimidation by employers in an effort to prevent union 
activity, especially in the free trade zones (FTZs). The Dominican 
Federation of Free Trade Zone Workers (FEDOTRAZONAS) reported continued 
incidents of antiunion activity at the TOS Dominicana plant in Bonao. 
The Ministry of Labor facilitated talks between the plant owners and 
employees, and in August the parties signed a three-year collective 
bargaining agreement following nearly one year of negotiation.
    Local NGOs reported that companies routinely attempted to create 
``yellow'' or company-backed unions in an effort to dilute the worker 
union's power.
    The International Trade Union Congress reported an agricultural 
export company in the north of the country still refused to recognize a 
union following a protracted fight ultimately requiring the workers to 
seek and receive legal recognition of the union. According to 
FEDOTRAZONAS, the company continued its antiunion campaign and 
discriminated openly against union members, who were forced to work 
overtime and were refused water and transport in and outside the 
fields. FEDOTRAZONAS also reported that Haitian workers at the company 
were being paid below the minimum wage and that all employees were 
required to take a blood test allegedly related to HIV. The Ministry of 
Labor was investigating these claims at year's end.
    The Labor Code applies in the 57 established FTZs, which employed 
approximately 155,000 workers. According to the National Council of 
Labor Unions, unions were active in only eight companies in the FTZs, 
and only four unions had established collective bargaining rights. 
Workplace regulations and their enforcement in the FTZs did not differ 
from those in the country at large, although working conditions were 
sometimes better and the pay was occasionally higher. Mandatory 
overtime was a common practice.
    There were reports of widespread covert intimidation by employers 
in the FTZs to prevent union activity. Unions in the FTZs reported that 
their members hesitated to discuss union activity at work, even during 
break time, for fear of losing their jobs. Unions accused some FTZ 
companies of discharging workers who attempted to organize unions. The 
majority of the unions in the FTZs were affiliated with the National 
Federation of Free Trade Zone Workers or with FEDOTRAZONAS. 
FEDOTRAZONAS estimated that fewer than 10 percent of the workers in the 
FTZs were unionized. Many of the major manufacturers in the FTZs had 
voluntary codes of conduct that included worker rights protection 
clauses generally consistent with the ILO Declaration on Fundamental 
Principles and Rights at Work. However, workers were not always aware 
of such codes or of the principles they contained.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were 
reports of trafficking in children within the country. Mandatory 
overtime, a common practice, was sometimes enforced through locked 
doors or loss of pay or employment for those who refused.
    Private sugar producers asserted that they have ceased transporting 
new, undocumented workers from Haiti, for a variety of reasons; 
however, the producers acknowledged hiring some new Haitian workers 
already residing in the country. NGOs reported that the practice of 
bringing in new, undocumented migrant labor from Haiti continued.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
While the law prohibits employment of children younger than 14 years of 
age and places restrictions on the employment of children under the age 
of 16, child labor remained a serious problem, although there was 
evidence it lessened during the year. In October the NGO Profamilia and 
UNICEF reported that 9.7 percent of minors between 10 and 17 years of 
age worked illegally, compared with a 2000 survey that estimated this 
proportion at 18 percent. Regulations limited working hours of those 
between the ages of 14 and 16 to six hours per day, prohibited 
employment of those under the age of 18 in hazardous occupations or in 
establishments serving alcohol, and limited night work. Fines and legal 
sanctions may be applied to firms employing underage children. While 
the Government effectively enforced these regulations in the formal 
sector, child labor was a problem in the informal sector largely beyond 
regulatory reach.
    Child labor took place primarily in the informal economy, small 
businesses, private households, and agriculture. Children often 
accompanied their parents to work in agricultural fields, in part 
because parents had nowhere else to leave their children, since schools 
in the countryside were usually in session only for a few hours a day. 
The commercial sexual exploitation of children remained a problem, 
especially in popular tourist destinations.
    There continued to be inconclusive evidence that poor Haitian 
families arranged for Dominican families to ``adopt'' and employ their 
children, in hopes of assuring a more promising future for them. The 
adoptive parents commonly considered the child as their own and 
sometimes provided the birth parents a monetary payment or a supply of 
clothes and food. In some cases adoptive parents reportedly did not 
treat the adopted children as full family members, expecting them to 
work in the households or family businesses rather than to attend 
school, which resulted in a kind of indentured servitude for children 
and adolescents.
    The Ministry of Labor and other government institutions, as well as 
organizations from civil society, continued to work with the ILO's 
Program for the Elimination of Child Labor that aims to withdraw 2,900 
children from and prevent 2,200 children from entering exploitive 
labor, as well as other programs aimed at combating child labor. These 
included programs to eliminate the employment of children in hazardous 
agriculture in rice-growing regions. The effort also included a program 
to combat the commercial sexual exploitation of minors in popular 
tourist destinations such as Boca Chica, Sosua, and Las Terrenas. These 
programs provided psychological support and medical assistance, 
returned children to classrooms, and reunited children with their 
families and communities whenever possible. The programs also provided 
legal assistance to child victims to arrest and convict exploiters.
    The Ministry of Labor confirmed through site inspections that the 
sugar consortium's bateyes no longer used child labor on their 
property. NGO sources, however, stated that child labor could still be 
found in these facilities. The Ministry of Labor employed 203 labor 
inspectors, all of whom received special training to locate and 
eliminate illegal child labor.
    The National Steering Committee against Child Labor's plan to 
eliminate the worst forms of child labor set objectives, identified 
priorities, and assigned responsibilities so that exploitive labor 
could be efficiently tackled and the number of child laborers 
significantly reduced. In January the Ministry of Labor launched a 
program to support public-private partnerships aimed at preventing 
hazardous child labor with a goal of withdrawing or preventing 8,500 
children from exploitive labor.
    The Ministries of Labor and Education continued to support the 
Combating Child Labor through Education program, which established 
several camps that hosted large numbers of children and adolescents. 
The Government also created a program in the provinces of Barahona, 
Baharuco, and Independencia to eliminate the worst forms of child labor 
in the sugar plantation-linked bateyes.
    There were no confirmed reports of forced child labor in the formal 
sector.

    e. Acceptable Conditions of Work.--The executive branch sets 
minimum wage levels for public workers, and the tripartite National 
Salary Committee sets levels for the private sector, with the exception 
of workers in the FTZs and the sugar, construction, hotel, and shoe 
manufacturing industries. The minimum monthly salary was 4,900 pesos 
(approximately $140) in the FTZs and between 4,485 and 7,360 pesos 
($128 and $210), depending upon the size of the company, outside the 
FTZs. The minimum wage for the public sector was 2,600 pesos ($81) per 
month. The daily minimum wage for farm workers covered by minimum wage 
regulations was 150 pesos ($4.70), based on a 10-hour day. Cane workers 
were subject to a special, lower minimum wage for the sugar industry, 
95 pesos ($2.71) per day. The national minimum wage did not provide a 
decent standard of living for a worker and family.
    The law establishes a standard work period of 44 hours per week and 
stipulates that all workers are entitled to 36 hours of uninterrupted 
rest each week. The law provides for premium pay for overtime, which 
was mandatory at some firms in the FTZs.
    On sugar plantations cane cutters usually were paid by the weight 
of cane cut rather than the hours worked. Cane cutters suspected fraud 
by weighing station operators and noted that employers sometimes did 
not provide trucks or carts to transport the newly cut cane at the end 
of the workday, causing workers to receive lower compensation because 
the cane dried out overnight and weighed less. Company officials denied 
that there were delays in transporting cane, noting that any delay 
would be detrimental to their business operation. The amount of cane a 
worker could cut varied, but most young able-bodied workers were able 
to cut two to three tons of cane in a workday, yielding a daily wage of 
160-240 pesos (approximately $5.00-$7.50). However, older, less able-
bodied workers were only paid for the amount of the cane they actually 
cut, even if the amount was less than the minimum wage. In addition 
during the six-month off-season, workers in some sugar plantations who 
opted to remain in their communities were offered small jobs such as 
clearing land, which were generally insufficient to earn the legally 
mandated minimum wage.
    Conditions for agricultural workers were poor. Workers in the 
sugarcane industry who lived in bateyes had inadequate schools, medical 
facilities, running water, and sewage systems. Employers in the sugar 
cane industry allegedly withheld a portion of wages to ensure that 
workers returned for the next harvest. Sugarcane workers often did not 
receive medical services or pensions due them even though deductions 
were taken from their pay.
    The Dominican Social Security Institute (IDSS) sets workplace 
safety and health conditions. Both the IDSS and the Ministry of Labor 
had a small corps of inspectors charged with enforcing standards. The 
Secretariat of Labor had 203 active inspectors. Workers complained that 
inspectors were not trained and did not respond to health and safety 
complaints. While the law requires that employers provide a safe 
working environment, in practice workers could not remove themselves 
from hazardous working situations without losing their jobs.

                               __________

                                ECUADOR

    Ecuador is a constitutional republic with a population of 
approximately 13.8 million. In 2006 Rafael Correa won the presidency in 
runoff elections that were considered generally free and fair. Correa 
took office in January 2007. On September 28, voters approved a 
referendum on a new constitution, which became effective on October 20. 
Civilian authorities generally maintained effective control of the 
security forces.
    While the Government generally respected the human rights of its 
citizens, there continued to be problems in the following areas: 
isolated unlawful killings and use of excessive force by security 
forces, sometimes with impunity; poor prison conditions; arbitrary 
arrest and detention; corruption and other abuses by security forces; a 
high number of pretrial detainees; and corruption and denial of due 
process within the judicial system. Societal problems continued, 
including violence against women; discrimination against women, 
indigenous persons, Afro-Ecuadorians, and homosexuals; trafficking in 
persons and sexual exploitation of minors; 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.--Although the 
Government or its agents did not commit any politically motivated 
killings, there continued to be credible reports that security forces 
used excessive force and committed isolated unlawful killings.
    In May 2007 the president set up a commission to investigate human 
rights violations committed under the Government of Leon Febres Cordero 
(1984-88) and in other periods. The commission investigated 307 cases 
of alleged human rights violations and investigations continued at 
year's end.
    On January 15, police allegedly shot and killed two men, one a 
fellow officer, without asking questions of the suspects, after a 
citizen reported that she had been threatened. Police claimed the two 
men were carrying weapons; the officers shot first, killing the two 
men. An investigation continued at year's end.
    On May 15, police in Esmeraldas arrested Klever Arce Toro, an off-
duty military conscript, who was found dead three days later. An 
autopsy determined the cause of death was a gunshot fired at close 
distance.
    Police officers Reynaldo Enrique Mendoza Roldan and Carlos Rene 
Guanotaxi Suntaxi, charged in the April 2007 killing of Juan Carlos 
Vera Faguizon in Manta, paid $800(the U.S. dollar is the official 
currency) for bail; charges against them were dropped, and they resumed 
their functions as police officers.
    Police officer Miguel Angel Chiran was convicted and sentenced to 
12 years' imprisonment for the 2006 off-duty killing of a taxi driver.
    The Ecumenical Human Rights Commission (CEDHU) reported that mob 
violence against suspected criminals continued at the level of the 
preceding year. Such violence occurred particularly in indigenous 
communities and poor neighborhoods of major cities, where there was 
little police presence.
    On April 7, a mob lynched and burned alive two Colombians after 
they allegedly killed a local resident in an attempted robbery in San 
Vicente, Manabi Province. The prosecutor investigated the case and 
requested that it be dismissed due to lack of merit.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Criminal kidnapping for profit continued to be a problem in 
selected regions of the country. There also were reports of extortion 
and threats of kidnapping of ranchers, farmers, and businessmen along 
the Colombian border. As of August police registered 354 kidnapping 
cases and 143 ``express kidnappings'' (in which a person is driven 
around and forced to make automatic withdrawals of personal funds) and 
made 86 related arrests, compared with 357 kidnappings and 155 
``express kidnappings'' in all of 2007.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the previous and new constitutions and laws prohibit 
torture and similar forms of intimidation and punishment, some police 
officers reportedly tortured and abused suspects and prisoners, often 
with impunity.
    At year's end the Government had not acted on a 2005 finding by the 
UN Committee Against Torture that the country's laws on torture do not 
meet standards set by the UN Convention Against Torture, notably 
because the definition of torture in the criminal code criminalizes 
``corporal torment'' but not psychological torture, and it does not 
correspond to the definition outlined in the convention. Torturers 
often were fined rather than imprisoned.
    Through December CEDHU registered 67 cases of alleged ``torture'' 
or ``unwarranted physical aggression'' by police forces. On January 18, 
police officer Fernando Santiago Moreno Charro, accompanied by other 
officers, entered the Salesian University reportedly with the purpose 
of physically abusing student Nadia Cristina Traslavina Bossano because 
of her personal disagreements with Moreno's daughter. The police 
attacked two students who tried to defend Bossano. Bossano sustained 
injuries that caused physical incapacity. An investigation continued at 
year's end.
    Three men in Quito claimed that on March 25-27, police arrested 
them for attempted robbery and then detained them on charges of illegal 
possession of arms. The men alleged that police handcuffed, beat, and 
tortured them to force confessions that they had taken part in the 
robbery. A medical examination found that one of the detainees was 
beaten on his arms, buttocks, and legs; no such examination was legally 
authorized for the two other detainees. The police allegedly called in 
a lawyer who, without conferring with his clients, signed the 
confession of the three men, who remained in detention. At the request 
of the Ministry of Government's Directorate for Human Rights, the 
police chief allegedly involved in the case was being investigated at 
year's end.
    There were no known developments in the May 2007 police beating of 
16-year-old Victor Javier Tipan Caiza. An internal police investigation 
in 2007 determined that two officers were guilty of committing a crime; 
no action was taken. However, a criminal investigation continued at the 
end of the year.
    On March 14, the Constituent Assembly passed an amnesty to benefit 
individuals who were detained due to violations of military curfew in 
November 2007, when President Correa sent in the army to restore order 
in Dayuma, Orellana Province. All detainees were released except 
Prefect Guadalupe Llori. Llori, who was originally detained in relation 
to this case and then imprisoned on charges of embezzlement, was 
released on September 23.

    Prison and Detention Center Conditions.--Conditions in prisons and 
detention centers generally were poor and tended to be worse in the 
tropical coastal areas than in the temperate highlands.
    Overcrowding was a chronic problem in most prison facilities, 
although the Ministry of Justice reported that it had remodeled seven 
detention centers throughout the country. As of June the National 
Agency for Social Rehabilitation (DNRS) reported that 17,201 prisoners 
were being held in facilities designed to hold less than half that 
number.
    A number of prisons experienced serious outbreaks of disease, and 
medical care often was inadequate. The daily allocation for prison 
rations was $1 per inmate; prisoners often supplemented these rations 
by buying their own food.
    Information on the number of prisoners who died during the year was 
not available. In April 2007 prisoners Juan Carlos Alava Chavez and 
Israel Mariscal Vasquez were found dead at Coastal Penitentiary Center 
in Guayaquil. A police report suggested that the prisoners died 
suspiciously, but a judge dismissed the case for lack of merit.
    In May 2007 marines responding to a domestic violence call arrested 
Juan Lorenzo Delgado Zambrano and transferred him to the local precinct 
of the National Police. The following afternoon, at the suggestion of 
authorities, family members went to a hospital in Portoviejo where they 
were informed that Delgado had fallen while fighting with another 
detainee. Delgado died later that day. An investigation of two police 
officers who were responsible for Delgado continued at year's end.
    Conditions were notably better in the Quito women's prison than in 
men's facilities. Vice President Moreno reported that as of December 
there were no adolescents and children over three years old living with 
their incarcerated mothers; for children younger than three-who cannot 
be separated from their mothers-appropriate day care facilities within 
detention centers were provided. Pretrial detainees were held with 
convicted prisoners. According to CEDHU, male guards were responsible 
for guarding female inmates, and female inmates reported being beaten 
by male guards who accused them of trying to escape.
    Although in most instances the Government permitted prison visits 
by independent human rights observers, authorities occasionally did not 
permit human rights observers to visit prisoners who had been placed in 
isolation cells after they allegedly had been beaten.

    d. Arbitrary Arrest or Detention.--While both the previous and the 
new constitution prohibit arbitrary arrest and detention, in 2006 the 
UN Working Group on Arbitrary Detention noted that provisions in the 
Criminal Procedure Code, the Penal Code, and some regulations adopted 
by central or provincial authorities ``undermine the guarantees and 
protection offered.'' The working group cited two laws of particular 
concern: one imposes an obligation on judges to order detention for 
persons awaiting trial, i.e., ``preventive detention,'' which in 
practice created a situation in which thousands of persons were 
detained for longer periods than the constitution allowed, often years 
longer, thus violating their right to be tried within a reasonable 
time. The second measure abolishes sentence reductions, which led to a 
large number of persons serving lengthy sentences for minor offenses. 
In 2006 the Constitutional Court ruled the preventive detention 
provision unconstitutional, holding that no person can remain in prison 
unsentenced for more than one year for penal crimes and six months for 
lesser crimes. The clock for inmates already incarcerated and all 
future incarcerated individuals started in October 2007. However, in 
October 2007 Congress passed an interpretative law determining that 
detainees who purposely delayed the judicial process were not subject 
to the ruling of the Constitutional Court.
    The law stipulates that pregnant women cannot be jailed in prison 
facilities, yet many were jailed rather than being confined to their 
homes.

    Role of the Police and Security Apparatus.--The National Police are 
under the authority of the Ministry of Government. National Police 
effectiveness was impaired by corruption, poor hiring procedures, and 
insufficient training, supervision, and resources. President Correa's 
declaration of a state of emergency in several areas in October 2007 
continued to result in a higher level of resources for the National 
Police, totaling over $300 million.
    Some municipalities, such as Quito and Guayaquil, have their own 
metropolitan police forces in addition to the National Police. A police 
internal affairs office investigates complaints against police officers 
and can refer cases to the police courts. Nongovernmental organizations 
(NGOs) claimed that members of the Quito and Guayaquil metropolitan 
police occasionally used excessive force. Police corruption was 
sometimes a problem.
    The National Police contracted with NGOs to provide human rights 
training.

    Arrest and Detention.--The law requires authorities to issue 
specific written arrest orders within 24 hours of detention, and 
authorities must charge a suspect with a specific criminal offense 
within 24 hours of arrest. Within 24 hours of arrest, detained persons 
could challenge the legality of their detention through a habeas corpus 
petition to the senior elected official in the locality where detention 
took place, usually the mayor; however, in practice few such petitions 
were presented. Under the new constitution, which went into effect in 
October, an individual must present a habeas corpus petition to a court 
rather than the senior elected official.
    Prior to adoption of the 2008 constitution, mayors could release a 
person illegally detained, based solely on procedural issues under the 
habeas corpus mechanism. The new constitution provides that a prisoner 
may be released only by court order.
    There was no known investigation into the July 2007 arrest of 
Manuel Xavier Cornejo Delgado who claimed that, after he had filed a 
lawsuit against two police officers, police detained him incommunicado 
for two weeks and searched his home without a warrant or probable 
cause.
    Bail is allowed only in the case of less serious crimes, those 
punishable with ``correctional imprisonment,'' and is prohibited for 
more serious crimes involving narcotics and other major offenses 
requiring long-term incarceration (offenses that ``affect or put at 
risk'' the public, punishable by three to 35 years' imprisonment).
    Although the law entitles detainees to prompt access to lawyers and 
family members, there were delays depending on the circumstances and 
officials' willingness to enforce the law; alleged narcotics 
traffickers commonly waited 24 to 48 hours for these visits. Detainees 
with sufficient resources have bribed prison officials to facilitate 
access. CEDHU reported that an unknown number of prisoners were held in 
facilities that did not accommodate visits by family or counsel.
    Although the law prohibits incommunicado detention, human rights 
organizations continued to report occasional violations. Authorities 
charged with determining the validity of detention often allowed 
frivolous charges to be brought, either because they were overworked or 
because the accuser bribed them. The system frequently was used as a 
means of harassment in civil cases in which one party sought to have 
the other arrested on criminal charges.
    Investigative detention up to and including trial is legal if a 
judge determines that it is necessary, and if evidence that a crime has 
been committed is presented. The law limits immediate detention to 24 
hours for in flagrante crimes or to allow for investigative detention 
to begin. In most jurisdictions, the immediate detention is often 
considerably longer. If the investigation report is detrimental, the 
judge may order preventive detention, which is limited to six months 
for minor offenses and 12 months for major offenses.
    The law permits prisoners to be held for an indefinite period after 
indictments have been issued but before they have been convicted or 
sentenced. The majority of the accused remained in prison during the 
investigation phase. According to government data, as of June 
approximately 61 percent of detainees had not been sentenced.

    e. Denial of Fair Public Trial.--While the constitution provides 
for an independent judiciary, in practice the judiciary was at times 
susceptible to outside pressure and corruption. The media reported 
extensively on the susceptibility of the judiciary to bribes for 
favorable decisions and resolution of legal cases and on judges 
parceling out cases to outside lawyers who wrote judicial sentences on 
cases before the court and sent them back to the presiding judge for 
signature. CEDHU further asserted that judges occasionally reached 
decisions based on media influence or political and economic pressures.
    The judiciary consisted of the Supreme Court, superior circuit 
courts, other courts, tribunals that hear cases in accordance with the 
constitution and other laws, and the Judicial Council, which is charged 
with administering the court system and disciplining judges. There also 
were military and police tribunals that had the same status as circuit 
courts, as well as criminal, provincial, and cantonal (county) courts. 
The Supreme Court supervised the open and competitive selection of all 
appellate judges. The 2008 constitution changes the judicial structure 
and procedures. Among other changes the Supreme Court was renamed the 
National Court of Justice, citizens are allowed to file cases directly 
with the Constitutional Court, and most military and police cases must 
be decided in civilian courts.
    In February 2007 the Inter-American Commission on Human Rights 
ruled that the 2005 appeal by 27 justices of the Supreme Court, who had 
been replaced by Congress in 2004, was admissible. The case remained 
pending at year's end.

    Trial Procedures.--Despite efforts to modernize the court system, 
the judiciary continued to operate slowly and inconsistently. There 
were lengthy delays before most cases came to trial. Judges reportedly 
rendered decisions more quickly or more slowly as a result of political 
pressure or, in some cases, the payment of bribes. The failures of the 
justice system contributed to cases in which communities took the law 
into their own hands, such as mob violence against suspected criminals.
    There are no juries in the justice system. Defendants are presumed 
innocent until proven guilty and have the right to a public trial, 
defense attorneys, and appeal. They may present evidence, refuse to 
testify against themselves, and confront and cross-examine witnesses. 
The law extends these rights to all citizens. Although a public 
defender system exists, in practice only 180 attorneys were available 
to defend the large number of impoverished defendants throughout the 
country.
    Civil society groups, lawyers' associations, universities, and 
foreign donors sought to support vulnerable groups that did not have 
access to legal defense.
    The regular court system tries most nonmilitary defendants, 
although some indigenous groups try members independently for 
violations of tribal rules. The law permits police or military courts 
to try police officers and military defendants in closed sessions in 
accordance with the respective military and police court martial 
manuals. Only the Supreme Court may try cases involving flag-rank 
officers. Despite a constitutional provision that civilian courts have 
jurisdiction over police or military officers charged with criminal 
offenses, these officers were often tried in police or military courts. 
However, the 2008 constitution mandates the elimination of military 
courts by declaring jurisdictional unity and orders military courts to 
hand over their cases to the National Court of Justice. An interim 
National Court of Justice established on December 17 had not tried 
members of the military or police at year's end.
    Although the law and the previous and new constitutions recognize 
indigenous communities' right to exercise their own systems of justice 
based on their traditions and customs, they do not specify how this 
right would be implemented. This parallel system raised questions of 
both jurisdiction and conformity to the right to a fair trial.

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

    Civil Judicial Procedures and Remedies.--Civilian courts and the 
Administrative Conflicts Tribunal, generally considered independent and 
impartial, handle lawsuits seeking damages for, or cessation of, human 
rights violations. However, civilian lawsuits seeking damages for 
alleged wrongs by the state were rarely filed since such suits were 
time-consuming and difficult to prosecute, with judges taking up to a 
decade to rule on the merits.

    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.
    Although wiretapping by the National Police to investigate crimes 
is legal with a court order, there is no specific procedural guidance 
for obtaining such approval.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The previous and new constitutions 
provide for freedom of speech and of the press, and the Government, 
while critical of the media, generally respected these rights in 
practice. An independent press and a largely democratic political 
system combined to promote freedom of speech and of the press. The 
independent media were active and expressed a wide variety of views, 
although the Government did scrutinize those views and intervened in 
two television stations.
    In January, the Government's television and radio regulatory 
agency, the Consejo National de Radiodifusion y Television (CONARTEL), 
issued an order in January to two radio stations to ``correct'' reports 
critical of President Correa. In August the Deposits Guarantee Agency 
took administrative control of two national television stations, 
Gamavision and TC Television, to prepare them for sale to recoup debts 
caused by the 1998 Filanbanco bank failure of their alleged majority 
stock owners, William and Roberto Isaias. Three programs on those 
television channels were taken off the air after their seizure.
    President Correa often used his weekly radio address and other 
public comments to criticize the media and accuse it of bias, 
frequently naming specific reporters and outlets. On January 10, El 
Comercio newspaper on January 10 quoted President Correa as stating, 
``The press in Ecuador is a political actor, and there are media 
outlets that are openly against the Government.'' The Ecuadorian 
delegation to the 64th General Assembly of the Inter- American Press 
Association asserted that the aggressive attitude of President Correa's 
government toward the press was a strategy to convert media outlets 
into a political opposition.
    On June 17, the courts dismissed a May 2007 lawsuit President 
Correa filed against the president of La Hora newspaper's board of 
directors; the president had invoked the country's ``insult laws'' over 
an editorial in La Hora.
    On September 25, Freddy Aponte Aponte, a reporter for a local radio 
station in the city of Loja, was sentenced to six months imprisonment 
for defamation. Former Loja mayor Jose Bolivar Castillo Vivanco pressed 
charges against Aponte because Aponte reportedly called him a thief 
during a June 2007 radio program. After a series of appeals, the 
Supreme Court upheld the sentence. Aponte, jailed on October 29, denied 
the charges and claimed that the trial was plagued with irregularities. 
On November 25, the former mayor filed a second lawsuit against Aponte 
seeking one million dollars in damages.
    On December 17-19, the Government transmitted short spots during 
the broadcast of the Direct Contact program on the Ecuavisa network in 
which it criticized the program's host, Carlos Vera. Media analysts 
stated that this maneuver was illegal because the Radio and Television 
Broadcasting Law only gives the Government the right to broadcast spots 
on two or more channels at a time, not on a single channel, and that 
the information should be about government activities.
    On a number of occasions during the year, the police questioned 
individuals for having allegedly insulted President Correa at rallies 
or public gatherings.
    In late 2007 the Controller General issued a report citing 
irregularities in 370 concessions of television and radio stations 
between 2003 and 2005, and in February CONARTEL decided to take back 42 
of those concessions. On November 20, in compliance with the 2008 
constitution, President Correa created the Commission for Auditing 
Radio and Television Concessions. The seven-member commission's 
responsibility was to determine whether frequency concessions since 
1985 comply with constitutional provisions. The 2008 constitution 
prohibits oligopolies or monopolies in the ownership of means of 
communications and in the use of frequencies. It also precludes 
financial groups, their legal representatives, stockholders, and board 
members from participating in the control of the ``social means of 
communication'' in terms of capital, investment, and patrimony.
    In June 2007 a former government advisor, Quinto Pazmino, filed a 
$10 million lawsuit against President Correa for libel. Authorities 
subsequently detained Pazmino for insulting the president. In September 
2007 the Supreme Court ruled that Pazmino, as a Constituent Assembly 
candidate, enjoyed special privileges, and he was freed after the 
payment of a fine. A criminal proceeding against the president requires 
Congressional authorization, which Congress did not provide before 
November 2007, when the Constituent Assembly declared the Congress in 
recess. In June the Supreme Court determined that the statute of 
limitations had expired in the lawsuit against President Correa. An 
investigation by the Prosecutor General's Office of the lawsuit filed 
by President Correa against Pazmino continued at year's end.
    Business- and private-interest pressures, both from media owners 
and businesses outside the media groups, sometimes influenced the 
content of news reporting.
    The 2008 constitution contains a number of provisions relating to 
``social communication,'' the rights of citizens to receive information 
from the media, the Government's control over the electromagnetic 
spectrum (i.e., television and radio frequencies), and how media 
ownership will be treated.
    The constitution declares the frequency spectrum a nonrenewable 
resource owned by the state and mandates that the state receive no less 
benefit than the company involved in the exploitation of that resource. 
The constitution also states that the social communication system will 
assure the exercise of the rights of communication, information, and 
freedom of expression.
    The Correa administration enforced a provision in the Radio and 
Television Broadcasting Law that requires all stations to broadcast at 
no charge government programs on education and health issues for up to 
an hour per day (Mondays through Saturdays). It also mandates the 
broadcast of messages and reports by the president and his cabinet free 
of charge.
    The 2008 constitution maintained the previous constitutional 
provision stating the right of all persons to receive information that 
is true, verified, timely, contextualized, plural, and without prior 
censorship. It also included a provision stating that the law will 
regulate the informational, educational, and cultural content of the 
programming of communication outlets.

    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 larger cities, but access in 
remote locations was poor. The International Telecommunication Union 
reported that there were 13 users per 100 inhabitants 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.--The constitution 
provides for freedom of peaceful assembly, and the Government generally 
respected this right in practice. Security forces used force and tear 
gas to quell some violent demonstrations, resulting in several 
injuries. Public rallies require prior government permits, which 
generally were granted, although exceptions occurred.
    On May 30, several employees of the Superintendency of Companies 
protested in Quito to demand the resignation of Superintendent 
Francisco Arellano because of alleged corruption and mistreatment. The 
police removed the protesters by using tear gas, and two persons were 
treated subsequently by firefighters.
    On August 16, there were altercations between the police and 
university students during and after President Correa's radio address 
broadcast from the Catholic University of Guayaquil. The students 
stated that the police employed excessive force by using tear gas and 
physical violence and that they had been persecuted because they 
supported the ``no'' vote in the referendum. University authorities 
presented a lawsuit before the Guayas authorities in defense of the 
students, stating that at least five of them were injured during the 
incidents and arguing that the university's autonomy had been violated. 
On September 27, the police imposed nine days of detention on two 
policemen who were involved in the altercations. Investigations 
continued at year's end.

    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 provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government requires religious groups to be licensed or 
registered if they engage in proselytizing activity.

    Societal Abuses and Discrimination.--Muslim leaders reported that 
members of their community occasionally experienced random 
discrimination when applying for work or housing. There were no reports 
of anti-Semitic acts or other societal abuses or discrimination based 
on religious affiliation, belief, or practice.
    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. Protesters blocked roads, but less frequently than in 
previous years.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations, 
such as the International Organization for Migration (IOM), in 
assisting refugees and asylum seekers.
    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. The Government granted refugee status or asylum. In practice, 
the Government provided protection against the expulsion and return of 
refugees to countries where their lives or freedom were threatened. The 
Government also provided temporary protection to individuals who might 
not qualify as refugees under the 1951 convention or the 1967 protocol. 
This included providing services to the continuing flows of Colombians 
crossing the northern border throughout the year.
    The Government reported that through the first nine months of the 
year, it received 7,767 applications for refugee status. Several 
thousand additional cases from this and preceding years remained 
pending. Rejected applicants have a legal right to appeal; after 
appeals are exhausted, they have 30 days to leave the country. While 
the UNHCR and the Government reported difficulty dealing with the 
number of applicants and appeals, both the UNHCR and the IOM supported 
the Government refugee office's efforts to streamline its decision-
making and appeals processes and reduce its case backlog.
    There were nearly 20,000 recognized refugees in the country. The 
UNHCR estimated that approximately 133,000 persons were in need of 
international protection, of whom approximately 72,000 were registered 
as asylum seekers with the Government and 61,000 were not registered.
    Colombians accounted for 92 percent of asylum seekers, and the rest 
originated from a wide variety of countries, including Cuba, Peru, 
Haiti, Iraq, Somalia, and Sri Lanka. The law provides persons granted 
refugee status the right to work; however, this right is not extended 
to asylum seekers. The law guarantees recognized refugees and asylum 
seekers the same access to public health services as Ecuadorians, 
including psychosocial support, emergency dental services, and free 
basic maternity assistance. Ministerial Agreement No. 337, issued on 
September 26, removed the requirement for documentary proof of 
immigration status by foreign students who apply to public educational 
establishments. Under the new order, the presentation of any identity 
document is sufficient to ensure access to public educational 
institutions.
    In December the Government started an enhanced registration program 
that improves the refugee registration process so that those in need of 
international protection can be interviewed, assessed, and issued 
documentation on the same day. Previously, the refugee registration 
process could take one to two years to complete. The nationwide program 
was expected to target up to 50,000 Colombian refugees for registration 
and documentation over a 12-month period.
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.--Rafael Correa was elected 
in 2006 and inaugurated in January 2007. Independent observers, 
including the Organization of American States (OAS) electoral mission, 
described the elections as generally free and fair.
    As of year's end there were 10 women in the 27-member cabinet and 
two female secretaries of state with the rank of minister. There was 
one Asian-Ecuadorian but no Afro-Ecuadorians or indigenous persons in 
the cabinet.
    A referendum on a new constitution took place on September 28; 63.9 
percent of the voters favored adopting the constitution, written by the 
Constituent Assembly elected in September 2007. OAS, European Union, 
and Carter Center observers concluded that the elections were free and 
fair, with minor irregularities.
    The 2008 constitution grants suffrage to members of the armed 
forces and the police, and lowers the minimum voting age from 18 to 16. 
It creates the Transparency and Social Control Branch of the state to 
promote citizen participation and prevent corruption. The constitution 
provides for state-promoted, gender-balanced representation in the 
public sector, including in decision-making positions, and mandates 
government adoption of affirmative action policies to promote the 
participation of affected groups.
    Along with the 2008 constitution, voters approved a ``transition 
regime,'' which regulates the transition to the new institutional 
order. The transition regime mandates elections scheduled for April and 
June, 2009 for elected offices at all levels of government. On October 
25, in accordance with the transition regime, the Constituent Assembly 
appointed from among its members an interim Legislative and Oversight 
Commission, composed of 76 members. On October 21, the Constitutional 
Tribunal proclaimed itself the Constitutional Court, with the powers 
granted by the 2008 constitution. An interim National Court of Justice, 
which replaced the Supreme Court, was established on December 17.

    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 government corruption was a serious problem.
    On July 8, Prosecutor Alfredo Alvear requested a criminal 
investigation of Ombudsman Claudio Mueckay for employing public funds, 
which were destined to assist the families of deceased citizens abroad, 
to appoint officers abroad. On July 23, at the request of the Supreme 
Court, the Constituent Assembly lifted Mueckay's privileges and 
permanently removed him from his office the following day. The 
prosecutor's investigation continued at year's end.
    On August 27, Comptroller General Carlos Polit submitted to the 
Prosecutor General's Office a report on Constituent Assembly advisors' 
and administrative personnel's contracts. The report showed 
irregularities involving several assembly members' staffs, suggesting 
time and attendance fraud.
    On December 3, Minister of Sports Raul Carrion, resigned after 
three of his advisors were placed under preventive detention during an 
investigation of their alleged illicit enrichment and asset laundering, 
among other charges. A court order prohibited former minister Carrion 
from leaving the country. These investigations continued at year's end.
    The Constituent Assembly required all its members to present their 
2006 tax returns, authorize access to their local and overseas bank 
accounts, and file an assets affidavit by January 11. Assembly member 
Alvaro Noboa failed to submit his tax return and lost his seat in the 
Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
cooperated with the groups but often did not act on their views.
    An Ombudsman's Office focused on human rights problems; however, 
some observers criticized its lack of independence in practice. The 
office had adequate resources but was not considered effective on human 
rights issues.
    The Constituent Assembly's Fundamental Rights and Constitutional 
Guarantees Commission held hearings on human rights before writing the 
constitution. The Constituent Assembly granted 13 amnesties and five 
pardons to individuals and groups allegedly involved in a variety of 
crimes.
    The Commission for Truth, created in 2007 to investigate alleged 
human rights violations (particularly during the 1984-88 period), 
investigated 307 cases of human rights violations, and continued its 
work at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The previous and new constitutions prohibit discrimination based on 
race, gender, disability, language, or social status; however, women, 
persons with disabilities, indigenous persons, Afro-Ecuadorians, 
homosexuals, and transgendered persons continued to face 
discrimination.

    Women.--Although the law prohibits violence against women, 
including within marriage, abuses were widespread.
    The law criminalizes rape, including spousal rape, and provides a 
penalty of up to 25 years in prison. In cases of statutory rape 
involving ``amorous'' sex with a minor, the rapist may marry the 
victim, cancelling the charges unless the marriage subsequently is 
annulled. The penalty for rape where death occurred is 35 years' 
imprisonment. As of August there were 3,159 reported rapes, 527 cases 
where charges were filed, and 156 cases prosecuted successfully. Many 
rapes were not reported due to the victim's reluctance to confront the 
perpetrator.
    The law provides penalties for domestic violence of up to a fine of 
$28 or seven days in prison and gives family courts the power to remove 
an abusive spouse from the home if continued cohabitation creates a 
risk to the victim of abuse. The courts also may issue restraining 
orders prohibiting the abusive spouse from approaching the victim or 
her place of employment or study; prohibiting the abusive spouse from 
persecuting or intimidating the victim or any member of her family; 
reinserting the victim into the family home, if shared, while 
simultaneously removing the abusive spouse from the premises; and 
ordering any treatment deemed beneficial to the affected family.
    The Ministry of Government's Office of Gender, based on partial 
reports it had received, reported 39,979 cases of sexual, 
psychological, or physical mistreatment of women and 6,065 cases 
involving male victims. Thirty-one special Police Stations for Women 
and Families handled such issues as domestic violence. The Government's 
National Commission on Women (CONAMU) may accept complaints about abuse 
of women but must refer cases to the Prosecutor's Office for action. 
CONAMU had projects in all provinces, focusing primarily on equal 
opportunities, public policy programs toward women, and lines of credit 
for women's businesses. In some police stations, social workers 
employed by city governments or NGOs assisted victims. A variety of 
NGOs offered legal and psychological assistance to victims of domestic 
violence.
    Prostitution is legal for persons over the age of 18 so long as the 
businesses are registered with the Government and follow health 
regulations. Trafficking in persons for prostitution was a problem.
    Despite the legal prohibition of sexual harassment, women's rights 
organizations described harassment in the workplace as common. CONAMU 
is charged with designing public policies to promote women's human 
rights and equality in cases of sexual harassment.
    Despite legal protection of women's rights in politics, the home, 
and employment, societal discrimination against women was pervasive, 
particularly with respect to educational and economic opportunities for 
older women and for those in the lower economic strata. Although women 
enjoy the same legal status as men, women often did not receive equal 
rights in practice. According to the Government, women received 
approximately 65 percent of the pay received by men for equal work. 
Women's advocates alleged that culture and tradition inhibited 
achievement of full equality for women. There were fewer women than men 
employed in professional work and skilled trades.
    The Ecuadorian Women's Permanent National Forum included more than 
320 women's organizations and promoted social, economic, and cultural 
change, including increased political participation by women. CONAMU 
provided support for approximately 500 women's organizations, many of 
which promoted social consciousness and greater participation by women 
in the political process. The NGO Women's Political Coordinator, which 
operated in 22 provinces, also promoted women's rights, with emphasis 
on political participation and human rights.
    The 2008 constitution affords women an array of benefits in the 
economic, political, and social areas. For example, it provides for 
gender balance in decision-making government institutions and in the 
lists of political parties' candidates for the National Assembly and 
other representative institutions. While women's organizations 
applauded these provisions, they noted that there were many legal and 
financial requirements necessary in order to implement the reforms.

    Children.--The Government was committed to children's rights and 
welfare and increased funding for child health and education; however, 
those steps were not fully effective.
    The 2008 constitution raised the minimum 10-year requirement of 
schooling to 15 years; however, due to shortages of schools, inadequate 
school funding, and the comparatively high cost of books and uniforms, 
the Government rarely enforced either the old or new minimum 
requirement.
    There was no societal pattern of abuse against children.
    Commercial sexual exploitation of minors remained a problem.
    More than 20 NGOs promoted child welfare. The UN Children's Fund 
and several private organizations were active in programs to assist 
street children.

    Trafficking in Persons.--While criminal laws prohibit trafficking 
in persons, there were reports that women and children were trafficked 
within, to, from, and through the country.
    According to the 2007 survey of the National Council for Children 
and Adolescents, the Child Welfare Police reported 81 cases of 
trafficking in persons for various purposes, such as begging and sexual 
exploitation.
    Traffickers were organized criminal gangs specializing in movement 
of persons, proprietors of small businesses such as bars or brothels, 
or illicit employment brokers. Accounts indicated that traffickers' 
recruitment modalities varied depending on the type of exploitation. In 
the case of sexual exploitation, victims were lured romantically or 
with promises of legitimate employment and then forced into 
prostitution. Recruiters for forced labor and begging included business 
owners in and outside the country. These traffickers offered parents 
education and work opportunities for their young children and then 
forced victims into trafficking situations, including prostitution 
domestically and in Colombia, Venezuela, and the Dominican Republic.
    Foreign victims were transported across the border in public buses 
and in vehicles owned by traffickers. Victims from Colombia reportedly 
crossed the border in trucks. Falsified civil registry documents 
facilitated trafficking by disguising the nationalities of trafficking 
victims and the ages of juveniles.
    The law criminalizes trafficking in persons and provides for prison 
terms of six to 35 years. The law also provides for penalties of six to 
12 years in prison for promoting sexual tourism and child sex tourism. 
Numerous provinces, such as Pichincha, El Oro, Sucumbios, and Azuay, 
created networks joining local and national government institutions, 
NGOs, and civil society groups to combat trafficking in persons. These 
networks developed antitrafficking action plans and prevention 
campaigns, and in some cases worked together on adoption of ordinances.
    The Public Ministry reported 98 cases of trafficking for sexual 
exploitation from January to July and nine convictions, seven for 
sexual exploitation, one for child pornography, and one for forced 
begging.
    The 2008 constitution requires the state to adopt measures to 
prevent and eradicate trafficking in persons and to assist victims, 
provide them with social reintegration, and protect them against 
revictimization (particularly during the judicial process) and from any 
type of threat or other forms of intimidation.
    Under this new legal framework, trafficking victims of sexual 
exploitation may sue their spouse, partner, or relatives. The 
Government must also undertake all necessary measures to protect 
foreign victims' rights even though they may have an irregular 
immigration status.
    A 2007 presidential decree affords protection to victims, 
witnesses, and others involved in the judicial process to encourage 
victims to assist in the investigation and prosecution of trafficking 
cases. The program provides immediate protection, psychological and 
medical attention, economic assistance, and employment assistance. 
Since the economic resources of this program were limited, the 
Government made agreements with several foundations and organizations 
that help provide the required services.
    During the year the national government, in conjunction with NGOs 
and local governments, provided shelter to 76 trafficking victims while 
assisting them to reintegrate in their communities. On November 18, the 
Ministry for Social and Economic Inclusion opened the first government-
run shelter for trafficking victims in El Oro Province.
    From January to October, the Ministries of Government and Foreign 
Affairs and the National Child and Family Welfare Institute coordinated 
the repatriation of 21 victims of labor exploitation: 19 in the 
Dominican Republic, one in Colombia, and one in Chile. The ministries 
and the institute also assisted the return of two Colombian trafficking 
victims to their communities of origin.
    The Ministry of Justice and Human Rights trained 4,000 police 
officers on trafficking in persons during the year.
    The Ministry for Social and Economic Inclusion expanded its 
National Program for Special Protection that includes trafficking 
prevention activity in the provinces of Chimborazo, Tungurahua, Canar, 
and Guayas. The National Council of Children and Adolescents launched 
trafficking prevention campaigns in multiple provinces, specifically 
trafficking with the purpose of begging, with a strong focus on the 
central highlands.
    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 in 
employment, education, access to health care, and the provision of 
other state services. The interagency National Council on Disabilities 
oversees government policies regarding persons with disabilities. 
Although the law mandates access to buildings for persons with 
disabilities, the Government did not enforce it.
    For the September referendum, the Supreme Electoral Tribunal (TSE) 
did not print ballots in braille but allowed blind individuals to have 
assistance from a relative while voting. The TSE provided sign language 
translators and made efforts to ensure that voting precincts were fully 
accessible to persons with disabilities.
    The law requires the hiring of persons with disabilities in all 
public and private enterprises with more than 25 employees; however, 
there was no information on its implementation. An initiative, 
``Ecuador without Barriers,'' led by Vice President Lenin Moreno, 
helped create approximately 2,800 jobs for persons with disabilities by 
December 17.
    The 2008 constitution extends benefits to persons with 
disabilities, particularly in the areas of education, employment, and 
access to social security.

    National/Racial/Ethnic Minorities.--The estimated 758,000 Afro-
Ecuadorian citizens suffered pervasive discrimination, particularly 
with regard to educational and economic opportunity.
    The Afro-Ecuadorian Cultural Center estimated that 70 percent of 
Afro-Ecuadorians lived in poverty. Afro-Ecuadorian organizations noted 
that, despite the absence of official discrimination, societal 
discrimination, including stereotyping, continued to affect them. For 
example, they continued to assert that the police stopped Afro-
Ecuadorians for document checks more frequently than they stopped other 
citizens and that employers often would not interview persons whose job 
applications carried Afro-Ecuadorian photos. There were no special 
government efforts to address these problems.
    The 2008 constitution declares the state to be plurinational, 
affirms the principle of nondiscrimination by recognizing the right of 
indigenous, Afro-Ecuadorian, and Montubio communities to restitution 
for acts of discrimination, and mandates affirmative action policies to 
ensure the representation of minorities.

    Indigenous People.--Estimates of those who maintained their 
indigenous cultural identity and lived in indigenous communities varied 
between 7 and 20 percent of the population. The vast majority of 
indigenous citizens resided in rural areas, including the highlands and 
the Amazonian provinces. Despite their political influence and the 
advocacy efforts of grassroots community groups, indigenous people 
continued to suffer discrimination at many levels of society and, with 
few exceptions, were at the bottom of the socioeconomic scale.
    Arable land was scarce in the more heavily populated highland 
areas, where high infant mortality, malnutrition, and epidemic disease 
were common among the indigenous population. Electricity and potable 
water often were unavailable. Although the rural education system was 
seriously deficient, many indigenous groups participated with the 
Ministry of Education in the development of the bilingual education 
program used in rural public schools.
    The 2008 constitution strengthens rights of indigenous peoples; it 
declares the state plurinational, recognizing Kichwa and Shuar as 
``official languages of intercultural relations,'' and specifically 
recognizes indigenous justice. Existing law also recognizes the rights 
of indigenous communities to hold property communally, to administer 
traditional community justice in certain cases, and to be consulted 
before natural resources are exploited in community territories. 
Indigenous people also have the same civil and political rights as 
other citizens.
    The former and new constitutions grant indigenous peoples the right 
to participate in decisions about the exploitation of non-renewable 
resources that are located in their lands and that could affect their 
culture or environment. They allow indigenous people to participate in 
the benefits the projects may bring and to receive compensation for the 
damage that could result. The 2008 constitution mandates, in the case 
of environmental damage, immediate corrective government action and 
full restitution from the responsible company. However, some indigenous 
organizations asserted a lack of consultation and remedial action.
    Indigenous groups lobbied the Government, enlisted the help of 
foreign and domestic NGOs, and mounted protests in attempts to win a 
greater share of oil revenues and a greater voice in natural resource 
and development decisions. Colonists, drug traffickers, and loggers 
illegally encroached into indigenous territory. Corrupt local 
officials, a lack of political will, and divisions among and within 
indigenous communities undermined indigenous efforts to stop the flow 
of illegally harvested timber. Widespread environmental damage, in part 
due to deforestation and petroleum production, constituted another 
serious problem.
    The ombudsman's office had representatives in indigenous 
communities throughout the country. These had responsibility for 
promoting human and indigenous rights among indigenous communities and 
providing specific advisory services to these groups.

    Other Societal Abuses and Discrimination.--Although the law 
prohibits discrimination based on sexual orientation, homosexuals, 
transsexuals, and transvestites continued to suffer discrimination from 
both public and private bodies.
    The 2008 constitution includes the principle of nondiscrimination, 
and establishes choice of sexual orientation as a right.
    According to the NGO Kimirina, police subjected homosexuals, 
transsexuals, and transvestites to cruel, inhuman, and degrading 
treatment. The NGO accused the police of specifically targeting them 
and inflicting physical and psychological abuse, threats, extortion, 
and robbery. Police routinely arrested homosexuals and transvestites in 
public areas.
    On April 29, a policeman pushed and punched a member of a sexual 
minority group. Two other policemen then forced the individual into a 
police car and accused him of being a criminal, while insulting him. 
They drove with him in the car and then pulled one of his friends into 
the car. The officers later released them.
    The 2008 constitution specifically prohibits discrimination 
directed at persons with HIV/AIDS. There was no societal violence 
against persons with HIV/AIDS; however, persons with HIV/AIDS often 
preferred to conceal their health condition in order to avoid social 
discrimination.
Section 6. Worker Rights
    a. The Right of Association.--While the law provides most workers 
with the rights to form and join trade unions of their choice, legal 
protections of these rights were inadequate, sometimes failing to deter 
employers from retaliating against workers for organizing. Members of 
the police, the military, and most public sector employees (those who 
fall under the civil service law) were not free to form trade unions. 
Approximately 1 percent of the workforce was organized.
    While employees of state-owned organizations enjoyed rights similar 
to those in the private sector, the law prohibits the majority of 
public sector employees from joining unions or exercising collective 
bargaining rights. Most public employees maintained membership in a 
labor sector association; such associations are not allowed to strike 
or bargain collectively.
    The 2008 constitution, whose worker rights provisions require the 
adoption of implementing laws, terms workers' rights ``irrevocable"; 
provides for the right to unionize and to strike (except in instances 
which might cause ``paralysis'' in public services such as health, 
education, public safety, and utilities); and commits state support for 
democratic unions.
    The labor code and the 2008 constitution require workers in state 
enterprises to be represented by a single labor union. The law does not 
require reinstatement of workers fired for union activity but does 
require compensation and fines. The 2008 constitution prohibits the use 
of outsourcing and of discriminatory criteria in hiring.
    There are few restrictions on the right of private-sector workers 
to strike, although a 10-day period is required before a strike can be 
declared. The law allows solidarity strikes or boycotts of three days 
if the Ministry of Labor approves them. In some industries, during a 
legal strike, workers may take possession of the factory or workplace 
(thus ending production at the site) and receive police protection 
during the takeover. However, in other industries, such as agriculture, 
the law requires a 20-day waiting period from the day the strike is 
called. During this time, workers and employers must agree on how many 
workers are needed to ensure a minimum level of service, and at least 
20 percent of the workforce must continue to work in order to provide 
essential services. The law provides that ``the employer may contract 
substitute personnel'' only when striking workers refuse to send the 
number of workers required to provide the minimum necessary services, 
although in practice this law was not enforced. The law protects 
strikers and their leaders from retaliation.
    The law does not provide the majority of public workers with the 
right to strike. It includes a provision that striking public- sector 
workers are liable to between two and five years in prison. A temporary 
law passed by the Constituent Assembly on April 30 provided a 180-day 
deadline for the revision of all public sector collective bargaining 
agreements to exclude excessive benefits for workers.

    b. The Right to Organize and Bargain Collectively.--The law 
requires all private employers with 30 or more workers belonging to a 
union to negotiate collectively when the union so requests. Collective 
bargaining agreements covered 25 percent of the organized workforce. 
Most of the economically active population was employed in the 
agricultural sector or the urban informal sector; the vast majority of 
these workers were not organized. The law allows businesses to hire 
workers on individual contracts.
    There is special legislation regulating labor in export processing 
zones. Most workers in export processing zones are hired on temporary 
contracts, and as such do not appear to be protected by key elements of 
the labor code.

    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 labor (See Section 5, 
Trafficking).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits exploitation of children in the workplace and forced or 
compulsory labor; however, the Government did not effectively enforce 
the law, and child labor remained a problem.
    The labor code, the child and adolescent code, and the 2008 
constitution set the minimum working age for minors at 15 for all types 
of labor and the maximum hours a minor may work at six hours per day, 
five days per week. The law lists 15 jobs that are not suitable for 
children and prohibits minors from working in hazardous conditions, 
including in mines or in jobs requiring exposure to toxic or dangerous 
substances. The law requires employers to pay minors at least 80 
percent of the wages received by adults for the same type of 
employment. Penalties for violations of the child labor laws include 
fines of $50 to $300 for parents or guardians, fines of $200 to $1,000 
for employers hiring adolescents between ages 15 and 17, and a fine of 
$1,000 for any employer found to have hired children under the age of 
15. In cases of repeated infractions, the employer's business can be 
closed.
    The Ministries of Labor and of Economic and Social Inclusion and 
the Minors' Tribunal were charged with enforcing child labor laws, but 
enforcement, while improving, was not fully effective. The 2006 
National Institute of Statistics and Census's Child Labor National 
Survey found that 367,000 children between ages five and 14 were 
engaged in labor not permitted by law, primarily working in rural areas 
in the informal sector, compared with 550,000 in 2001.
    The Government's 28 child labor inspectors inspected workplace 
locations that specifically employed child labor; these inspectors had 
the authority to cite violations and sanction companies and employers 
found to have illegally hired child labor. From January to September, 
the inspectors conducted approximately 2,397 workplace inspections and 
found approximately 1,305 minors working in violation of labor laws.
    The Ministry of Labor's five-officer Division for Child Labor meets 
monthly with other divisions in the ministry and the National Committee 
for the Progressive Eradication of Child Labor, which includes 
government agencies, businesses, and labor organizations.
    While the Ministry of Labor's Social Service Directorate monitored 
child labor in businesses such as factories, enforcement in most 
sectors of the economy remained limited. In urban areas many children 
under age 15 worked in family-owned businesses in the informal sector, 
shining shoes, collecting and recycling garbage, or as street peddlers. 
Other children were employed in commerce, messenger services, domestic 
services, and begging. Children as young as five or six often sold 
newspapers or candy on the street to support themselves or to augment 
family income.
    The Government supported the Program for the Schooling and 
Protection of Child Workers, which implemented a workshop program in 40 
cities to work with families and schools on the problem of child labor.

    e. Acceptable Conditions of Work.--The 2008 constitution mandates 
an annual revision of the minimum wage to match progressively the cost 
of a family's basic needs. The minimum wage plus mandated bonuses 
provided a gross monthly compensation of $233. The statutory minimum 
wage did not provide a decent standard of living for a worker and 
family. Most organized workers in state industries and formal-sector 
private enterprises earned substantially more than the minimum wage and 
also received other significant benefits through collective bargaining 
agreements. However, most workers worked in the large informal and 
rural sectors without obtaining the minimum wage or legally mandated 
benefits.
    The law provides for a 40-hour workweek and two consecutive days of 
rest per week. If required to work beyond the standard workweek, 
workers must be paid overtime. A higher overtime rate is set for 
working at night. The maximum number of hours of overtime was 12 hours 
per week, which generally was respected, except in subcontracting 
companies, where workers sometimes were required to work up to 28 hours 
of overtime per week, and in the case of some domestic employees. The 
Ministry of Labor did not deploy sufficient resources to enforce labor 
laws.
    The Social Security Institute is responsible for enforcing health 
and safety standards and regulations. In the formal sector, 
occupational health and safety was not a significant problem. However, 
there were no specific regulations governing health and safety 
standards in the agricultural sector, and in practice there was no 
enforcement of safety rules in the small mines that made up the vast 
majority of enterprises in the mining sector.
    The 2008 constitution provides that workers have the right to a 
healthy and safe work environment. A worker may request that an 
inspector from the Ministry of Labor confirm a workplace hazard; that 
inspector then may close down the workplace. Response time for 
inspectors ranged from three days in major cities to much longer in the 
countryside.
    The 2008 constitution protects self-employed workers who work in 
public areas and prohibits the confiscation of their products or work 
tools, a provision intended to benefit informal sector workers, such as 
street vendors.

                               __________

                              EL SALVADOR

    El Salvador is a constitutional, multiparty democracy with a 
population of approximately 5.8 million. In 2004 voters elected Elias 
Antonio Saca of the Nationalist Republican Alliance (ARENA) as 
president for a five-year term in generally free and fair elections. 
Civilian authorities generally maintained effective control over the 
security forces.
    Although the Government generally respected the rights of its 
citizens, protection of human rights was undermined by widespread 
violent crime, including gang-related violence, high levels of impunity 
from prosecution, and judicial corruption. Other significant human 
rights problems included harsh, violent, and overcrowded prison 
conditions; lengthy pretrial detention; violence and discrimination 
against women; abuses against children, child labor, and forced child 
prostitution; trafficking in persons; and inadequate enforcement of 
labor rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed any politically 
motivated killings; however, there were reports that security forces 
were involved in unlawful killings.
    During the year the Office of the Ombudsman for Human Rights (PDDH) 
stated that the National Civilian Police (PNC) was responsible for 559 
cases of abuse of human integrity, which included unlawful killings, 
attempted unlawful killings, assaults, and other offenses causing 
bodily harm. During the year the PDDH received 11 complaints of alleged 
unlawful killings. As of August the Office of the PNC Inspector General 
reported that security forces killed 10 persons, compared with 24 in 
2007.
    On July 2, six individuals dressed as police officers in San 
Bartolo, Ilopango, fatally shot Walter Alexander Ayala Rivas and Jolman 
Ernesto Ayala Rivas. Authorities apprehended six suspects and 
determined that the killings were gang-related. The Office of the 
Attorney General reported that the accused were sentenced each to 35 
years' imprisonment.
    On July 24, an unknown individual fatally shot Rafaela Hernandez 
Delgado, the wife of a Frente Farabundo Marti para la Liberacion 
Nacional (FMLN) San Salvador municipal council member, while she was 
riding a public bus. At year's end the case remained under 
investigation.
    On January 14, Nelson Antonio Arriaza Delgado, a PNC sergeant and 
former chief of its regional criminal investigation unit, and Carlos 
Geovanny Chevez Hidalgo each were sentenced to 35 years' imprisonment 
for the July 2007 murder-for-hire killing of Amado Garcia Amaya, an 
alleged gang member in Nueva Esparta. On March 20, authorities also 
sentenced Arriaza Delgado to 40 years' imprisonment for the 2007 
killings in Jocoro, Morazan, of Pedro Antonio Sosa Flores, Oscar Rene 
Bonilla Machado, and Mario Humberto Diaz Bonilla, and the attempted 
killing of Jose Rigoberto Diaz Benitez. By year's end authorities had 
dismissed charges against police officer Shefick Cruz Vasque, who was 
also charged with the killing of Garcia Amaya. As of December the 
Office of the Attorney General was appealing the decision to dismiss 
charges against Cruz Vasquez. There was no information available 
regarding the status of police officer Edilberto Paiz Morales, who was 
also charged with the killing of Garcia Amaya.
    On July 25, PNC officer Jose Vidal Reyes Escobar was sentenced to 
30 years' imprisonment for the August 2007 beating and killing of Jose 
Napoleon Aviles, while in custody in Mejicanos. At year's end the 
whereabouts of PNC officer Luis Alfonso Rubi Canales, also allegedly 
involved in the August 2007 killing, were unknown.
    On January 15, a judge ordered a stay of proceedings for PNC 
officers Edilberto Alexander Cruz Chavez and Angel Antonio Garcia 
Hernandez, who testified that in 2006, PNC officer Leonidas Beltran 
Diaz killed Cesar Anaya Vanegas. The whereabouts of PNC officer Elmer 
Vladimir Lovato Ramos, also implicated in the killing of Anaya Vengas, 
were unknown, and the case remained pending at year's end.
    On July 22, a tribunal cleared Edwin Rene Sanchez Canjura of two 
counts of murder and 17 counts of attempted murder in relation to the 
2006 killings of two police officers. By year's end the Office of the 
Attorney General had appealed the tribunal's decision to the Supreme 
Court.
    On March 14, the Government filed a petition with the Inter-
American Court of Human Rights to reverse the court's November 2007 
ruling against the Government for violations of judicial guarantees and 
rights in the 1994 killing of Mauricio Garcia Prieto. In June the Human 
Rights Institute of the University of Central America (IDHUCA) 
submitted a complaint to the Office of the Attorney General, asking the 
Government to observe the November 2007 ruling. On November 24, the 
court dismissed the Government's petition and upheld its previous 
ruling that the Government compensate Prieto family members for legal 
costs and provide them with medical treatment. The Government was given 
six months from November 24 to comply with the ruling.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Government Interinstitutional Committee for the Search for 
Missing Children Resulting from the Armed Conflict in El Salvador 
reported that it has resolved 56 of 165 cases under investigation. The 
nongovernmental organization (NGO) Association for the Search for 
Missing Children (Pro-Busqueda) continued to investigate 818 cases of 
children who disappeared during the 1980-92 civil war. The Inter-
American Commission on Human Rights (IACHR) accepted Pro-Busqueda's 
complaints against the Government, which alleged the forced 
disappearances of Santos Ernesto Salinas and Emelinda Lorena Hernandez 
in 1981 and of Manuel Antonio Bonilla and Ricardo Ayala Abarca in 1982. 
By year's end Pro-Busqueda had resolved six other cases.
    On January 22, a court cleared of all charges and dismissed the 
case against Juan Antonio Lopez, the western regional chief of the 
Office of the Public Defender, relating to his alleged participation in 
the January 2007 kidnapping of a 12-year-old boy. By year's end the 
Office of the Attorney General had appealed the decision to the Supreme 
Court.
    At year's end the IACHR had not published any findings regarding 
the Jose Adrian Hernandez Rochac 1980 disappearance case.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, during 
the year the PDDH received 652 complaints, most against PNC officers, 
alleging the use of excessive force or mistreatment of detainees, 
compared with 839 such complaints in 2007. The PDDH received 59 
complaints against PNC officers for excessive use of force. During the 
year the PDDH received 19 complaints of alleged torture and eight 
complaints of alleged extrajudicial killings.
    The PDDH and Office of the Inspector General reported that on 
February 15, students blocked the police from entering the Romero 
Albergue School in San Jacinto during the arrest of a student's father. 
The police reportedly then used excessive force against the students. 
The Office of the Inspector General concluded that officers Jose Matias 
Salazar and Carlos Alberto Flores Portal used excessive force during 
the incident and submitted the case to a disciplinary tribunal, which 
on December 3 dismissed all charges against the officers.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and dangerous. Overcrowding constituted a serious threat to 
prisoners' health and lives, and the prison population continued to 
increase during the year.
    At year's end there were 19,814 prisoners held in 22 correctional 
facilities and two secure hospital wards, with a combined designed 
capacity for 8,227; of these inmates, 12,702 had been convicted, 7,112 
were in pretrial detention, and 6,801 were current or former gang 
members. There were 561 inmates in four prisons for juvenile offenders 
with a capacity of 763 inmates.
    On April 14, a judge sentenced police officer Saul Humberto Zacapa 
Carias to six years' imprisonment for sexually abusing a woman in 
police custody in June 2007.
    There were no developments regarding an investigation by the Office 
of the Attorney General of the February 2007 death of a 15-year-old 
inmate and injuries to two others at the Juvenile Offenders Prison in 
Ilobasco. By December authorities had not identified a suspect in the 
killing.
    Prison authorities reported that 57 prisoners died during the year, 
20 by homicide, one by suicide, and 36 from natural causes. Nine 
inmates were convicted of homicide and a stay of proceedings was 
declared for the other 10 inmates charged in connection with the 
January 2007 gang-on-gang confrontation in Apanteos Prison, in which 21 
inmates were killed.
    Gang activities in prisons and juvenile-holding facilities remained 
a serious problem. Gang members were routinely separated from the 
regular prison population when possible. Gangs continued to exercise 
influence within the prisons and the judicial system. Prisoners 
reportedly conducted criminal activities from their cells, at times 
with the complicity of prison guards. Smuggling of weapons, drugs, and 
contraband such as cellular telephones and cellular telephone chips, 
was a major problem in the prisons. During the year prison authorities 
convicted one prison guard, dismissed charges of wrongdoing against 
three others, and continued criminal investigations against an 
additional two guards.
    Due to a lack of holding cells, pretrial detainees were often held 
in regular prisons together with violent criminals.
    The Government permitted prison monitoring visits by independent 
human rights observers, NGOs, and the media, and such visits occurred 
during the year.

    d. Arbitrary Arrest or Detention.--Although the constitution 
prohibits arbitrary arrest and detention, there were complaints that 
the PNC arbitrarily arrested and detained persons. The PDDH reported 
receiving 193 complaints of arbitrary arrest or detention during the 
year; it also received complaints of 121 illegal detentions.
    On August 1, the Office of the Inspector General opened an 
investigation of four PNC officers for allegedly beating Abraham Kattan 
during a vehicle inspection in Sonsonate. The case remained pending at 
year's end.
    On February 19, the justice of the peace in Suchitoto dismissed 
public disorder charges against 14 protesters originally accused of 
terrorism in connection with a July 2007 antigovernment protest.
    The PDDH reported that on May 3, unknown assailants used a sharp 
instrument to kill Hector Ventura, one of the protestors arrested in 
Suchitoto. Based on a PDDH petition, the Office of the Attorney General 
granted special protection to two witnesses to the killing: Oscar David 
Casco Rivera, who was injured in the attack, and Mariana Estefany Casco 
Rivera. However, the witnesses fled before entering the protection 
program. At year's end their whereabouts were unknown. Authorities 
identified Julio Adalberto Bernal, a member of the MS-13 street gang, 
as one of the alleged killers of Ventura. A police investigation found 
no relationship between Venutra's killing and the 2007 protests at 
Suchitoto.

    Role of the Police and Security Apparatus.--The PNC is responsible 
for maintaining public security and the Ministry of Defense maintains 
national security. The military provided support for some PNC patrols 
in rural areas and gave support to law enforcement agencies for 
specific activities, including antinarcotics efforts. The Ministry of 
Public Security headed the antigang task force. Approximately 2,150 
military personnel were deployed to join the police on antigang and 
other task forces. Military personnel, however, do not have arrest 
authority.
    During the year the PNC Inspector General received 1,717 complaints 
of alleged police misconduct (involving 2,363 officers), referred 200 
cases of these to special investigation units, and sanctioned 1,320 
officers in response to complaints filed during the year and prior 
years. These sanctions included 162 officers dismissed for misconduct 
and 736 suspended without pay for minor infractions.
    The Attorney General's Office prosecuted 10 police officers as a 
result of investigations begun in 2007 and 2008. Inadequate training, 
insufficient government funding, lack of a uniform code of evidence, 
and isolated instances of corruption and outright criminality 
interfered with the PNC's effectiveness.
    On May 19, authorities arrested two police officers and four 
members of the armed forces for the shooting death of 18-year-old Rene 
Gil Santos Diaz. On November 12, a magistrate sent two of the accused 
to trial and ordered stays of proceedings for the others. On December 
5, Vidal Antonio Chavez Garay of the armed forces was sentenced to 10 
years' imprisonment. Charges were dropped against the other defendant.
    The PNC Inspector General reported that most PNC officers and 
police academy cadets received human rights awareness training during 
the year, including training by the Salvadoran Institute for the 
Development of Women (ISDEMU) concerning rape prevention, child abuse, 
and related offenses. As of August the PNC Human Rights Unit had 
trained 17,914 police officers regarding the rights of women and 484 
officers on torture topics. The PNC Office of the Inspector General 
trained 352 police officers on the human rights of vulnerable groups. 
The International Law Enforcement Academy's training of 77 police 
officers, 30 prosecutors, 63 judges, and 46 technical advisors, 
including workers in the immigration, customs, and airport authorities, 
included human rights awareness components.

    Arrest and Detention.--The constitution requires a written warrant 
for arrest, except in cases where an individual is arrested in the 
commission of a crime. In practice authorities apprehended persons 
openly and with warrants based on sufficient evidence and issued by a 
duly authorized official and brought them before appropriate judicial 
officials. The constitution provides that a detainee has the right to a 
prompt judicial determination of the legality of the detention, and 
authorities generally respected this right in practice. In general 
detainees were promptly informed of charges against them.
    The law permits release on bail for detainees who are unlikely to 
flee or whose release would not impede the investigation of the case. 
Because it may take several years for a case to come to trial, some 
prisoners were incarcerated longer than the maximum legal sentences for 
their crimes. In such circumstances, detainees could request a Supreme 
Court review of their continued detention.
    The courts generally enforced a ruling that interrogation without 
the presence of counsel is considered coercion and that any evidence 
obtained in such a manner is inadmissible. As a result, PNC authorities 
generally delayed questioning until a public defender or an attorney 
arrived. Family members were allowed prompt access to detainees. 
Detainees generally had prompt access to counsel of their choosing or 
to an attorney provided by the state.
    The constitution permits the PNC to hold a person for 72 hours 
before delivering the suspect to court, after which the judge may order 
detention for an additional 72 hours to determine if an investigation 
is warranted. The law allows up to six months for investigation of 
serious crimes before requiring either a trial or dismissal of the 
case. In exceptionally complicated cases, the prosecutor may ask an 
appeals court to extend the deadline for three or six months, depending 
on the seriousness of the crime. Many cases were not completed within 
the legally prescribed time frame. At year's end there were 7,112 
inmates in pretrial detention or in detention awaiting final judgment.

    e. Denial of Fair Public Trial.--Although the constitution provides 
for an independent judiciary, the judiciary suffered from inefficiency, 
corruption, and insufficient resources. Substantial corruption in the 
judicial system contributed to a high level of impunity, undermining 
the rule of law and the public's respect for the judiciary. Inadequate 
government funding of the PNC, combined with intimidation and killing 
of victims and witnesses, made it difficult to identify, arrest, and 
prosecute perpetrators of human rights abuses and other crimes, thus 
diminishing public confidence in the justice system.
    During the year the Government Program for the Protection of 
Victims and Witnesses received 2,347 requests for protection. At year's 
end 3,110 persons were in some type of police witness or victim 
protection program. However, street gang intimidation and violence 
against witnesses contributed to a climate of impunity from criminal 
prosecution.
    On March 1, several assailants fatally shot Alicia Belmira 
Gonzalez, a witness identified as ``Afrodita,'' who was in a government 
protection program. In 2006 Gonzalez agreed to cooperate with police in 
investigating a series of killings perpetrated by the M-18 street gang. 
Following Gonzalez's killing, the criminal court in San Salvador 
dismissed charges against 11 gang members due to insufficient evidence. 
At year's end nine of the 11 gang members remained in detention, facing 
criminal charges in relation to other cases.
    During the year the PDDH received complaints that the Attorney 
General's Office had prevented access to justice in 115 cases, violated 
due process in five cases, and violated administrative process in 59 
cases.
    On June 18, the Supreme Court began investigating two judges and 
one justice of the peace for rendering controversial decisions during 
the prosecution of the Los Perrones narcotrafficking organization.
    During the year the Office of the Attorney General investigated 73 
judges and nine magistrates for corruption. The Supreme Court received 
169 complaints from private citizens against judges for alleged 
irregularities and sanctioned three judges for improper conduct.
    NGOs, such as the Foundation for Studies in Legal Application, the 
Salvadoran Foundation for Economic and Social Development (FUSADES), 
and IDHUCA continued to allege that the Supreme Court did not 
adequately address judicial delays, inefficiency, and unqualified and 
corrupt judges. FUSADES reported that the public had no faith in the 
judicial system due to a lack of access to justice and accountability, 
a judicial backlog, and corruption.
    During the year the Office of the Attorney General received 203 
complaints against prosecutors for misconduct, compared with 222 
complaints during 2007, resulting in the dismissal of one prosecutor 
and the suspensions of 13 others for corruption and other serious 
infractions.
    The court system has three levels. The first level includes 
justices of the peace, judges of instruction, and judges of sentence. 
The other two levels include appellate courts and the Supreme Court. 
The Supreme Court oversees the budget and administration of the court 
system and selects justices of the peace, trial judges, and appellate 
judges from a list of nominees proposed by the National Judiciary 
Council, an independent body that nominates, trains, and evaluates 
justices. There are separate court systems for family matters and 
juvenile offenders. The law requires that minors from 12-17 years of 
age be tried in juvenile courts.

    Trial Procedures.--In general the law provides for trial by jury 
only in select cases. Although juries were used for specific charges, 
including environmental pollution and certain misdemeanors, judges 
decided most cases. By law juries hear only cases that the law does not 
assign to sentencing courts. After the jury's determination of 
innocence or guilt a tribunal decides the sentence.
    Defendants have the right to be present in court, question 
witnesses, and present witnesses and evidence. Although the 
constitution further provides for the presumption of innocence, 
protection from self-incrimination, the right to legal counsel, freedom 
from coercion, and government-provided legal counsel for the indigent, 
these legal rights and protections were not always respected in 
practice. Although a jury's verdict is final, a judge's verdict can be 
appealed. Trials are public.

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

    Civil Judicial Procedures and Remedies.--Although the law provides 
for access to the courts, enabling litigants to bring civil-matter 
lawsuits, including seeking damages for, or cessation of, human rights 
violations, the judiciary was not independent or impartial. Judges were 
subject to outside influence. Some persons sought to bring their cases 
before international bodies, such as the IACHR and the Inter-American 
Court, because they believed that these organizations would adjudicate 
their claims with greater fairness and impartiality. The law provides 
administrative remedies for alleged wrongs through the PDDH, the 
Solicitor's Office, the Government Ethics Tribunal, and the Center for 
Consumer Protection, as well as administrative offices within the 
various ministries. There were problems in 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. Independent media were active and 
expressed a variety of views without restriction.
    Following a Reporters Without Borders request that the Government 
investigate the September 2007 killing of radio journalist Salvador 
Sanchez Roque, on May 12, a court sentenced three gang members to 35 
years' imprisonment each for homicide.
    Although international NGOs generally commented positively on the 
status of press freedom in the country, newspaper editors and radio 
directors occasionally discouraged journalists from reporting on topics 
that the owners or publishers might not view favorably.
    The law permits the executive branch to use the emergency 
broadcasting service to take over temporarily all broadcast and cable 
networks to televise political programming.
    On September 19, while journalists Roberto Guzman Miguel and Allan 
Antonio Martell Pereira were filming a documentary on problems with 
potable water in Huizucar, La Libertad, municipal advisor Jose Arias 
damaged their camera and threatened to kill them with a machete. On 
November 6, a judge issued a restraining order against Arias and 
ordered that he pay for camera repairs.

    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 service was primarily available in the major cities. The 
International Telecommunication Union reported that in 2007, there were 
approximately 11 Internet users per 100 inhabitants nationwide.

    Academic and Cultural Freedom.--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. On February 19, 
the Government dismissed charges against several persons who were 
arrested and charged under the counterterrorism law during July 2007 
demonstrations in Suchitoto against President Saca.

    Freedom of Association.--Although the constitution provides for 
freedom of association, there were concerns regarding registration 
delays of certain types of civil society groups. NGOs asserted that the 
Ministry of Governance delayed approval of, or denied legal status for, 
NGOs with particular human rights or political agendas. The Government 
continued to deny the legal registration application of the homosexual 
rights NGO Entre Amigos.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Ministry of Governance has responsibility for 
registering, regulating, and overseeing the finances of nonprofit 
organizations, non-Catholic churches, and other religious groups. The 
constitution exempts the Roman Catholic Church from this registration 
requirement. Although non-Catholic churches are not required to 
register, they must do so if they wish to incorporate formally. 
Noncitizens in the country primarily for the purpose of proselytizing 
must obtain a special residence visa for religious activities. In 
practice the Government did not enforce this requirement.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination, including anti-Semitic acts. The 
Jewish community totaled approximately 150 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 constitution prohibits forced exile, and the Government 
observed this prohibition in practice.

    Protection of Refugees.--The law provides for the 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 
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. During the 
year the Government received six refugee petitions and granted one 
person refugee protection; two petitions were dismissed, and the 
remaining three petitions were pending at year's end.
    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 received no requests for temporary protection for 
individuals who may not qualify as refugees under the 1951 UN 
Convention and its 1967 protocol.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    In 2004 ARENA party candidate Elias Antonio Saca won the 
presidential election, which the Organization of American States and 
other international observers reported was generally free and fair with 
few irregularities.
    Political parties could operate without restrictions or outside 
interference. In March 2006 elections, described as free and fair by 
international observers, the ARENA party won a plurality of 34 deputy 
seats in the 84-seat unicameral Legislative Assembly and later 
negotiated with the 10 deputies of the National Conciliation Party and 
the five deputies of the Christian Democratic Party to maintain a 
simple working majority. The opposition FMLN Party won 32 seats.
    The country's vice president was a woman, and there were 13 women 
in the Legislative Assembly and five women on the 15-member Supreme 
Court. No persons in the Supreme Court, legislature, or other 
government entities identified themselves as members of an ethnic 
minority or indigenous community, and there were no political party 
positions or parliamentary seats designated for ethnic minorities.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials, particularly in the 
judicial system, reportedly engaged in corrupt practices with impunity. 
Public officials are not subject to financial disclosure laws. The 
Court of Accounts, the Anticorruption Unit of the Office of the 
Attorney General, and the Government Ethics Tribunal (TEG) are the 
three agencies that combat corruption. During the year the Office of 
the Attorney General brought eight judicial corruption cases before the 
Supreme Court. Through December there was no information on the status 
of these cases.
    The Legislative Assembly has not audited the Court of Accounts, the 
Government agency charged with auditing the National Treasury and the 
Federal Budget, since 1995, despite a law mandating an annual audit. 
The attorney general criticized the administration of the Court of 
Accounts on various occasions, alleging corruption and mismanagement. 
In July the Court of Accounts rejected a budget and procedure audit on 
legal technicalities. FUSADES criticized the court's decision as 
lacking in transparency and accountability.
    In contrast with its practices in previous years, the Legislative 
Assembly restricted public access to its monthly committee reports and 
required that a Board of Directors member approve such requests. The 
TEG opened investigations against 186 public officials and resolved 112 
of these cases. To combat public sector corruption, the TEG operated 
tribunals within government entities.
    On November 12, the TEG rejected a motion, based on a petition 
filed by a private citizen, to sanction President Saca for attending a 
fundraising lunch for the ARENA party while on an official visit to Los 
Angeles. The TEG stated that the president was not representing the 
Government at the lunch.
    Although the law provides for public access to government 
information, in practice inconsistent legislation impeded such access. 
There is no freedom of information law. Citizens could access some 
information via the Internet regarding the national budget and certain 
cases before the Supreme Court. The Government usually did not give 
reasons for denying public access to information. There are no 
mechanisms to appeal denials.
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. Although government 
officials generally were cooperative and responsive to these groups, 
officials at times were reluctant to discuss worker rights issues with 
NGOs and the PDDH. Domestic and international NGOs were required to 
register with the Government, and some reported difficulties. The 
Government continued to deny legal registration to the gay rights NGO 
Entre Amigos.
    The principal human rights investigative and monitoring body is the 
autonomous PDDH, whose head is elected by the Legislative Assembly to a 
three-year term. The PDDH regularly issued reports, including an 
analysis of use of the counterterrorism law during the July 2007 
Suchitoto demonstration, and press releases.
    The PDDH maintained a constructive dialogue with the president's 
office. The Government publicly acknowledged receipt of the PDDH's 
reports, although in some cases it did not take action on PDDH 
recommendations, which are not legally binding. The public generally 
trusted the PDDH.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the constitution and the legal code establish that all 
persons are equal before the law and prohibit discrimination regardless 
of race, gender, disability, language, or social status, in practice 
the Government did not effectively enforce these prohibitions. There 
was discrimination against women, persons with disabilities, gay and 
lesbian persons, and indigenous people.

    Women.--The law criminalizes rape. While not specifically addressed 
in the law, spousal rape may be considered a crime if the actions meet 
the criminal code definition of rape. The Office of the Attorney 
General may prosecute rape cases with or without a complaint from the 
victim, and the law does not permit the victim's pardon to nullify the 
criminal charge. The penalty for rape is six to 10 years' imprisonment, 
but the law provides for a maximum sentence of 20 years for rape of 
certain classes of victims, including children and persons with 
disabilities. Incidents of rape continued to be underreported for a 
number of reasons, including societal and cultural pressures against 
victims, fears of reprisal, ineffective and unsupportive responses by 
the authorities toward victims, fear of publicity, and a perception 
among victims that cases were unlikely to be prosecuted. Laws against 
rape were not effectively enforced.
    Rape and other sexual crimes against women were widespread. The 
attorney general opened the investigations of 1,002 cases of rape of 
adults, which resulted in 189 trials and 71 convictions. The Office of 
the Attorney General investigated 444 cases of rape of minors and 
persons with disabilities, resulting in 100 trials and 33 convictions. 
Through December the PNC received reports of 364 cases of rape against 
adults. By year's end the Office of the Attorney General was 
investigating 1,657 cases of sexual crimes (including the 
aforementioned rape cases), resulting in 266 trials and 109 
convictions.
    ISDEMU provided health and psychological assistance to 943 women 
who suffered sexual abuse. It also provided assistance to 5,901 girls 
who suffered physical abuse during the year.
    The law prohibits domestic violence and provides for sentences 
ranging from one to three years in prison. The law also permits 
obtaining restraining orders against offenders. Domestic violence was 
considered socially acceptable by a large portion of the population, 
and, as with rape, its incidence was underreported.
    Violence against women, including domestic violence, was a 
widespread and serious problem. Laws against domestic violence were not 
well enforced, and cases were not effectively prosecuted. During the 
year ISDEMU received 6,051 reports of domestic violence, compared with 
5,906 complaints in 2007. The Office of the Attorney General 
investigated 1,201 cases, which resulted in 12 trials and four 
convictions.
    ISDEMU coordinated with the judicial and executive branches and 
civil society groups to conduct public awareness campaigns against 
domestic violence and sexual abuse. The PDDH, the Attorney General's 
Office, the Supreme Court, the Public Defender's Office, and the PNC 
collaborated with NGOs and other organizations to combat violence 
against women through education, increased enforcement of the law, and 
NGO support programs for victims. The National Secretariat for the 
Family, through ISDEMU, defined policies, programs, and projects on 
domestic violence and continued to maintain a telephone hot line and a 
shelter for victims of domestic abuse and child victims of commercial 
sexual exploitation.
    Although prostitution is legal, the law prohibits inducing, 
facilitating, promoting, giving incentives to a person to work as a 
prostitute, or paying anyone under the age of 18 for sexual services. 
Prostitution remained common, and there were credible reports that some 
women and girls were forced into prostitution.
    Trafficking in women and girls for purposes of sexual exploitation 
was a problem. The attorney general reported that it had investigated 
approximately 80 cases of sexual exploitation.
    The law prohibits discrimination based on gender; however, it does 
not specifically prohibit sexual harassment. The law broadly defines 
sexual harassment as any unwanted verbal or physical sexual conduct and 
stipulates penalties of three to five years in prison (or four to eight 
years in cases where the victim is under the age of 15 at the time of 
the offense). Fines are added to the prison term in cases where the 
perpetrator is in a position of authority or trust over the victim.
    The Government did not enforce sexual harassment laws effectively. 
Since underreporting by victims of sexual harassment appeared to be 
widespread, it was difficult to estimate the extent of the problem; 
however, ISDEMU estimated that 40 percent of incidents of sexual abuse 
and rape were preceded by sexual harassment.
    The constitution grants women and men the same legal rights under 
family and property law, but women did not receive equal treatment in 
practice. The law establishes sentences of one to three years in prison 
for public officials who deny a person's civil rights based on gender, 
and six months to two years for employers who discriminate against 
women in the workplace; however, it was difficult for employees to 
report such violations because they feared reprisals.
    Pregnancy testing as a condition for employment is illegal. There 
were allegations that some businesses, including apparel assembly 
factories, required female job applicants to present pregnancy test 
results and fired pregnant workers.
    Women suffered from cultural and societal discrimination and had 
reduced economic opportunities. Men often received priority in job 
placement and promotions, and women were not accorded equal respect or 
stature in traditional male-dominated sectors, such as agriculture and 
business. Training for women generally was confined to low-wage 
occupational areas where women already held most positions, in fields 
such as teaching, nursing, home industries, and small businesses.
    Gender-based wage disparity remained a problem. Data from the 2007 
Household Survey indicated that, on average, women's monthly wages were 
$265.81 (the U.S. dollar is the national currency), and men's were 
$308.73. In the apparel assembly sector, where women made up the 
majority of the labor force, men held most positions in management and 
in departments where employees received higher wages.
    ISDEMU provided awareness training on public policies relating to 
gender and, along with the Foundation for Small and Medium-Sized 
Enterprises and the Salvadoran Institute for Professional Training, 
also provided technical and financial assistance to female heads of 
household throughout the country.

    Children.--The Government was committed to improving children's 
rights and welfare. However, it allocated insufficient resources and 
suffered from poor interagency coordination in its child welfare 
activities. The Salvadoran Institute for Children and Adolescents 
(ISNA), an autonomous entity, has primary responsibility for child 
welfare issues.
    There were reports that not all births were registered, but there 
were no current statistics to confirm the extent of the problem.
    Child abuse was a serious and widespread problem. Through June ISNA 
reported 1,114 cases of child abuse, including 357 cases of negligence, 
227 cases of mistreatment, 138 cases of children living on the streets, 
192 cases of sexual abuse, 122 cases of abandonment, 34 cases of 
children employed as beggars, and 44 cases of commercial sexual 
exploitation.
    On April 29, Pablo Urias Torres, a schoolteacher in San Vicente, 
was sentenced to 34 years' imprisonment for the rape of three minor 
students. On May 21, Juan Fernando Elias, a schoolteacher from San 
Salvador, was sentenced to six years' imprisonment for the rape of a 
minor student.
    There was no information available regarding the status of the 
Office of the Attorney General's investigation of the alleged beating 
by police officers in 2007 of a minor prisoner in Tonacatepeque 
juvenile prison.
    The law prohibits participating in, facilitating, or purchasing 
materials containing child pornography and provides for prison 
sentences of up to 16 years' imprisonment; however, this law was not 
enforced effectively.
    On August 20, infant Erick Amaya died of pneumonia and malnutrition 
while in the care of ISNA. At year's end the Office of the Attorney 
General was investigating whether ISNA employees should be charged with 
negligence regarding the child's death. Media reports throughout the 
year focused on ISNA's poor management, and the need for the Government 
to pass new legislation to protect children's welfare.

    Trafficking in Persons.--Although the law prohibits trafficking in 
persons, there were reports that persons were trafficked to, from, and 
within the country.
    The country was a source, transit, and destination country for 
women and children trafficked primarily for the purpose of sexual 
exploitation. There were reports of internal trafficking and evidence 
that persons were trafficked for agricultural work. There was also 
evidence that the country was a transit point for girls trafficked to 
Mexico, the United States, neighboring Central American countries, and 
elsewhere.
    Most international trafficking victims came from Nicaragua, 
Honduras, and South America. Some children were trafficked internally 
to cities, particularly to Acajutla and San Miguel, and to border 
regions. Sex trafficking of minors occurred within the country's 
borders, as did sex trafficking induced by force, fraud, or coercion. 
According to the International Labor Organization's (ILO) International 
Program to Eliminate the Worst Forms of Child Labor, girls were 
sexually exploited commercially in San Salvador and San Miguel.
    Trafficking remained a significant problem, but due to the 
country's porous borders, there were no firm estimates on its full 
extent. Groups at special risk for trafficking were girls and young 
women from 12-18 years of age, persons from rural and poor areas, 
single mothers in poor areas, adolescents without formal schooling, 
adolescent mothers, unemployed young men, and young foreign girls.
    According to immigration authorities, the principal traffickers in 
the country were the owners of topless bars, brothels, and employment 
agencies that offered inducements for work in beauty salons, as models, 
in gyms, as maids, or in factories.
    The PNC reported that the most common methods of obtaining victims 
were kidnapping, lucrative job offers, and inducement into prostitution 
by family, friends, and smugglers. While some traffickers transported 
victims, some foreign victims entered the country on their own from 
Nicaragua, Honduras, and other neighboring countries in response to job 
offers to work as domestic servants but were forced into prostitution 
on arrival.
    Trafficking in persons and forced prostitution are felonies, 
penalized by four to eight years' imprisonment. If the trafficking 
victim is under 18, has physical or mental disabilities, suffers 
violations of freedom of transit in a foreign country, dies as a 
consequence of negligence or imprudence, or if the perpetrator is a law 
enforcement agent or public officer, the maximum sentence increases by 
one-third.
    By year's end the PNC had arrested 408 persons on trafficking 
charges. The Office of the Attorney General investigated 81 new cases 
of trafficking and obtained seven convictions. In its 2008 
observations, the ILO Committee of Experts requested that the 
Government provide information on court cases under way, copies of 
judicial rulings made, and penalties imposed to combat trafficking in 
persons.
    During the year the Government, in cooperation with Interpol and 
foreign authorities, detained 372 persons for trafficking. In February 
a court sentenced a former PNC official to seven years' imprisonment, 
and two other persons to eight and six years' imprisonment 
respectively, for trafficking a 16-year-old girl and a woman for the 
purpose of sexual exploitation.
    The Government detained illegal migrants, including those who might 
have been trafficking victims. Persons under age 18 were repatriated 
through ISNA cooperation with its counterpart organizations. The PNC 
encouraged trafficking victims to press charges against traffickers. 
Victims could apply for temporary residence or refugee status if they 
were likely to face persecution in their country of origin. Adult 
illegal immigrant victims of trafficking who did not request assistance 
or express fear for their lives were deported under immigration law.
    The Government provided legal, medical, and psychological services 
upon request. Victims of trafficking were not treated as criminals 
unless they were undocumented workers of legal age. Although the 
Government provided assistance to its repatriated citizens who were 
victims of trafficking, victims faced societal discrimination due to 
having engaged in prostitution or other commercial sexual activities.
    The Salvadoran Network Against Trafficking, made up of the ILO, 
Catholic Relief Services, Save the Children, the Anglican Church of El 
Salvador, CARECEN International, Caritas, and the Salvadoran National 
Women's Commission, provided legal counseling and human rights 
awareness to victims of trafficking. The Government's shelter for 
victims of trafficking provided protection to 42 persons during the 
year.
    The ISDEMU human rights program assisted 9,211 at-risk persons. The 
National Committee to Combat Trafficking in Persons, a task force made 
up of the Government agencies responsible for addressing trafficking in 
persons, collected data on trafficking, and its member agencies 
conducted extensive antitrafficking training, information programs, and 
assistance to victims.
    During the year the Government, Catholic Relief Services, and Save 
the Children conducted a pilot program to provide financial assistance 
to trafficking victims to foster their reintegration into society. The 
program also developed an interagency manual to train police, lawyers, 
and judges on combating trafficking. The Government also reported that 
the UN Children's Fund and an international NGO trained 38 government 
and NGO officials to combat trafficking. The Government stated that by 
year's end, it had trained 5,231 public officials involved with 
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 physical and mental disabilities in employment, 
education, access to health care, or the provision of other state 
services. The Government, however, did not allocate sufficient 
resources to enforce effectively these prohibitions, particularly in 
education and employment, nor did it effectively enforce legal 
requirements for access to buildings for persons with disabilities.
    Several public and private organizations promoted the rights of 
persons with disabilities. The National Council for Disabled Persons 
(CONAIPD) is the Government agency responsible for protecting those 
rights.
    Throughout the year CONAIPD conducted awareness campaigns, provided 
sensitivity training to 1,240 persons from the public and private 
sectors, and promoted the hiring of persons with disabilities. The 
Government Fund for the Protection of Persons with Disabilities gave 
financial support to people who were wounded or had a disability as a 
result of the civil war. The Rehabilitation Foundation, in cooperation 
with the Salvadoran Institute for the Rehabilitation of the Disabled, 
continued to operate a treatment center for persons with disabilities. 
The Government provided minimal funding for these programs.

    Indigenous People.--While the constitution states that native 
languages are part of the national heritage and should be preserved and 
respected, the law does not recognize indigenous communities and 
accords no special rights to indigenous people. There were reports that 
indigenous persons comprise approximately 0.21 percent of the national 
population and form three principal groups: Nahua-Pipiles in western 
and central areas of the country, and Lencas and Cacaoperas in the 
eastern region. Although few individuals publicly identified themselves 
as indigenous, there were a few small indigenous communities whose 
members continued to maintain traditional customs without repression or 
interference by the Government or nonindigenous groups. Government 
estimates in 2004, the most recent available, indicated that 
approximately 99 percent of indigenous persons lived below the poverty 
level.
    There was no information available regarding the status of a 
complaint that 11 self-identified indigenous persons filed in 2007 with 
the Supreme Court Constitutional Chamber, regarding discrimination 
arising out of government housing and population censuses.
    Access to land was a problem for indigenous persons. Because few 
possessed title to land, opportunities for bank loans and other forms 
of credit were extremely limited.
    There were no government programs dedicated to combating 
discrimination against indigenous persons.

    Other Societal Abuses and Discrimination.--There were reports that 
sexual abuse of males was substantially underreported to authorities. 
During the year ISDEMU provided health and psychological assistance to 
three men and 64 boys who were victims of physical or sexual abuse.
    The law prohibits discrimination on the basis of HIV status and 
sexual orientation, although in practice discrimination was widespread. 
The homosexual rights group Entre Amigos reported that public and 
private actors engaged in violence and discrimination against sexual 
minorities and persons with HIV/AIDS, including the Government's 
continued denial of Entre Amigos' application for legal registration. 
Entre Amigos also reported that throughout the year, persons vandalized 
and robbed the group's offices, necessitating that the organization 
move locations regularly.
    Lack of public information remained a problem in confronting 
discrimination against persons with HIV/AIDS or in assisting persons 
suffering from HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--While the constitution provides for 
the right of workers, except military personnel, national police, and 
government workers, to form unions without previous authorization, 
there were problems in the exercise of this right.
    Union leaders asserted that the Government and judges continued to 
use excessive formalities as a justification to deny applications for 
legal standing to unions and federations. Among the requirements to 
obtain legal standing, unions must have a minimum of 35 members in the 
workplace, hold a convention, and elect officers. According to Ministry 
of Labor statistics, there were 386 registered unions.
    There was no new information available regarding the September 2007 
request by SITCOM communications union members that the Office of the 
Attorney General prosecute the minister of labor for not complying with 
a July 2007 order by the Supreme Court that SITCOM be granted legal 
status.
    With the exception of public workers who provide vital community 
services, the constitution recognizes the right to strike, and workers 
exercised this right in practice.
    A legal strike must be supported by 51 percent of workers in an 
enterprise, including workers not represented by the union. Unions may 
strike only after the expiration of a collective bargaining agreement 
or to protect professional rights. Unions must seek to resolve 
differences through direct negotiation, mediation, and arbitration 
before striking. A strike must aim to obtain or modify a collective 
bargaining agreement and to defend the professional interests of 
workers. Union members must approve a decision to strike through secret 
ballot, and the union must name a strike committee to serve as a 
negotiator and send the list of names to the Ministry of Labor, which 
notifies the employer. The union must wait four days from the time the 
Ministry of Labor notifies the employer before striking. The law 
prohibits workers from appealing a government decision declaring a 
strike illegal.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining by employees in the private sector 
and by certain categories of workers in autonomous government agencies, 
such as utilities and the port authority. The Ministry of Labor 
reported 290 collective bargaining agreements covering 60,226 workers. 
Labor leaders asserted that the Government had an unfair advantage in 
arbitration of public sector labor disputes because the Government 
holds two of three seats on arbitration panels.
    While the law prohibits antiunion discrimination, these provisions 
were rarely enforced, and there was discrimination against labor union 
organizers.
    There were 120 apparel assembly plants, including those located in 
free trade zones (FTZs). There are no special laws or exemptions from 
regular labor laws inside the FTZs. There were credible reports that 
some factories in the FTZs dismissed union organizers. There were no 
collective bargaining agreements among the 67,000 workers in the 
apparel assembly sector. Apparel assembly workers reported verbal and 
physical abuse, as well as sexual harassment by supervisors. The 
Ministries of Labor and the Economy concurred that during the year 
approximately 10,000 workers in the apparel assembly sector were not 
receiving social security and other payment benefits to which they were 
legally entitled. The Attorney General's Office reported receiving 308 
complaints and prosecuting 125 cases of nonpayment.
    The Government did not allocate sufficient resources for adequate 
inspection and oversight to ensure respect for association and 
collective bargaining rights in FTZs. There continued to be allegations 
of corruption among labor inspectors in the apparel assembly industry. 
During the year the Government conducted 28,314 labor inspections and 
imposed fines for labor violations in 1,004 cases.
    The law does not require employers to reinstate illegally dismissed 
workers. Employers have dismissed workers who tried to form unions, and 
in most cases the Government did not prevent their dismissal or seek 
their reinstatement.
    The law specifies 18 reasons for which an employer can legally 
suspend workers, and employers can invoke 11 of these reasons without 
prior administrative or judicial authorization. Workers reported 
instances where employers used illegal means to undermine union 
organizing, including dismissal of labor activists and blacklisting 
workers who were union members.
    There was no further information available regarding the failure of 
the Calvo Tuna Company to rehire dismissed workers who had formed a 
union, despite a July 2007 Ministry of Labor order granting the union 
legal status.

    c. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, including by children, except in 
the case of natural catastrophe and other instances specified by law. 
Although the Government generally enforced this prohibition, there were 
reports of trafficking of persons for forced commercial sexual 
exploitation and apparel assembly labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under the age of 14, but child 
labor remained a serious and widespread problem.
    Children from the age of 12 are allowed to engage in light work so 
long as it does not harm their health or interfere with their 
education. Children under 16 years of age are prohibited from working 
more than seven hours per day and 34 hours per week; those under age 18 
are prohibited from working at night or in occupations considered 
hazardous. The Ministry of Labor was responsible for enforcing child 
labor laws. In practice labor inspectors focused almost exclusively on 
the formal sector, where child labor was rare.
    The Government did not devote adequate resources to enforce 
effectively child labor laws in agricultural activities, especially 
coffee and sugarcane production, or in the large informal sector. 
Orphans and children from poor families frequently worked for survival 
as street vendors and general laborers in small businesses. Officials 
of the Ministry of Labor reported that the ministry received few 
complaints of violations of child labor laws, primarily because many 
citizens perceived child labor as an essential component of family 
income rather than a human rights abuse.
    There were credible reports of trafficking in children and child 
prostitution. Child labor in its worst forms was a serious problem in 
coffee and sugar cane cultivation, fishing, mollusk extraction, and 
fireworks production.
    The Ministry of Labor reported that it had 159 labor inspectors 
distributed nationwide; however, none specifically worked on child 
labor issues. The Ministry of Labor reported conducting 338 inspections 
of coffee plantations, 265 inspections of sugar cane plantations, three 
inspections of fireworks factories, and two inspections in the fishing 
and mollusk sectors.
    The Government operated child labor awareness programs to encourage 
school attendance. The Ministry of Labor reported that when inspectors 
encountered child labor, the Government removed the victims and placed 
them in educational programs. The ILO's International Program on the 
Elimination of Child Labor continued operating programs to combat 
commercial sexual exploitation of children.

    e. Acceptable Conditions of Work.--The minimum wage is set by 
executive decree, based on recommendations from a tripartite committee 
comprising representatives from labor, government, and business. The 
minimum monthly wage was $192.10 for retail employees, $187.73 for 
industrial laborers, and $166.82 for apparel assembly workers. The 
agricultural minimum wage was $89.86. The national minimum wage did not 
provide a sufficient standard of living for a worker and family.
    There was no new information available regarding the 2006 
outstanding fine of $144,724 imposed by the Third Sentencing Court 
against Joaquin Salvador Montalvo Machado for retaining illegally 
worker social security and pension payments at the Hermosa 
Manufacturing apparel assembly plant. There also was no new information 
available regarding an October 2007 Ministry of Labor order that 
Hermosa Manufacturing pay a $2,400 fine for outstanding wages and 
related benefits owed to company workers.
    In general the Ministry of Labor did not enforce effectively 
minimum wage laws. It reported conducting 7,938 inspections and 
sanctioning 81 employers in the industrial, commercial, and service 
sectors due to nonpayment of minimum wages. The average fine was 
$134.97.
    The law sets a maximum normal workweek of 44 hours, limited to no 
more than six days, and requires bonus pay for overtime. The law 
mandates that full-time employees be paid for an eight-hour day of rest 
in addition to the 44-hour normal workweek. The law prohibits 
compulsory overtime. These standards were not enforced effectively, and 
many workers were not paid overtime.
    Sources reported that some apparel assembly plants underpaid 
workers and failed to compensate for mandatory overtime. Corruption 
among labor inspectors and in the labor courts remained barriers to 
enforcing the minimum wage laws.
    The Ministry of Labor is responsible for setting workplace safety 
standards, and the law on occupational health and safety standards 
establishes a tripartite committee to review the standards. The law 
requires all employers to take steps to ensure that employees are not 
placed at risk to their health and safety in the workplace. This 
includes prohibitions on the employment of persons under age 18 in 
occupations considered hazardous or morally dangerous. Health and 
safety regulations are outdated, and enforcement was inadequate. The 
law does not clearly recognize the right of workers to remove 
themselves from hazardous situations without jeopardy to their 
continued employment. During the year the Ministry of Labor reported 
inspecting 3,774 workplaces for working conditions.

                               __________

                                GRENADA

    Grenada is a parliamentary democracy with a bicameral legislature. 
Grenada and two smaller islands, Carriacou and Petite Martinique, have 
a population of approximately 105,000. In generally free and fair 
elections on July 8, the National Democratic Congress (NDC) won 11 of 
15 seats in Parliament, defeating the incumbent New National Party 
(NNP) and Tillman Thomas was sworn in as prime minister. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens; however, problems included allegations of corruption, 
violence against women, and instances of child abuse.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports 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 confirmed reports that government officials employed 
them. However, there were occasional allegations that police beat 
detainees. Flogging, a legal form of punishment, was occasionally used 
as punishment for sex crimes.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, with the exception of 
overcrowding, and the Government permitted visits by independent human 
rights observers. Overcrowding was a significant problem, as 386 
prisoners, of which nine were women, were held in space designed for 98 
persons.
    Women were held in a separate section of the prison from men. There 
was no separate facility for juveniles, so they were held with the 
general prison population.

    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 does not 
have a military. The 937 person Royal Grenadian Police, together with 
242 rural constables, has a hierarchical structure and generally was 
effective in responding to complaints. The police commissioner 
continued a community policing program.
    The police report to the minister for national security, who is 
also the prime minister. The police commissioner can discipline 
officers (up to the rank of sergeant) in cases of brutality with 
penalties that include dismissal. Only the Public Service Commission 
can discipline officers with the rank of inspector or above.
    The police officer who stole drugs and ammunition from the evidence 
room in 2005 and two other officers accused of fraud in 2006 were 
dismissed from the service. Authorities dropped the cases pending 
against them.

    Arrest and Detention.--The constitution and law permit police to 
detain persons on suspicion without a warrant, but they must bring 
formal charges within 48 hours, and this limit generally was respected. 
In practice detainees were provided access to a lawyer and family 
members within 24 hours. The law provides for a judicial determination 
of the legality of detention within 15 days after arrest on a criminal 
charge. The police must formally arraign or release a detained person 
within 60 days, and the authorities generally followed these 
procedures. There is a functioning system of bail, although persons 
charged with capital offenses are not eligible. Persons charged with 
treason may be accorded bail only upon the recommendation of the 
governor general. The court appoints a lawyer for the indigent in cases 
of murder and other capital crimes.

    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 judiciary is a part of the Eastern Caribbean legal system, 
which consists of three resident judges who hear cases in the High 
Court twice a year and a Court of Appeals staffed by a chief justice 
who travels between the Eastern Caribbean islands to hear appeals of 
local cases. Final appeal may be made to the Privy Council in the 
United Kingdom.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right.
    There is a presumption of innocence, and the law protects persons 
against self incrimination and requires the police to explain a 
person's rights upon arrest. The accused has the right to remain silent 
and to seek the advice of legal counsel. The law allows for a defense 
lawyer to be present during interrogation and to advise the accused how 
to respond or not to respond to questions. The accused has the right to 
confront his accuser and has the right of appeal. There are jury trials 
in the High Court only; trials are open to the public unless the 
charges are sexual in nature or a minor is involved.
    The court appoints attorneys for indigents only in cases of murder 
or other capital crimes. In other criminal cases that reach the 
appellate stage, the court appoints a lawyer to represent the accused 
if the defendant was not represented previously or reappoints earlier 
counsel if the appellant can no longer afford that lawyer's services. 
With the exception of foreign born drug suspects or persons charged 
with murder, the courts granted most defendants bail while awaiting 
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 for civil matters. The civil court system 
encompasses a number of seats around the country at which magistrates 
preside over 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 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.
    In February authorities detained a Jamaican journalist and 
threatened her with deportation for not presenting the required 
documentation to work in the country. The prime minister's office 
stepped in to resolve the case, and the journalist was allowed to 
continue to work.
    In April two local journalists reported that they were the targets 
of harassment when leaflets with negative depictions of the two 
appeared in downtown St. George's. Reporters without Borders published 
on its Web site a letter of protest addressed to the prime minister.

    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 
and law provide for freedom of assembly and association, and the 
Government 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.
    There is no state religion; however, all religious organizations 
must register with the Government, which entitles them to some customs 
and import tax exemptions.

    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.--1The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation, and 
the Government generally respected these rights in practice.
    Although no known cases occurred, the Government was prepared to 
cooperate with the Office of the UN High Commissioner for Refugees and 
other humanitarian organizations in assisting refugees and asylum 
seekers.
    The law does not address forced exile, but the Government did not 
use it.

    Protection of Refugees.--The country is not 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 or asylum seekers. 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.--On July 8, the National 
Democratic Congress won 11 of 15 seats in the House of Representatives, 
defeating incumbent Prime Minister Keith Mitchell and his NNP 
administration, which retained four seats. The Organization of American 
States led a 25-member election observer mission, which deemed the 
elections free and fair.
    There were two women in the House of Representatives and four women 
among the 13 appointed senators. The Senate president is female, and 
there were three female ministers of government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not fully 
implement such laws, and officials sometimes engaged in corrupt 
practices. The World Bank's governance indicators reflected that 
corruption was a problem.
    In 2007 Parliament passed the country's first anticorruption laws, 
but the Integrity Commission created by one of the two laws was not in 
operation by the end of the year, because the newly elected government 
raised questions about the commission's composition.
    The new anticorruption laws require all public servants to report 
their income and assets, but implementation was delayed by lack of the 
new commission.
    There are no laws mandating transparent reporting of political 
donations or limiting the amount of political donations from outside 
the country.
    Although there is no law providing for public access to government 
information, citizens may request access to any information that is not 
deemed classified. There is no national archive system, but the public 
library attempted to archive those official documents to which it had 
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 
generally were cooperative and responsive to their views. Most local 
NGOs were connected to the main political parties.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
place of origin, political opinion, color, creed, or gender, and the 
Government generally upheld these prohibitions.

    Women.--The law criminalizes rape, including spousal rape, and 
stipulates a sentence of flogging or up to 15 years' imprisonment for a 
conviction of any nonconsensual form of sex. Authorities brought 17 
cases involving rape or related charges to the court. Of these, 15 
resulted in convictions, with the remaining two cases still pending at 
year's end.
    Women's rights monitors noted that violence against women remained 
a serious problem. The law prohibits domestic violence and provides for 
penalties at the discretion of the presiding judge based on the 
severity of the offense. Police and judicial authorities usually acted 
promptly in cases of domestic violence. Sentences for assault against a 
spouse vary according to the severity of the incident. A shelter 
accommodating approximately 20 battered and abused women and their 
children operated in the northern part of the country, staffed by 
medical and psychological counseling personnel. The Government 
established and publicized an anonymous hot line for victims to get 
help and for persons to report cases of abuse. The hot line received an 
average of two calls per week, while an office line in the ministry 
received approximately 12 calls per week that met hot line criteria. 
Lack of familiarity with what a hot line is may explain why persons 
called the office line.
    Prostitution is illegal but existed.
    The law prohibits sexual harassment, but there are no criminal 
penalties for it. It is the responsibility of the complainant to bring 
a civil suit against an alleged harasser.
    Women generally enjoyed the same rights as men, and there was no 
evidence of official discrimination in health care, employment, or 
education; however, women frequently earned less than men performing 
the same work. Television and radio public service announcements 
continued to combat spousal abuse and raise women's awareness of their 
rights.

    Children.--The Government was committed to children's rights and 
welfare. The Social Welfare Division within the Ministry of Housing, 
Social Services, and Cooperatives provided probationary and 
rehabilitative services to youths, day-care services and social work 
programs to families, assistance to families wishing to adopt or 
provide foster care to children, and financial assistance to the six 
children's homes run by private organizations.
    The new government put into effect a free school book program for 
all primary school children as well as free mathematics, English 
language, science, and information technology books for secondary 
school students. A number of local NGOs and the Government provided 
scholarships to needy families to pay for books, uniforms, and 
transport.
    Government social service agencies reported 16 physical abuse and 
29 sexual abuse cases during the year, substantially higher than in 
2007. Abused children were placed either in a government run home or in 
private foster homes. The law stipulates penalties ranging from five to 
15 years' imprisonment for those convicted of child abuse and disallows 
the victim's alleged ``consent'' as a defense in cases of incest. The 
Government used television and radio spots to raise awareness within 
the population about child abuse and incest.

    Trafficking in Persons.--The constitution and law do not prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked to, from, or within the country. In theory trafficking 
cases could be prosecuted under other laws, such as those prohibiting 
forced prostitution, pimping, sexual abuse, and abuse of a minor.
    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 do not protect 
job seekers with disabilities from discrimination in employment. The 
law does not mandate access to public buildings or services. The 
Government provided for special education in its school system; 
however, most parents chose to send their children to three special 
education schools operating in the country. Persons with disabilities 
had full access to the health care system and other public services. 
The Government and NGOs continued to provide training and work 
opportunities for such persons. The Ministry of Social Services 
includes an office responsible for looking after persons with 
disabilities, as well as the Council for the Disabled, which reviews 
disability-related issues.

    National/Racial/Ethnic Minorities.--The ancestors of many citizens 
came to the country from India as indentured servants, many of whom 
found themselves in slave-like conditions. Descendants of this 
population make up approximately 8 percent of the population, but their 
history is not taught in the schools. Some complained about 
discrimination based on their origins, although most have intermarried 
with persons of European or African descent.
    Other Social Abuses and Discrimination
    The law criminalizes consensual homosexual relations, providing 
penalties of up to 10 years' imprisonment. Society generally was 
intolerant of homosexuality, and many churches condemned it.
    There was no perceptible discrimination against those with HIV/
AIDS, in part because the disease was widespread in the general 
population, including women infected by partners engaging in sex with 
men and boys, and partly because of societal pressures to keep one's 
status quiet. The Government encouraged citizens to be tested and to 
get treatment. An NGO, GRENCHAP, provided counseling to those affected 
by HIV/AIDS. A local business organization urged local companies to 
educate themselves and their workers about HIV/AIDS in the workplace 
and not to discriminate against employees with the disease.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law allow 
workers to form and join independent labor unions. Labor ministry 
officials estimated that 56 percent of the work force was unionized. 
All major unions belong to one umbrella labor federation, the Grenada 
Trades Union Council, which was subsidized by the Government.
    The law does not oblige employers to recognize a union formed by 
their employees if the majority of the work force does not belong to 
the union; however, they generally did so in practice.
    The law provides workers with the right to strike, and workers 
exercised this right in practice. The Technical and Allied Workers 
Union at different times during the year brought a number of the groups 
it represented out on brief strikes. All the cases were resolved.

    b. The Right to Organize and Bargain Collectively.--Workers 
exercised the legal right to organize and to participate in collective 
bargaining. The law requires employers to recognize a union that 
represents the majority of workers in a particular business.
    The law prohibits antiunion discrimination, and employers can be 
forced to rehire employees if a court finds they were discharged 
illegally.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although child labor is illegal, children sometimes worked in the 
agricultural sector on family farms. The statutory minimum age for 
employment of children is 18 years. Inspectors from the Ministry of 
Labor enforced this provision in the formal sector through periodic 
checks, but enforcement in the informal sector remained a problem.

    e. Acceptable Conditions of Work.--The Ministry of Labor last 
updated minimum wages in 2002, but late in the year a tripartite 
committee reviewed wage levels and was expected to set a new minimum 
wage early in 2009. The process was transparent and involved site 
visits to examine 14 categories of employees. Minimum wages were in 
effect since 2002 for various categories of workers; for example, 
agricultural workers were classified into male and female workers. 
Rates for men were EC$5.00 ($1.85) per hour, and for women EC$4.75 
($1.75) per hour; however, if a female worker performed the same task 
as a man, her rate of pay was the same. The minimum wage for domestic 
workers was set at EC$400 ($148) monthly. The national minimum wage did 
not provide a decent standard of living for a worker and family. During 
the year approximately 30 percent of the population earned less than 
the official poverty line, which was drawn at EC$599 ($222) per month. 
The Government effectively enforced minimum wages.
    The law provides for a 40 hour maximum workweek. The law does not 
stipulate rest periods, although no one can be asked to work for longer 
than five hours consecutively without a one-hour meal break. In 
addition, domestic employees may not, by law, be asked to work longer 
than a 10-hour period without at least two hours of breaks for meals 
and rest periods. Union-negotiated contracts often mandated rest 
breaks. The law requires a premium for work above the standard workweek 
and prohibits excessive or compulsory overtime.
    The Government sets health and safety standards, but the 
authorities enforced them inconsistently. Workers have the right to 
remove themselves from dangerous workplace situations without jeopardy 
to continued employment.

                               __________

                               GUATEMALA

    Guatemala is a democratic, multiparty republic with a population of 
approximately 13.7 million. In November 2007 national elections, 
generally considered by international observers to be free and fair, 
Alvaro Colom of the National Unity of Hope (UNE) party won a four-year 
presidential term, which began on January 14. While civilian 
authorities generally maintained control of the security forces, there 
were instances in which members of the security forces committed 
illegal acts, including human rights abuses.
    Although the Government generally respected the human rights of its 
citizens, serious problems remained. Human rights and societal problems 
included the Government's failure to investigate and punish unlawful 
killings committed by members of the security forces; widespread 
societal violence, including numerous killings; corruption and 
substantial inadequacies in the police and judicial sectors; police 
involvement in kidnappings; impunity for criminal activity; harsh and 
dangerous prison conditions; arbitrary arrest and detention; failure of 
the judicial system to ensure full and timely investigations and fair 
trials; failure to protect judicial sector officials, witnesses, and 
civil society representatives from intimidation; threats and 
intimidation against and killings of journalists and trade unionists; 
discrimination and violence against women; trafficking in persons; 
discrimination against indigenous communities; discrimination and 
violence against gay, lesbian, transvestite, and transgender persons; 
and ineffective enforcement of labor laws and child labor provisions.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Although there were 
no reports that the Government or its agents committed any politically 
motivated killings, members of the police force committed unlawful 
killings. Corruption, intimidation, and ineffectiveness within the 
police and other institutions prevented adequate investigation of many 
such killings, as well as the arrest and successful prosecution of 
perpetrators.
    At year's end the National Civilian Police (PNC) and its Office of 
Professional Responsibility (ORP) reported that they had investigated 
32 accusations of killings involving PNC personnel and had investigated 
a total of 185 agents. The investigations determined that PNC personnel 
were responsible for the deaths in 18 of the 32 cases, and 14 cases 
remained under investigation.
    On September 30, the Fourth Sentencing Court sentenced police agent 
Jose Corado to 25 years in prison for the February 7 extrajudicial 
killing of bus assistant Jose Angel Hernandez, who was participating in 
a demonstration to protest violence against bus drivers. On February 
11, the PNC arrested and charged two other police agents for their 
involvement in the crime; at year's end they remained in custody.
    On April 7, unidentified gunmen in Guatemala City killed Victor 
Rivera, former advisor to the minister of government and former head of 
the PNC antikidnapping unit, who was reportedly involved in 
investigating a number of high-profile cases. A Public Ministry 
investigation was pending at year's end.
    On July 21, the PNC arrested and charged Criminal Investigation 
Division (DINC) detectives Victor Manuel Alvarado, Nicolas Camaja Bach, 
and Carlos Leonel Costop Gonzalez with the June 29 extrajudicial 
killings of the adult son and former husband of Edilma Navarijo, mayor 
of Ocos, San Marcos. Two other DINC agents were identified as suspects 
in the case but had not been arrested by year's end.
    At year's end the nine PNC officers arrested as suspects in the 
alleged January 2007 extrajudicial killing of Antonio de Leon Lopez in 
Huehuetenango during an antinarcotics operation remained in custody, 
while a tenth officer remained at large.
    On January 3, police arrested Carlos Alberto Gutierrez (``Montana 
3''), assistant to former Jutiapa mayor Manuel Castillo, for his 
alleged involvement as one of the masterminds of the February 2007 
killings of three Salvadoran Central American Parliament (PARLACEN) 
representatives and their driver. Gutierrez remained in custody at 
year's end. On August 29, the PNC arrested Manuel Castillo, a fugitive 
for more than seven months, for his alleged involvement in the PARLACEN 
killings. At year's end Castillo remained in custody and faced seven 
charges, including murder.
    At year's end the director and deputy director of El Boqueron 
Prison, as well as several police officers with alleged ties to 
narcotics trafficking in Jutiapa, remained in custody in connection 
with the killing of four PNC suspects in the PARLACEN case.
    On November 19, the First Sentencing Court sentenced PNC chief 
Dionisio Balam and PNC officers Wilson Tobar Valenzuela and Sabino 
Ramos Ramirez to 30 years each in prison for the September 2007 
extrajudicial killings of five alleged gang members in Guatemala City.
    There were no new developments regarding investigation of the 2006 
shootings, one fatal, of five transvestites in Guatemala City.
    On May 28, a court convicted and sentenced five former Civil 
Defense Patrol (PAC) members to 780 years each in prison for the 1982 
killings of 177 civilians in Rio Negro, Baja Verapaz. The court ordered 
the defendants to pay 100,000 quetzales ($12,937) to the families of 
the 26 identified victims. It also ordered the capture of former army 
captain Jose Antonio Solares Gonzalez, who remained at large despite a 
1999 court order for his arrest, and former PAC members Ambrosio Perez 
Laju and Domingo Chen. At year's end all three remained at large.
    Societal violence was rampant. Nonstate actors, with links to 
organized crime, narcotics trafficking, gangs, private security 
companies, and alleged ``clandestine'' or ``social cleansing'' groups, 
committed hundreds of killings during the year.
    Killings and extortion of public bus drivers, assistants, and 
owners continued unabated, forcing some to move out of their homes or 
even to flee the country. As of December, according to the Guatemalan 
Association of Urban Bus Companies, 63 bus drivers had been killed in 
Guatemala City, and as of mid-October 255 bus drivers and assistants 
nationwide reportedly had been killed.
    The nongovernmental organization (NGO) Human Rights Defenders 
Protection Unit (UPDDDH) reported that at year's end there were 221 
threats and other acts of intimidation against human rights defenders, 
including 12 killings. Reports also suggested that former or current 
members of the police were involved in some of the attacks and other 
abuses. Killings of all types, including those with evidence of sexual 
assault, torture, and mutilation of women, continued to occur. The NGO 
Grupo Guatemalteco de Mujeres reported that from January to December, 
722 women were killed. At year's end the PNC reported a total of 6,292 
killings, including 687 killings of women, compared with 5,781 total 
killings, including 559 women, in 2007.
    The Mutual Support Group (GAM) reported that at year's end there 
were 105 killings of children nationwide.
    GAM also reported that at year's end 138 lynchings had taken place, 
19 of which resulted in death. Many observers attributed the lynchings 
to continued public frustration with the failure of police and judicial 
authorities to guarantee security. Among the victims were municipal 
government employees and police officials who had taken unpopular 
actions in either enforcing or failing to enforce the law. There were 
also reports of community lynchings of individuals suspected of rape, 
kidnapping, or attempting to kidnap children to sell for adoption.
    On January 20, a vigilante group in San Juan Sacatepequez shot and 
killed a 17-year-old whom they suspected of being a gang member. The 
group also killed the minor's brother and father who attempted to 
intercede.
    On September 16, community members of San Pedro Yepocapa in 
Chimaltenango lynched a 22-year-old man accused of assaulting and 
robbing passengers on a public bus and raping four women. At year's end 
there was no investigation into the lynching and no suspects had been 
identified.
    On June 7, the Chiquimula Sentencing Court sentenced Ingrid 
Martinez and Jesus Recinos to 50 years each in prison for kidnapping 
and killing nine-year-old Alba Mishel Espana Diaz in June 2007. Shortly 
after the disappearance of Espana Diaz, mobs lynched a woman suspected 
of kidnapping the girl. In 2007 a mob had lynched another woman whom 
they had suspected of kidnapping another child.

    b. Disappearance.--Although there were no reports of politically 
motivated disappearances, there were reports of police involvement in 
kidnappings for ransom. The ORP reported that at year's end there were 
nine complaints of kidnapping by PNC personnel.
    There were no developments in the January 2007 disappearance of 
security guard Marcos de Jesus Garcia Sarmiento from the alleged hiding 
place of former fugitive Gustavo Herrera.
    There were no known developments in the Public Ministry's 
investigation of the February 2007 kidnapping of Marco Tulio Moreno 
Ramirez, who was reportedly kidnapped by four armed men wearing PNC-
type uniforms.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and the law prohibit such 
practices, there were credible reports of torture, abuse, and other 
mistreatment by PNC members. Complaints typically related to the use of 
excessive force during police operations.
    On November 28, the Tenth Penal Court opened a trial against PNC 
chief Elias Lemus Guerra, deputy inspector Jose Lopez Hernandez, and 
agents Jorge Garcia Ortiz and Dennis Gueiry Godinez for the April 9 
illegal detention of Eleazar Rodas. The PNC officials allegedly 
threatened Rodas with false drug charges if he did not give the 
officials 10,000 quetzales ($1,294) that he had in his possession at 
the time of his detention. The officials were also charged with theft 
and abuse of authority and remained in custody at year's end.
    According to press accounts, in an attempt to gather information 
about a protest, police detained and beat two bus assistants who had 
participated in a February 7 demonstration on violence against bus 
drivers and assistants.
    At year's end there were no known developments in the Public 
Ministry's investigation of the alleged beatings in 2006 of three 
homeless children by soldiers assigned to the Military Police Brigade.
    On April 16, a court in Quiche sentenced PNC officer Antonio 
Rutilio Matias Lopez to 20 years in prison for the 2005 aggravated rape 
of Juana Mendez, who was in police custody.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and dangerous. The prison system continued to suffer from a 
severe lack of resources, particularly in the areas of prison security 
and medical services and facilities. Prisoners complained of inadequate 
food and medical care. Corruption, especially related to illegal drug 
sales and use, was widespread. Prison officials reported frequent 
escape attempts, gang fights, and other manifestations of prisoner 
unrest. Prisoners frequently used cellular telephones to demand 
extortion payments and to direct other criminal activity both inside 
and outside the prison. Several prisons installed equipment to block 
such calls, but by year's end the final installation for equipment 
activation had not been completed.
    Prison overcrowding continued to be a problem. The prison system 
registry reported that at year's end 8,242 persons were held in 19 
prisons and jails designed to hold 6,974 persons. Approximately 45 
percent of the national penitentiary system population was in pretrial 
detention.
    Inadequate security measures undermined the penitentiary system's 
ability to effectively control prisoners. According to prison 
officials, there were 1,200 prison guards nationwide. Prisoners with 
access to cellular telephones reportedly coordinated a significant 
number of the country's kidnappings and some of the killings of bus 
drivers and assistants. Sixteen percent of prisoners reportedly 
belonged to gangs, which were active in prisons and occasionally 
attacked prison guards. Prison work and educational programs were 
inadequate to rehabilitate prisoners and decrease the 90 percent 
recidivism rate.
    The media and NGOs reported that physical and sexual abuse of women 
and juvenile inmates was a serious problem. Many of the abused juvenile 
inmates were suspected gang members.
    On May 1, gang-member inmates killed Jorge Augusto Mendoza, deputy 
director of the Preventive Detention Center in Chimaltenango. Prisoners 
reportedly rioted after prison officials detained two women who 
attempted to bring marijuana into the prison for members of the M-18 
Gang.
    On June 13, gang-member inmates killed two fellow inmates and 
injured four others during a fight at the Quetzaltenango Preventive 
Detention Center for men. During the three-hour confrontation, gang-
member inmates held 28 non-gang-member inmates hostage and threatened 
them with guns and grenades.
    On November 22, armed non-gang-member inmates at Pavoncito 
Preventive Detention Center killed and then decapitated and burned the 
bodies of five gang-member inmates to protest the transfer of the gang 
members from El Boqueron prison. Two additional inmates died during the 
confrontation. An estimated 100 PNC antiriot agents reportedly took 
four hours to retake control of the prison and remove the bodies.
    There were no known developments in the investigation of the March 
2007 killing of prisoner Jose de la Cruz Lara Diaz and injuring of 
prisoner Carlos Arturo Escaray by inmates at Pavoncito Prison.
    At year's end the Public Ministry continued investigating the 
October 2007 case of prison guard Irma Barrientos, who allegedly 
prostituted female prisoners in the jail for women in Jalapa and 
extorted a 30 percent commission on money sent to prisoners by their 
relatives.
    At year's end prison authorities had taken no action against prison 
guards allegedly involved in the 2006 killing of four juvenile inmates 
and injuring of five other rival gang-member inmates during a riot at 
San Jose Pinula Juvenile Detention Center.
    On rare occasions male and female detainees in immigration 
facilities were held together. Pretrial detainees sometimes were held 
in the same prison blocks with the general prison population.
    The Government permitted prison monitoring visits by local and 
international human rights groups, the Organization of American States, 
public defenders, religious groups, and family members, and such visits 
took place throughout the year.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention, but there were credible 
reports of arrests without judicial warrants, illegal detentions, and 
failure to adhere to prescribed time limits in legal proceedings. In 
practice arresting officers sometimes failed to bring suspects before 
magistrates within the legally mandated six-hour timeframe, and 
magistrates sometimes failed to hold a hearing within the legally 
mandated 24-hour timeframe.

    Role of the Police and Security Apparatus.--The 19,671 member PNC, 
headed by a director appointed by the minister of government, remained 
understaffed, inadequately trained, and insufficiently funded. At 
year's end the PNC reported 78 deaths of PNC personnel, 22 in the line 
of duty.
    While no active members of the military served in the police 
command structure, the Government continued to employ the military to 
support police units in response to rising crime. Joint police and 
military operations under operational control of the PNC continued in 
high-crime areas of Guatemala City, as well as in other regions of the 
country.
    Police corruption remained a serious problem, and there were 
credible allegations of involvement by individual police officers and 
some police units in criminal activity, including rapes, killings, and 
kidnappings. Police and immigration officials reportedly extorted and 
mistreated persons attempting to enter the country illegally.
    Police impunity remained a serious problem. The PNC routinely 
transferred officers suspected of wrongdoing rather than investigating 
and punishing them.
    There were credible reports that PNC officers or persons disguised 
as police officers stopped cars and buses to demand bribes or steal 
private property. In some cases the supposed police officers assaulted 
and raped victims.
    On June 9, the PNC arrested one senior police officer and three 
patrol officers for their alleged involvement in a criminal gang known 
as the ``Crazy Mariachi'' that had engaged in robberies and other 
crimes, including the April 9 illegal detention of Eleazar Rodas, in 
Guatemala City. On November 28, the Tenth Penal Court opened a trial 
against these PNC officials for their alleged involvement in the 
illegal detention. The officials remained in custody at year's end.
    On September 18, the ORP arrested two PNC deputy commissioners for 
their alleged involvement in a criminal group operating in an affluent 
sector of Guatemala City. At year's end 12 other police officers were 
under investigation by the Public Ministry for possible involvement 
with this group.
    Police threatened persons engaged in prostitution and other 
commercial sexual activities with false drug charges to extort money or 
sexual favors and harassed homosexuals and transvestites with similar 
threats of false charges. Critics accused the police of indiscriminate 
and illegal detentions when conducting antigang operations in some 
high-crime neighborhoods. Security officials allegedly arrested and 
imprisoned without charges, or sometimes using false drug charges, 
suspected gang members.
    The ORP conducted internal investigations of misconduct by police 
officers. At year's end the ORP reported receiving 1,510 complaints, 
which included 12 complaints of killings, seven forced disappearances, 
nine kidnappings, eight illegal detentions, 119 thefts, seven rapes, 
150 threats, and 183 cases of abuse of authority.
    Although the ORP forwarded to the Public Ministry for further 
investigation and prosecution cases with sufficient evidence of 
criminal activity, few such cases went to trial. At year's end the ORP 
had investigated 185 police officers. The PNC did not provide 
statistics on the resolution of these cases, some of which were 
ongoing.
    The PNC trained 2,810 cadets in human rights and professional 
ethics, compared with 2,635 in 2007. The army required civil affairs 
officers at each command to plan and document human rights training 
provided to soldiers. At year's end 1,035 military officers and 
soldiers had received human rights training.
    Approximately two-thirds of police districts remained understaffed. 
Indigenous rights advocates asserted that security authorities' 
continuing lack of sensitivity to indigenous cultural norms and 
practices engendered misunderstandings and that few indigenous police 
officers worked in their own ethnic or linguistic communities.

    Arrest and Detention.--The constitution and the law require that a 
court-issued arrest warrant be presented to a suspect prior to arrest 
unless the suspect is caught in the act of committing a crime. Police 
may not detain a suspect for more than six hours without bringing the 
case before a judge. Detainees often were not promptly informed of the 
charges filed against them. Once a suspect has been arraigned, the 
prosecutor generally has three months to complete the investigation and 
file the case in court or seek a formal extension of the detention 
period. The law provides for access to lawyers and bail for most 
crimes. The Government provided legal representation for indigent 
detainees, and detainees had access to family members.
    At year's end the ORP had received eight accusations of illegal 
detention. There were no reliable data on the number of arbitrary 
detentions, although most accounts indicated that police forces 
routinely ignored writs of habeas corpus in cases of illegal detention, 
particularly during neighborhood antigang operations.
    In high-crime areas of Guatemala City, Mixco, and Villa Nueva, the 
Government operated three 24-hour court pilot projects that 
significantly reduced the number of cases dismissed for lack of merit 
or on technical grounds and increased the prosecution rate in the 
Guatemala City metropolitan area. These projects enhanced the 
Government's ability to comply with legal requirements to bring 
suspects before a judge within six hours of initial detention.
    Although the law establishes a three-month limit for pretrial 
detention, prisoners often were detained past their legal trial or 
release dates. Some prisoners were not released in a timely fashion 
after completing their full sentences due to the failure of judges to 
issue the necessary court order or due to other bureaucratic problems. 
A judge has the discretion to determine whether bail is necessary or 
permissible for pretrial detainees depending on the circumstances of 
the charges.

    e. Denial of Fair Public Trial.--While the constitution and the law 
provide for an independent judiciary, the judicial system often failed 
to provide fair or timely trials due to inefficiency, corruption, 
insufficient personnel and funds, and intimidation of judges, 
prosecutors, and witnesses. Most serious crimes were not investigated 
or punished. According to credible estimates, less than 3 percent of 
reported crimes were prosecuted, and fewer resulted in convictions. The 
UN-led International Commission Against Impunity in Guatemala (CICIG) 
estimated that perpetrators of homicides were convicted in only 7 
percent of cases. Many high-profile criminal cases remained pending in 
the courts for long periods as defense attorneys employed successive 
appeals and motions.
    There were numerous reports of corruption, ineffectiveness, and 
manipulation of the judiciary. Judges, prosecutors, plaintiffs, and 
witnesses also continued to report threats, intimidation, and 
surveillance. The special prosecutor for crimes against judicial 
workers received 129 cases of threats or aggression against workers in 
the judicial branch, compared with 125 in 2007.
    As of October the Ministry of Government had assigned 30 police 
officers to CICIG to augment security, and the Public Ministry created 
a new CICIG-vetted unit of prosecutors working under the direct 
supervision of a senior CICIG prosecutor. At year's end CICIG continued 
its investigation of 15 high-profile cases, two prosecutions, and 
various cases involving killing of women, killings of bus drivers and 
assistants, trafficking in persons, and attacks against and killings of 
unionists and human rights defenders.
    Judge Eduardo Cojulum of the Eleventh Court of First Instance 
reportedly received death threats throughout the year for his 
assistance in the Spanish national court case brought by Rigoberta 
Menchu, in collaboration with NGOs, against five retired military 
officers and two civilians for alleged human rights violations 
committed during the internal conflict.
    On March 11, unknown assailants shot and killed Ingrid Judith 
Borrayo, a clerk in the Homicide Division of the Public Ministry, on a 
street near her office in Guatemala City. Hugo Rolando Toj, a PNC 
officer assigned to the Human Rights Division of the Ministry of 
Government, was also shot while walking with Borrayo and died days 
later in a hospital.
    On May 8, two unidentified gunmen shot and killed Judge Jose Vidal 
Barillas Monzon, president of the Appeals Court of Retalhuleu, as he 
was driving near his residence. Judge Barillas had presided over cases 
involving organized crime, drug trafficking, and land disputes.
    On July 14, unknown assailants shot and killed assistant homicide 
prosecutor Juan Carlos Martinez. Martinez was the chief prosecutor in 
the PARLACEN and Victor Rivera homicide cases.
    There were credible reports of killings of witnesses. There were no 
known developments in the February 2007 killing of Dalia Evangelina 
Garcia Illescas, a witness in the murder trial of PNC officer Jorge 
Macario Mazariegos.
    The Supreme Court of Justice continued to seek the suspension of 
judges and to conduct criminal investigations for improprieties or 
irregularities in cases under its jurisdiction. The Judicial 
Disciplinary Unit investigated 914 complaints of wrongdoing and held 
hearings for 398 complaints through October. The Supreme Court did not 
provide statistics on the resolution of these cases.
    Prosecutors remained susceptible to intimidation and corruption and 
were often ineffective.
    The judiciary consisted of the Supreme Court of Justice, appellate 
courts, trial courts, and probable-cause judges (with a function 
similar to that of a grand jury), as well as courts of special 
jurisdiction, including labor courts and family courts. There were 379 
justices of the peace located throughout the country. Some of the 
justices specialized in administering traditional and indigenous law in 
community courts, which were under the jurisdiction of the Supreme 
Court of Justice. The Constitutional Court, which reviews legislation 
and court decisions for compatibility with the constitution, is 
independent of the rest of the judiciary.
    At year's end the Public Ministry had 249 persons in its witness 
protection program. There were no new developments in the 2006 case in 
which a witness under police protection was killed at her home in 
Palencia.

    Trial Procedures.--The constitution provides for the right to a 
fair public trial, the presumption of innocence, the right to be 
present at trial, and the right to counsel. The law provides for plea 
bargaining, the possibility of release on bail, and the right to an 
appeal. Three-judge panels render verdicts. The law provides for oral 
trials and mandates language interpretation for those needing it, in 
particular the large number of indigenous persons who are not fluent in 
Spanish. Inadequate government funding limited the effective 
application of this legal requirement. The Public Ministry utilized 18 
interpreters nationwide, including in former conflict areas of the 
country, and the Office of the Public Defender employed 15 bilingual 
public defenders in locations where they could serve as translators in 
addition to defending clients.
    The Public Ministry, semi-independent of the executive branch, may 
initiate criminal proceedings on its own or in response to a complaint. 
Private parties may participate in the prosecution of criminal cases as 
plaintiffs. Lengthy investigations and frequent procedural motions used 
by both defense and prosecution often led to excessively long pretrial 
detention, frequently delaying trials for months or years.

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

    Civil Judicial Procedures and Remedies.--The law does not provide 
for jury trials in civil matters. The law provides for administrative 
and judicial remedies for alleged wrongs, including the enforcement of 
domestic court orders, but there were problems in enforcing such 
orders; some killings resulted from PNC failure to promptly enforce 
restraining orders.

    Property Restitution.--On November 20, the president signed an 
agreement with leaders of the group of families that lost relatives 
during the Rio Negro massacres in the early 1980s, known as the 
Coordinator of the Communities Affected by the Construction of the 
Chixoy Dam. In the agreement the Government acknowledged ``damages and 
violations'' and accepted responsibility to provide reparations to 
families of the victims.

    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.
    On September 4, former chief of presidential security Carlos 
Quintanilla and former head of the Secretariat of Strategic Analysis 
(SAE) Gustavo Solano resigned from their posts following the alleged 
discovery of listening devices in the offices of the president and 
first lady. Two days later both men were indicted on charges of 
espionage and became fugitives. Quintanilla voluntarily surrendered to 
court officials on December 22 and at year's end was under preventive 
house arrest awaiting trial.
    On November 18, unknown individuals broke into the home of Ruth del 
Valle, the presidential human rights commissioner. Del Valle denounced 
this invasion as a targeted attack in response to her human rights 
work. At year's end there were no new developments in the case.
    At year's end there were no developments in the February 2007 
break-in of the offices of the NGOs Human Rights Defenders Protection 
Unit, National Movement for Human Rights, and Association of 
Communication for Art and Peace.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and the law 
provide for freedom of speech and press, and the Government generally 
respected these rights in practice.
    Although the independent media, including international media, 
operated freely, were active and expressed a wide variety of views 
without government restriction, there were reports that unknown actors 
frequently threatened and intimidated members of the media. At year's 
end the Special Prosecutor's Unit for Crimes Against Journalists and 
Unionists had received 35 complaints of attacks and other acts of 
intimidation against journalists, particularly in the provinces and 
including aggression by the PNC and the Transit Police. The Public 
Ministry reported 10 incidents of intimidation of journalists, compared 
with 11 during 2007. A September 10 report by the UN Development 
Program categorized the country as a ``country of risk'' for 
journalists, based on violence against the media and violations of 
freedom of expression.
    In September Congress passed a law providing for a 66 percent 
reduction on import taxes on materials used by public television 
networks, a measure that reportedly exclusively benefitted businessman 
Angel Gonzalez, a Mexican national who has lived abroad for numerous 
years and who owns four frequencies to broadcast in the national open 
access television network. Congress subsequently passed a second 
measure, the Law of Televised Frequencies, which prohibits the two 
national open access frequencies not owned by Gonzalez from selling 
publicity to cover its expenses. Journalist Gustavo Berganza denounced 
both measures in opinion columns and claimed that Congress passed the 
measures in return for favorable coverage on Gonzalez's open access 
networks for the members of congress and political parties that 
supported the measures. Television channels owned by Gonzalez began 
broadcasting negative news reports on Berganza in what some civil 
society members called a slander campaign.
    On May 10, an unknown assailant shot and killed Prensa Libre 
correspondent Jorge Merida Perez in his home in Coatepeque, 
Quetzaltenango. Merida had reported on corruption in the municipality 
of Coatepeque and the mayor's alleged connection to drug trafficking.
    On July 18, Prensa Libre news correspondent Danilo Lopez reportedly 
received a death threat from the former governor of Suchitepequez, 
Leonor Toledo. Lopez had reported on corruption in the governor's 
office.
    On July 27, unknown assailants fired shots into the home of Edin 
Rodelmiro Maaz Bol, news correspondent for Radio Punto in Coban.
    There were no known developments, and none were expected, in the 
February 2007 case of the attempted killing of Nuestro Diario 
correspondent Wilder Jordan or in the investigation of the March 2007 
anonymous death threats against the staff of Guatevision and their 
family members for Guatevision's coverage of the PARLACEN killings.
    The Public Ministry reported that it had no further information 
regarding the 2006 wounding by gunshot of radio journalist Vinicio 
Aguilar.

    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. The 
International Telecommunication Union reported that in 2007 
approximately 10 percent of the population accessed 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 the law provide for freedom of 
assembly, and the Government generally respected these rights in 
practice, there were some allegations of unnecessary use of force or of 
inaction by the police during violent demonstrations. During the year, 
on three different occasions, the Government declared a state of 
prevention, which suspended freedom of assembly, the right to protest, 
and the right to bear arms in limited areas of the country: in May to 
restore order after truck drivers blocked highways in protest over 
restrictions on the hours when heavy trucks can enter Guatemala City; 
in June to end violent protests against the construction of a new 
cement factory in San Juan Sacatepequez; and in October to restore 
order when street vendors in Coatepeque violently protested police 
attempts to evict them from their informal market.

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

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    On August 1, the Immigration Service again denied entry to Puerto 
Rican Jose Luis de Jesus Miranda, who claimed to be the Antichrist and 
planned to participate in a conference. Miranda's church was registered 
and recognized by the Government and continued operating in Guatemala 
City.

    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 2,000 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 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.
    The law prohibits forced exile, and the Government did not use 
exile in practice.

    Protection of Refugees.--The constitution and the 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. 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 received 20 requests for refugee 
status but did not accord temporary protection, asylum, or refugee 
status to anyone.
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 nearly universal suffrage for those 18 years of age and older. 
Members of the armed forces and police are not permitted to vote.

    Elections and Political Participation.--In November 2007 Alvaro 
Colom of the UNE party won a four-year term as president with 
approximately 53 percent of the vote. The Organization of American 
States' international observation mission characterized the elections 
as generally free and fair. Amnesty International reported an estimated 
26 killings of political activists in the context of the election.
    There were 20 women in the 158-seat Congress, two women on the 
Supreme Court of Justice, one woman on the Constitutional Court, and 
197 women serving as judges. There was one woman in the 12-member 
cabinet. Six of the country's 332 mayors were women.
    There was one indigenous cabinet member, one indigenous supreme 
court judge, 113 indigenous mayors, and approximately 20 indigenous 
members in Congress. On August 18, a prominent indigenous leader became 
head of the new Human Rights Office in the Ministry of Foreign Affairs.

    Government Corruption and Transparency.--Government corruption was 
widely perceived to be a serious problem, with public surveys noting a 
lack of confidence in almost all government institutions, including 
those in the legislative and judicial branches. The World Bank's 
Worldwide Governance Indicators reflected that government corruption 
was a very serious problem. The Public Ministry continued to 
investigate corruption charges against former president Alfonso 
Portillo, former vice president Reyes Lopez, and other senior members 
of previous governments.
    On August 6, President of Congress Eduardo Meyer of the governing 
UNE party resigned from office after acknowledging on June 9 that his 
private secretary, Byron Sanchez, had illegally transferred 82.8 
million quetzales ($11 million) of public funds to a private investment 
house, Mercado de Futuros (MDF). The Supreme Court stripped Meyer of 
his congressional immunity on October 22. Raul Giron, MDF's general 
manager and legal representative, fled after failing to meet a July 31 
deadline to return the money. Giron voluntarily surrendered to court 
officials on August 22, and at year's end remained in a preventive 
detention center awaiting trial on charges of money laundering and 
fraud. The Public Ministry issued arrest warrants for Sanchez and 
former congressional chief financial officer Jose Conde, both of whom 
remained at large at year's end. Congressman and former president of 
congress Ruben Dario Morales allegedly received a 300,000-quetzal 
($39,000) commission from MDF in 2007 for investing congressional funds 
there. At year's end Meyer, under a court order, was restricted in his 
movements to Guatemala City. Meyer faced charges of embezzlement, 
mismanagement of public funds, and fraud and awaited a court date for 
trial.
    On September 17, police found and arrested former congressman 
Hector Loaiza Gramajo, who had been in hiding since January 15 when he 
was stripped of his parliamentary immunity at the end of his term in 
office. Loaiza faced five charges, including money laundering, fraud, 
and tax evasion, for his alleged involvement in the theft of gasoline 
trucks in 2006.
    On October 7, after more than four years of evading justice, 
Mexican authorities extradited former president Portillo (2000-04) to 
Guatemala to face corruption charges. Portillo had fled to Mexico in 
2004 after being charged in several cases of official corruption. 
Within a few hours of his return to Guatemala, Portillo was released on 
bail of one million quetzales ($129,366) on condition that he report to 
the court once a month and not leave the country.
    Public officials who earn more than 8,000 quetzales ($1,035) per 
month or who manage public funds are subject to financial disclosure 
laws. The Controller General's Office is responsible for oversight and 
enforcement of these laws. Lack of political will and rampant impunity 
facilitated government corruption.
    The constitution provides for the right of citizens to access 
public information. On September 23, Congress passed the Free Access to 
Public Information Law, which regulates the provision of and 
facilitates access to information held by public institutions. The law 
covers all branches of government and requires all public and private 
entities that receive public funds to respond to public requests for 
information on their operations and administration of resources. The 
law also establishes sanctions for officials who obstruct public access 
to 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 generally cooperative and open to their views.
    On March 5, the Constitutional Court unanimously rejected the 
appeal of former president General Efrain Rios Montt and affirmed the 
decision of an appeals court to declassify four military plans executed 
during the early 1980s at the height of the country's 36-year internal 
conflict. At year's end the Ministry of Defense was seeking a 
constitutional opinion on how to implement this decision.
    In a November 26 decision, the Inter-American Court of Human Rights 
(IACHR) held the Government accountable for the 1990 forced 
disappearances of Maria Tiu Tojin and her daughter. The IACHR 
recognized that the Government had complied with some of its 
recommendations, including providing a letter of apology to the 
victims' family, the payment of 2,000,000 quetzales ($259,000) to 
family members, and the construction of a monument in the victims' 
memory. The IACHR found, however, that the Government had not done 
enough to establish the identities of those responsible or to locate 
the victims' remains.
    Many NGOs and human rights workers, as well as a number of trade 
unionists, reported threats or intimidation by unidentified persons, 
many with reputed links to organized crime, private security companies, 
and ``social cleansing'' groups, and complained that the Government did 
little to investigate these reports or to prevent further incidents.
    In a preliminary report following her February visit, the UN 
special representative on human rights defenders expressed concern over 
the level of impunity and institutional weakness the country while 
acknowledging positive measures that provide greater protection to 
human rights defenders, such as the creation of a new analytical unit 
in the Ministry of Government to focus on attacks against human rights 
defenders.
    UPDDDH highlighted the four cases below, among others, as examples 
of violence and intimidation against human rights defenders and urged 
the Government to take action to protect those who work to promote 
human rights. Investigations by the Public Ministry were pending at 
year's end.
    On March 31, an unidentified gunman accosted a member of Bishop 
Alvaro Ramazzini's diocese and conveyed a death threat to the bishop 
through the diocese member. Bishop Ramazzini has supported rural 
communities in conflicts over land use.
    On August 1, unidentified masked gunmen threatened to kill 
indigenous leader Amilcar Pop, president of the Guatemalan Association 
of Mayan Lawyers.
    On August 7, unidentified assailants in Colotenango, Huehuetenango, 
shot and killed indigenous community leader Antonio Morales Lopez. 
Morales, a member of the Committee of Peasant Unity, was an activist 
for indigenous rights, in particular defending natural resources and 
opposing mining projects in Huehuetenango. He had received death 
threats from local criminal groups.
    On October 19, a family member of Norma Cruz, director of the 
Survivors Foundation, was abducted in Guatemala City by masked men in a 
vehicle, who drove him around and threatened him with death. They 
released him shortly after near the home of Cruz. An investigation by 
the Public Ministry was pending at year's end.
    On April 24, the Government replaced Secretariat of Security and 
Administrative Affairs (SAAS) security details for private citizens, 
including human rights defenders, with PNC agents from the Division of 
Personal Protection. Human rights defenders receiving such protection 
included representatives of the Myrna Mack Foundation and the 
Guatemalan Forensic Anthropology Foundation (FAFG). During the year 
FAFG staff members and their family members continued to receive death 
threats. FAFG believed these threats were linked to the group's 
forensic exhumation work to identify victims of massacres of the 
internal armed conflict.
    The Office of the Special Prosecutor for Human Rights opened 
several new cases involving anonymous telephone or written threats, 
physical assaults, and surveillance of workplaces, residences, and 
vehicular movements. The majority of such cases remained pending for 
lengthy periods without investigation or languished in the court system 
as defense attorneys filed successive motions and appeals to delay 
trials.
    On June 2, a three-judge panel of the Court of First Instance 
sentenced Erwin Gudiel Arias to 20 years in prison for the August 2007 
killing of Jose Emanuel Mendez Dardon, son of former congressman and 
human rights leader Amilcar Mendez. On October 1, an appeals court 
overturned the conviction and ordered a retrial based on deficiencies 
in the Public Ministry's investigation. At year's end Arias remained in 
custody pending the start of a new trial.
    The resident Office of the UN High Commissioner for Human Rights 
assisted the Government in investigating various matters, including 
threats and other acts of intimidation against human rights advocates, 
land conflicts, and discrimination against indigenous persons. The 
Government cooperated with the office and other international 
organizations, including CICIG, and in September extended the office's 
mandate for another three-year term.
    The human rights ombudsman (PDH), Sergio Morales, whom Congress 
reelected in 2007 to a second five-year term, reports to the Congress 
and monitors the human rights guaranteed by the constitution. The 
ombudsman's rulings do not have the force of law. The PDH operated 
without government or party interference, had adequate resources to 
undertake its duties, and had the Government's cooperation.
    The ombudsman issued reports and recommendations that were made 
public, including its annual report to the Congress on the fulfillment 
of its mandate.
    The President's Commission on Human Rights (COPREDEH), led by Ruth 
del Valle, is charged with formulating and promoting the Government's 
human rights policy, representing the Government on past human rights 
abuse cases before the IACHR, and negotiating amicable settlements in 
cases before the court. COPREDEH took a leading role in coordinating 
police protection for various human rights and labor activists 
throughout the year.
    The Congressional Committee on Human Rights drafts and provides 
advice on legislation regarding human rights matters. By law all 
political parties represented in the Congress are required to have a 
representative on the committee. NGOs reported that they considered the 
committee to be an effective public forum for promoting and protecting 
human rights.
    On August 18, the Ministry of Foreign Affairs created a new office 
to coordinate the country's human rights agenda with national 
institutions, multilateral organizations, and embassies; indigenous 
leader Francisco Cali Tzay headed the office.
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. In practice the 
Government frequently did not enforce these provisions due to 
inadequate resources, corruption, and a dysfunctional judicial system.

    Women.--Sexual offenses remained a serious problem. The law 
criminalizes rape, including spousal rape and aggravated rape, and 
establishes penalties between six and 50 years in prison. On April 9, 
Congress passed the Law Against Femicide and Other Forms of Violence 
Against Women, which establishes penalties for physical, economic, and 
psychological violence committed against women because of their gender. 
Prosecutors from the Special Unit for Crimes against Women noted that 
reports of rapes had decreased by 10.8 percent over the previous year. 
At year's end 37 cases of economic violence and 220 cases of sexual 
abuse and other forms of physical violence were reportedly under 
investigation since passage of the new law.
    Police had minimal training or capacity for investigating sexual 
crimes or assisting victims of sexual crimes. The Government maintained 
the PNC Special Unit for Sex Crimes, the Office of Attention to 
Victims, the Office of the Special Prosecutor for Crimes against Women, 
and a special unit for trafficking in persons and illegal adoptions 
within the Special Prosecutor's Office for Organized Crime. Rape 
victims sometimes did not report the crime for lack of confidence in 
the justice system and fear of reprisals.
    By year's end the prosecutor reported receiving 5,985 complaints of 
sexual crimes. The Government reported 237 convictions of sexual 
offenders. The Public Ministry did not provide data on average 
sentences and years of imprisonment.
    Violence against women, including domestic violence, remained a 
common and serious problem. The law prohibits domestic abuse. On May 
23, the Public Ministry inaugurated the ``Comprehensive Model of 
Attention'' project to coordinate legal, psychological, and medical 
assistance to victims of domestic violence and sexual crimes.
    The law provides for the issuance of restraining orders against 
alleged aggressors and police protection for victims, and it requires 
the PNC to intervene in violent situations in the home. In practice, 
however, the PNC often failed to respond to requests for assistance 
related to domestic violence. Women's groups commented that few 
officers were trained to deal with domestic violence or to assist 
victims.
    The Institute of Public Criminal Defense continued to provide free 
legal, medical, and psychological assistance to victims of domestic 
violence. By year's end the project had attended to 10,506 cases of 
domestic violence.
    According to press reports, the Program for Prevention and 
Eradication of Intrafamily Violence, a government program under the 
First Lady's Secretariat of Social Work, received 250 daily calls from 
battered women and children via its three emergency hotlines. At year's 
end the Public Ministry reported that it received more than 12,269 
complaints of violence against women and children, including domestic 
violence, economic violence, and sexual crimes, and prosecuted 352 
cases, with convictions reached in 283 cases.
    Justices of the peace issued an unspecified number of restraining 
orders against domestic violence aggressors and ordered police 
protection for victims. Full investigation and prosecution of domestic 
violence and rape cases usually took an average of one year. Although 
the law affords protection, including shelter, to victims of domestic 
violence, in practice there were insufficient facilities for this 
purpose.
    The Office of the Ombudsman for Indigenous Women within COPREDEH 
provided social services for victims of domestic or social violence, as 
well as mediation, conflict resolution, and legal services for 
indigenous women. The office also coordinated and promoted action by 
government institutions and NGOs to prevent violence and discrimination 
against indigenous women but lacked human resources and logistical 
capacity to perform its functions on a national level. There were no 
firm statistics available on the number of cases the office handled.
    There were 18 prosecutions of killings of women in Guatemala City 
in 2007. Few prosecutions resulted in convictions. At year's end there 
were no updated figures available for 2008.
    The Ministry of Government continued to operate eight shelters for 
victims of abuse in departments with the greatest incidence of domestic 
violence. The centers provided legal and psychological support and 
temporary accommodation. On November 25, the Guatemalan Institute of 
Public Criminal Defense inaugurated a hotline to assist female victims 
of physical violence.
    Although prostitution is legal, procuring and inducing a person 
into prostitution are crimes that can result in fines or imprisonment, 
with heavier penalties if minors are involved. Trafficking in women and 
minors, primarily for the purpose of prostitution, is illegal and was a 
widely recognized problem.
    The law does not prohibit sexual harassment, and there were no 
accurate estimates of its incidence. Human rights organizations 
reported, however, that sexual harassment was widespread, especially in 
industries in which the workforce was primarily female, such as the 
textile and apparel sectors; it was also a problem in the police force. 
On September 21, a woman was named to head the PNC for the first time 
in the organization's history. While the law establishes the principle 
of gender equality, in practice women faced job discrimination and were 
less likely to hold management positions.
    Women were employed primarily in low-wage jobs in agriculture, 
retail businesses, the service sector, the textile and apparel 
industries, and the Government and were more likely than men to be 
employed in the informal sector, where pay and benefits generally were 
lower. Women may legally own, manage, and inherit property on an equal 
basis with men, including in situations involving divorce.
    The Government's Secretariat for Women's Affairs advised President 
Colom on interagency coordination of policies affecting women and their 
development. The secretariat's activities included seminars, outreach, 
and providing information on discrimination against women.
    A women's shelter, inaugurated in 2007 in Guatemala City for 
victims of violence, continued to operate during the year and had the 
capacity to house 20 victims and their families for six months at a 
time.

    Children.--The Government devoted insufficient resources to ensure 
adequate educational and health services for children.
    The UNHCR reported that there were problems in registering births, 
especially in indigenous communities, due to inadequate government 
registration and documentation systems. Cultural factors, such as the 
need to travel to unfamiliar urban areas and interact with 
nonindigenous male government officials, at times inhibited indigenous 
women from registering themselves and their children. Lack of 
registration sometimes restricted children's access to public services.
    Although the constitution and the law provide for free, compulsory 
education for all children up to the ninth grade, less than half the 
population over the age of 13 had completed primary education. The 
Ministry of Education reported that in 2007, 42 percent of children who 
entered first grade completed sixth grade, and 45 percent of those 
entering seventh grade completed the ninth grade. Completion rates were 
lower in rural and indigenous areas. While the average nonindigenous 
child from seven to 17 years of age had received 4.4 years of 
schooling, indigenous children of the same age range had received an 
average of 3.7 years, according to the National Statistics Institute's 
(INE) 2006 National Survey of Life Conditions (ENCOVI) report.
    Child abuse remained a serious problem. The Special Prosecutor's 
Office for Women, Unit of Adolescent and Child Victims, investigated 
cases of child abuse. It achieved 45 convictions in the 57 child abuse 
cases it opened between January and December. The Social Secretariat 
for the Welfare of Children, with oversight for children's treatment, 
training, special education, and welfare programs, provided shelter and 
assistance to children who were victims of abuse but sometimes placed 
children under its care in shelters with juveniles who had criminal 
records. Due to an overwhelmed and underfunded public welfare system, 
as of the end of September the Government had referred 245 minors to 
the NGO Casa Alianza, out of a total of 430 cases that the organization 
handled. Casa Alianza provided vocational training, social and 
psychological support, and temporary shelter for street children and 
child victims of abuse.
    Authorities investigated and prosecuted numerous cases of abduction 
or purchase of children for purposes of offering them for adoption. For 
example, on October 1, Karen Evelyn Velasquez Garcia and Gloria 
Elizabeth Giron were arrested during police raids in Mixco and 
Guatemala City for their alleged involvement in the sale and purchase 
of minors. Authorities charged that Velasquez was involved in the sale 
of at least three children for adoption through the Internet, including 
a child whom she delivered to Panama.
    Child prostitution remained a problem.
    In collaboration with Casa Alianza, the Government conducted 15 
rescue operations through the end of September, resulting in the rescue 
of 24 sexually exploited minors under age 18. The authorities referred 
the rescued minors for protection and attention to Casa Alianza. The 
Government referred 245 additional cases to Casa Alianza. Through the 
end of September, Casa Alianza had handled 24 cases of sexually 
exploited minors and continued attending to 64 cases from previous 
years. The Secretariat of Social Welfare handled 504 child protection 
cases, including cases of sexually exploited minors. Of the 88 cases 
referred to Casa Alianza, government authorities detained seven alleged 
perpetrators, six of whom were later released pending trial.
    Casa Alianza estimated that there were more than 3,000 street 
children in Guatemala City. Most street children had left home after 
being abused. Casa Alianza reported that increased gang recruitment 
decreased the number of street children in the capital because after 
joining gangs, street children often lived with fellow gang members. 
GAM reported that 105 minors suffered violent deaths nationwide during 
the year. Criminals often recruited street children for purposes of 
stealing, transporting contraband, prostitution, and illegal drug 
activities. Credible estimates put the number of children who were 
members of street gangs at 3,000 nationwide. NGOs dealing with gangs 
and other youth reported concerns that street youth detained by police 
were subject to abusive treatment, including physical assaults.
    The Government operated a shelter for girls in Antigua and a 
shelter for boys in San Jose Pinula. Two other shelters in 
Quetzaltenango and Zacapa served both boys and girls. The Government 
devoted insufficient funds to its shelters, and governmental 
authorities often preferred to send juveniles to youth shelters 
operated by Casa Alianza and other NGOs. The Government provided no 
funding assistance for shelter costs to these NGOs. Security 
authorities incarcerated juvenile offenders at separate youth detention 
facilities.

    Trafficking in Persons.--While the law prohibits trafficking in 
persons, there were reports that persons were trafficked to, from, 
through, and within the country. The law criminalizes all forms of 
trafficking, defines the categories of persons responsible for 
trafficking offenses, and establishes prison terms of six to 12 years 
for persons found guilty of trafficking. The Government reported that 
trafficking was a significant problem.
    The country was a source, transit, and destination country for 
citizens and other Central Americans trafficked for purposes of 
commercial sexual exploitation and forced labor.
    Women and children were trafficked within the country for sexual 
exploitation; children were also trafficked for labor exploitation, 
including for begging rings in Guatemala City, but there were no 
reliable estimates on the extent of the problem. The NGO End Child 
Prostitution, Child Pornography, and Trafficking of Children for Sexual 
Purposes (ECPAT) reported that children between the ages of eight and 
14 were sold for 750 to 1,500 quetzals ($97 to $194) to work in various 
economic activities, but primarily for sexual exploitation. According 
to ECPAT, the incidents of trafficking in persons and the sale of 
children for sexual exploitation likely increased due to higher 
unemployment rates and increasing numbers of individuals living in 
extreme poverty.
    Trafficking was particularly a problem in towns along the country's 
borders. Child migrants who did not cross the border into Mexico often 
remained in the country and resorted to or were forced into 
prostitution. Many women and children also were brought into the 
country from El Salvador, Nicaragua, and Honduras by organized rings 
that forced them into prostitution. The primary target groups for 
sexual exploitation were girls and young women from poor families.
    Trafficking organizations ranged from family businesses to highly 
organized international networks. Brothel owners often were responsible 
for transporting and employing victims of trafficking. Traffickers 
frequently had links to other organized crime, including drug 
trafficking and migrant smuggling.
    Traffickers often approached individuals with promises of economic 
rewards, jobs in cafeterias or beauty parlors, or employment in other 
countries. They used flyers, newspaper advertisements, and verbal or 
personal recommendations.
    The Public Ministry operated a special unit within the Prosecutor's 
Office of Organized Crime to investigate and prosecute trafficking. A 
task force, which included the Public Ministry, immigration 
authorities, PNC, and Casa Alianza, conducted an unspecified number of 
raids on bars and other commercial establishments.
    The PNC and Public Ministry units responsible for combating 
trafficking were severely understaffed and underfunded. At year's end 
the Public Ministry's Special Unit Against Trafficking in Persons 
received and investigated 136 trafficking cases, compared with 51 
during the first seven months of 2007. During the year the Public 
Ministry prosecuted and the courts sentenced one person for trafficking 
offenses.
    There were credible reports that some police and immigration 
service agents were complicit in trafficking of persons. ECPAT reported 
that some minor victims of trafficking claimed immigration officials 
took bribes from traffickers, gave the victims falsified identification 
papers, and allowed them to cross borders. There were credible reports 
that brothel owners allowed police and immigration officials to have 
sex with minor victims without charge. Casa Alianza reported that 
business owners of massage clubs and other establishments that sexually 
exploited adolescents had good relations with some government 
authorities who warned these businesses of upcoming police raids.
    The Government's Secretariat for Social Welfare operated shelters 
in Antigua, San Jose Pinula, Quetzaltenango, and Zacapa that housed 
victims of trafficking and offered social services, job training, and 
counseling. During the year the NGO shelter Casa del Migrante assisted 
49 victims of trafficking in persons, including four cases involving 
minors.
    Immigration officials generally deported foreign adult trafficking 
victims and did not treat them as criminals. Immigration officials 
deported an unspecified number of women found during bar raids back to 
Honduras, Nicaragua, and El Salvador. Victims were not prosecuted and 
were not required to testify against traffickers.
    The Interagency Commission to Combat Trafficking in Persons and 
Related Crimes, headed by the Ministry of Foreign Affairs and including 
representatives of the executive, legislative, and judicial branches, 
as well as NGOs and international organizations, coordinated 
initiatives to combat trafficking.
    The Government gave increased attention to rescuing minors from 
commercial sexual exploitation in bars, brothels, and other 
establishments. The minors were referred to Casa Alianza, which 
provided shelter, medical treatment, psychological counseling, and job 
training. Other NGOs provided similar services and, along with Casa 
Alianza, lobbied for legislation, protection of victims, and prevention 
of trafficking.
    The country cooperated with Mexico to assist victims. This 
cooperation included ensuring that the repatriation of trafficking 
victims was handled separately from deportations. The country had 
repatriation agreements for minor victims of trafficking with El 
Salvador, Nicaragua, Honduras, Costa Rica, and Panama.
    The Public Ministry worked with ECPAT to train government officials 
on crimes of sexual and commercial exploitation with an emphasis on 
trafficking of children. ECPAT provided numerous courses to more than 
320 government officials nationwide, including to all employees of the 
National Tourism Institute.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution contains no specific 
prohibitions against discrimination based on physical disability in 
employment, education, access to health care, or the provision of other 
state services. The law, however, mandates equal access to public 
facilities and provides some other legal protections. In many cases 
persons with physical and mental disabilities did not enjoy these 
rights, and the Government devoted few resources to combat this 
problem.
    There were minimal educational resources for those with special 
needs, and the majority of universities were not made accessible to 
persons with disabilities. The National Hospital for Mental Health, the 
principal health-care provider for persons with mental illness, lacked 
basic supplies, equipment, hygienic living conditions, and adequate 
professional staffing. The National Council for the Disabled, composed 
of representatives of relevant government ministries and agencies, met 
regularly to discuss initiatives, had a budget of 5.5 million quetzales 
($712,000), and estimated that there were 1.2 million persons with 
disabilities in the country.

    Indigenous People.--Indigenous persons from 22 ethnic groups 
constituted an estimated 43 percent of the population. In addition to 
the many Mayan communities, there were also the Garifuna, descendents 
of Africans brought to the Caribbean region as slaves who intermarried 
with Amerindians, and the indigenous Xinca community. The law provides 
for equal rights for indigenous persons and obliges the Government to 
recognize, respect, and promote their lifestyles, customs, traditions, 
social organization, and manner of dress.
    Although some indigenous persons attained high positions as judges 
and government officials, they generally were underrepresented in 
politics and remained largely outside the country's political, 
economic, social, and cultural mainstream due to limited educational 
opportunities, poverty, lack of awareness of their rights, and 
pervasive discrimination. While the indigenous population increased its 
political participation, some civil society representatives questioned 
whether such participation had resulted in greater influence in the 
national political party structure.
    The NGO Human Rights First noted a tendency to criminalize social 
movements, especially community mobilizations against large-scale 
industrial projects that would negatively impact the livelihood of 
their community. Several indigenous community members of San Juan 
Sacatepequez have been arrested over the past few years because of 
their opposition to the construction of a cement factory. In July 
authorities issued arrest warrants for eight individuals as a result of 
a dispute between a landowner and a mining company, the second time in 
18 months that residents opposed to the mine were targeted for arrest. 
At year's end there were no new developments in the case.
    According to INE's 2006 ENCOVI report, 51 percent of the population 
lived in poverty. Of those living in poverty, 56 percent were 
indigenous.
    Rural indigenous persons had limited educational opportunities and 
fewer employment opportunities. Many of the indigenous were illiterate, 
and approximately 29 percent did not speak Spanish, according to INE's 
2006 ENCOVI report. More than 50 percent of indigenous women over the 
age of 15 were illiterate, and a disproportionate number of indigenous 
girls did not attend school. According to the Ministry of Education, 
76,232 preschool- and kindergarten-age indigenous children were 
enrolled in Spanish-indigenous language bilingual education programs.
    The Department of Indigenous People in the Ministry of Labor, 
tasked with investigating cases of discrimination and representing 
indigenous rights, counseled indigenous persons on their rights. This 
department had a budget of 40,000 quetzales ($5,175), only four 
employees, and insufficient resources to investigate discrimination 
claims.
    Legally mandated court interpreters for criminal proceedings were 
rarely available, placing indigenous persons arrested for crimes at a 
disadvantage due to their sometimes limited comprehension of Spanish. 
There was one indigenous supreme court judge, and there were 114 judges 
who spoke Mayan languages among the 561 tribunals in the country. There 
were 84 court interpreters, including 44 bilingual Mayan speakers, and 
the Supreme Court of Justice reported that the judicial system had 907 
employees who spoke indigenous languages. However, in many instances 
bilingual judicial personnel continued to be assigned to areas where 
their second language was not spoken.

    Other Societal Abuses and Discrimination.--The law does not 
criminalize homosexuality or expressly include sexual orientation among 
the categories prohibited from discrimination. There was social 
discrimination against gay, lesbian, and transgender persons. 
Homosexual rights support groups alleged that members of the police 
regularly waited outside clubs and bars frequented by sexual minorities 
and demanded that patrons and persons engaged in commercial sexual 
activities provide protection money. Due to a lack of trust in the 
judicial system and out of fear of further persecution or social 
recrimination, victims were unwilling to file complaints.
    The law does not expressly include HIV status among the categories 
prohibited from discrimination, and there was social discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--While the law provides for freedom of 
association and the right to form and join trade unions, in practice 
enforcement remained weak and ineffective. Workers continued to live 
under threat from their employers, and labor unions were weakened by 
lack of enforcement of labor and employment laws and violence against 
unionists and worker activists. Local and international unions and 
labor rights advocacy groups reported a significant increase in the 
number of killings of trade union activists and their family members 
compared with previous years, and they criticized the Government's 
application of antiterrorism regulations against unions and trade 
unionists.
    UPDDDH reported that at year's end 47 trade unionists had been 
attacked and three killed by unknown assailants. It was generally 
difficult to identify motives for killings, since most killings, 
including killings of labor leaders, were not well investigated and 
went unprosecuted. Local unions urged investigation of the killings of 
these unionists and called for increased security for union leaders and 
members. A petition filed under under the Central American Free Trade 
Agreement involving six local unions alleged that the Government failed 
to effectively enforce its labor laws with regard to freedom of 
association, the right to organize and bargain collectively, and 
acceptable conditions of work in five cases. A review of the petition 
found that despite several recent efforts by the Government to improve 
enforcement of labor laws, significant weaknesses in the Government's 
ability to enforce its labor laws remained.
    On March 2, armed assailants killed Miguel Angel Ramirez Enriquez 
after forcibly entering his home. Ramirez was one of the founders of 
the SITRABANSUR (Union of Banana Workers of the South). Four months 
after its founding, the union was formally recognized in November 2007. 
According to SITRABANSUR, company management received a list of names 
of all the workers who had participated in the formation of the union 
and, through its private security, reportedly threatened the members at 
work and at home. At the end of November, they were fired. Ramirez was 
among the workers pressured to sign a letter of resignation. An 
investigation by the Public Ministry was pending at year's end.
    On April 29, Carlos Enrique Cruz Hernandez, an active member of 
SITRABI (Union of Banana Workers of Izabal), was killed at his 
workplace. Two unidentified persons reportedly entered the area where 
he was having lunch and fired shots. The killing occurred just one week 
after the union's April 23 meeting with the Ministry of Government to 
complain that armed, masked assailants had intimidated and threatened 
another SITRABI member, Danilo Mendez. An investigation by the Public 
Ministry was pending at year's end.
    On June 8, an unknown assailant shot and seriously injured Freddy 
Morales Villagran, a member of the Consultative Council of the Peten 
Distributor Employees Union. Villagran died from his injuries a few 
weeks later. The attack occurred amid the union's attempts to be 
recognized by the Castillo Brothers Company, to obtain reinstatement of 
allegedly illegally dismissed union leaders and members, and to 
challenge the company's efforts to dissolve the company.
    On August 7, two unidentified assailants in Puerto Barrios, Izabal, 
shot and killed Edvin Portillo, treasurer of the Pension Administration 
Board and member of the port workers union of the National Santo Tomas 
Port Company. Portillo had reportedly been collecting signatures for a 
petition, which workers were to present on the day of the killing, 
opposing the new assistant to the deputy director of maritime 
operations. A Public Ministry investigation was pending at year's end. 
With the exception of members of the security forces, all workers have 
the right to form or join unions, but only 8 percent of the formal 
sector workforce was unionized.
    Labor leaders reported receiving death threats and being targets of 
other acts of intimidation. A three-prosecutor Special Prosecutor's 
Unit for Crimes Against Journalists and Unionists within the Office of 
the Special Prosecutor for Human Rights accepted several new union-
related cases during the year. There was one conviction for a crime 
against a trade unionist. Organized labor viewed the restructuring of 
the Special Prosecutor's Unit for Crimes Against Journalists and 
Unionists as reflecting a reduced commitment to prosecuting crimes 
against unionists. On November 6, the Ministry of Labor reactivated the 
Interagency Commission on Labor Relations, which was created in 2003 to 
investigate cases of violence against unionists.
    There were no known developments in the following cases from 2007: 
the killing in January of Pedro Zamora, Secretary General of the Dock 
Workers Union of Puerto Quetzal; the killings in February of street 
vendors Walter Anibal Ixcaquic Mendoza and Norma Sente de Ixcaquic, 
members of the Sixth Avenue Union of the National Front of Vendors of 
Guatemala; and the killing in September of Marco Tulio Ramirez Portela, 
a SITRABI leader and brother of SITRABI Secretary General Noe Ramirez.
    As of early December, the Ministry of Labor granted legal status to 
53 new labor unions, compared with 36 in 2007. Most of the new unions 
were small unions in the provinces, primarily in the agricultural or 
municipal sector. Although there were 1,882 legally registered labor 
unions, 597 appeared to be active at year's end based on administrative 
registration records.
    At year's end an active ``Solidarismo'' (solidarity association 
movement) claimed to have 83 associations with approximately 30,000 
members, and 90 independent associations with approximately 50,000 
members. Unions may operate legally in workplaces that have solidarity 
associations, and workers have the right to choose between them or to 
belong to both. Although the law stipulates that trade unions have an 
exclusive right to negotiate work conditions on behalf of workers, 
unions asserted that management promoted solidarity associations to 
discourage the formation of trade unions or to compete with existing 
labor unions.
    Workers have the right to strike, but due to the low level of 
unionization and procedural hurdles, there were only two legal strikes, 
according to the judicial branch's statistical department. However, 
teachers, health-care workers, farm workers, and other labor groups 
organized and participated in various protests, marches, and 
demonstrations throughout the year.
    The law empowers the president and his cabinet to suspend any 
strike deemed ``gravely prejudicial to the country's essential 
activities and public services.'' Workers in the essential services and 
public services sectors can address grievances by means of mediation 
and arbitration through the Ministry of Labor's General Inspectorate of 
Labor and also directly through the labor courts. Employers may suspend 
or fire workers for absence without leave if authorities have not 
recognized a strike as legal. The law calls for binding arbitration if 
no agreement is reached after 30 days of negotiation. The law prohibits 
employer retaliation against strikers engaged in legal strikes. 
Organized labor protested the use of national security interests and 
emergency situation arguments by the Government to enjoin what they 
considered ``legal'' strikes, such as the truck drivers' protest in the 
spring and demonstrations by teachers and health-care workers. It 
criticized arrests, incarcerations, and fines imposed against 
protesters and regarded such actions as violations of the International 
Labor Organization (ILO) conventions on the right to strike.
    The 2008 International Trade Union Confederation's (ITUC) annual 
survey found insufficient labor inspections, a weak judicial system, 
and impunity. The survey reported that, according to workers, the 
inspectors were more likely to persuade them to renounce their rights 
than seek to protect them and often gave employers advance warning of 
their visits. The labor courts had a backlog of applications for the 
reinstatement of workers, and cases can last more than ten years. 
Employers tended to ignore court rulings, and courts did not take 
action to ensure that their decisions were respected. An ILO technical 
assistance mission in April concluded that the Ministry of Labor was 
very weak and was made even more so since a 2004 ruling by the 
Constitutional Court that it cannot impose sanctions on employers for 
violations of labor laws.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference. The Government 
sought to protect this right in practice but had limited means to do 
so. The law requires that union members approve a collective bargaining 
agreement by simple majority. Although workers have the right to 
organize and bargain collectively, the small number of unionized 
workers limited the practice of organizing and bargaining.
    Most workers, including those organized in trade unions, did not 
have collective contracts documenting their wages and working 
conditions, nor did they have individual contracts as required by law. 
This was largely due to the combination of employer-supported unions, 
illegal terminations or layoffs of union members, refusal to honor 
court reinstatement orders or rulings requiring the employer to 
negotiate with recognized unions, and threats and manipulations of 
subcontracted workers (i.e., threats not to renew a contract or offer 
permanent employment if the worker joins a union or refuses to 
disaffiliate).
    The Ministry of Labor reported that there were 27 new collective 
bargaining agreements, including agreements reached with the teachers 
and health-care workers unions during the year. These agreements were 
reached after years of negotiations and after numerous teachers' 
demonstrations throughout the country.
    The ILO's Committee of Experts' (COE) observations identified 
violations of collective bargaining agreements, acts of employer 
interference, acts of antiunion discrimination, and a very low number 
of government sanctions issued for labor violations.
    Legal recognition of a new industry-wide union requires that the 
membership constitute 50 percent-plus-one of the workers in an 
industry. The COE stated that this requirement restricts the free 
formation of unions. Labor rights activists considered this number to 
be a nearly insurmountable barrier to the formation of new industry-
wide unions, effectively eliminating the possibility for workers to 
exercise the right to negotiate and formally engage employers at an 
industry level.
    Enforcement of legal prohibitions on retribution for forming unions 
and for participating in trade union activities was weak. Many 
employers routinely sought to circumvent legal provisions for union 
organizing by resisting union formation attempts or by ignoring 
judicial orders to enforce them. Inadequate penalties for violations 
and an ineffective legal system to enforce sanctions continued to 
undermine the right to form unions and participate in trade union 
activities.
    Increased violence and insecurity further undermined the ability of 
workers to freely exercise their labor rights. Local unions reported 
increased incidences of fraudulent bankruptcies, ownership 
substitution, and reregistration of companies by employers seeking to 
circumvent their legal obligation to recognize newly formed or 
established unions. Government institutions continued to tolerate these 
practices. The delay in processing legal complaints, from submission to 
final resolution, resulted in immunity for employers.
    There were credible reports of retaliation by employers against 
workers who tried to exercise internationally recognized labor rights. 
Common practices included termination and harassment of workers who 
attempted to form workplace unions, creation of illegal company-
supported unions to counter legally established unions, blacklisting of 
union organizers, threats of factory closures, refusal to permit labor 
inspectors to enter facilities to investigate worker complaints, and 
refusal to honor decisions made by labor tribunals in favor of workers, 
including reinstatement of wrongfully dismissed union organizers.
    The law requires employers to reinstate workers dismissed illegally 
for union organizing activities. In practice employers often failed to 
comply with reinstatement orders. During the year workers who suffered 
illegal dismissal won 571 court injunctions ordering reinstatement. 
Appeals by employers, along with legal recourse such as reincorporation 
as a different entity, often prolonged reinstatement proceedings. The 
labor courts rarely dismissed frivolous cases or appeals, did not 
operate in a timely manner, and did not ensure enforcement of their 
decisions. According to labor ministry officials, authorities rarely 
sanctioned employers for ignoring legally binding court orders. 
Employers often failed to pay the full amount of legally required 
severances to workers.
    Local unions increasingly highlighted and protested the violations 
of employers who failed to pay the employer and employee contributions 
to the national social security system despite employee contribution 
deductions from workers' paychecks. These violations, particularly 
common in the private sector and export industries, resulted in 
limiting or denying employees access to the public health-care system 
and reductions to or underpayment of workers' pension benefits during 
their years of retirement.
    There were no special laws or exemptions from regular labor laws in 
the 16 active export processing zones (EPZs) and within the garment 
factories that operated under an EPZ-like regime. Due to inadequate 
enforcement of labor laws and often illegal measures taken by employers 
to prevent the formation of new unions or undermine existing unions, 
there were few successes in organizing workers in EPZs and in the 
garment sector. Some factories closed and then reopened under a new 
name and with a new tax exemption status. Of the 216 companies 
operating in the EPZs, only two had recognized trade unions, and none 
had a collective bargaining agreement. SitraCima and SitraChoi, two 
garment sector trade unions, were essentially eliminated through 
allegedly illegal employer actions and government inaction in enforcing 
labor, employment, and bankruptcy laws. The Government did not 
regularly conduct labor inspections in the EPZs, and there were 
systemic violations of wage and hour laws, mandatory overtime at 
nonpremium pay, terminations of workers who tried to form unions, 
withholding of social security payments, and illegal pregnancy testing. 
The COE observations identified as a problem the requirement of 
pregnancy tests in some workplaces as a condition to obtain and retain 
employment.

    c. Prohibition of Forced or Compulsory Labor.--While the 
constitution and the law prohibit forced or compulsory labor, including 
by children, women and increasingly minors were trafficked for the 
purpose of sexual exploitation. Organized labor equated mandatory 
overtime practices, which were commonplace in the private sector, 
particularly in the export sectors, to forced or compulsory labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although the law bars employment of minors under the age of 14 without 
written permission from parents or the Ministry of Labor, child labor 
was a widespread problem. The law prohibits persons under the age of 18 
from work in establishments where alcoholic beverages are served, from 
work in unhealthy or dangerous conditions, and from night work and 
overtime work. The legal workday for persons younger than 14 is six 
hours, and for persons 14 to 17 years of age, seven hours. Despite 
these protections, child laborers worked on average in excess of 45 
hours per week.
    The majority of child labor takes place in rural indigenous areas 
where economic necessity forced children to supplement family income. 
According to INE's 2006 ENCOVI report, the latest available, an 
estimated 528,000 children had to work to survive. Child labor was 
common in export industries. The informal and agricultural sectors 
regularly employed children below 14 years of age, usually in small 
family enterprises. There were credible reports that child labor was 
used in food processing, fresh produce, and flower production 
companies, as well as the gravel and pyrotechnic industries. The 
Ministry of Labor estimated that approximately 3,700 children were 
illegally employed in fireworks production.
    The Government did not effectively enforce laws governing the 
employment of minors. The situation was exacerbated by the weakness of 
the labor inspection and labor court systems. While in exceptional 
cases, the Labor Inspectorate may authorize children under the age of 
14 to work, the Ministry of Labor has made a commitment, in accordance 
with ILO Convention 182 on the Worst Forms of Child Labor, not to 
provide such authorizations. In keeping with this commitment, the Labor 
Inspectorate reported that it had not made any such authorizations by 
year's end.
    The COE observations expressed deep concern about the situation of 
children under 14 years compelled to work in the country, noted that it 
appeared very difficult to apply in practice the national legislation 
on child labor, and encouraged the Government to step up efforts to 
improve the situation of child laborers under age 14.
    The ILO's International Program on the Elimination of Child Labor 
continued operating programs to combat commercial sexual exploitation 
of children by assisting the Government and local organizations to 
strengthen legislation, policies, and programs.
    The Child Worker Protection Unit within the Ministry of Labor is 
charged with enforcing restrictions on child labor and educating 
minors, their parents, and employers on the rights of minors in the 
labor market. The Government devoted insufficient resources to 
prevention programs, but Guatemala City's municipal administration 
managed several small programs that offered scholarships and free meals 
to encourage families to send to school children who had formerly 
worked in the broccoli, coffee, gravel, and fireworks industries.

    e. Acceptable Conditions of Work.--The law sets national minimum 
wages for agricultural and nonagricultural work and work in garment 
factories. The daily minimum wage was 52 quetzales ($6.73) per day for 
agricultural and nonagricultural work and 47.75 quetzales ($6.18) per 
day for work in garment factories.
    The minimum wage did not provide a decent standard of living for a 
worker and family. The National Statistics Institute estimated that the 
minimum food budget for a family of five was 1,976.05 quetzales ($256) 
per month, 18.85 percent higher than in 2007. Labor representatives 
noted that even where both parents worked, the minimum wage did not 
allow the family to meet its basic needs.
    Noncompliance with minimum wage provisions in the informal sector 
was widespread. The Ministry of Labor conducted inspections to monitor 
compliance with minimum wage provisions, but the Government allocated 
inadequate resources to enable inspectors to enforce the minimum wage 
law adequately, especially in the very large informal sector. Advocacy 
groups focused on rural sector matters estimated that more than half of 
workers in rural areas who engaged in day-long employment did not 
receive the wages, benefits, and social security allocations required 
by law. According to credible estimates, between 65 and 75 percent of 
the workforce continued to work in the informal sector and outside 
basic protections afforded by the law.
    The legal workweek is 48 hours with at least one paid 24-hour rest 
period, although in certain economic sectors workers continued to 
operate under a tradition of longer work hours. Daily and weekly 
maximum hour limits did not apply to domestic workers. Time-and-a-half 
pay was required for overtime work. Although the law prohibits 
excessive compulsory overtime, trade union leaders and human rights 
groups charged that employers forced workers to work overtime without 
legally mandated premium pay. Management often manipulated employer-
provided transportation to force employees to work overtime, especially 
in EPZs located in isolated areas with limited transportation 
alternatives. Labor inspectors reported uncovering numerous instances 
of overtime abuses, but effective enforcement was undermined due to 
inadequate fines, inefficiencies in the labor court system, and 
employers' refusals to permit labor inspectors into their facilities or 
provide access to payroll records and other documentation.
    Labor courts have responsibility for sanctioning employers found 
violating labor laws. Labor inspectors are not empowered to adopt 
administrative measures or to impose fines for labor violations. The 
labor courts received 1,619 cases from the Labor Inspectorate and ruled 
in favor of reinstatement of the worker in 571 cases. Court decisions 
favorable to workers, however, were rarely enforced due to frequent 
refusals by employers to honor these decisions. Management or persons 
hired by management reportedly continued to harass and make death 
threats against workers who did not accept employer dismissals or 
refused to forfeit their right to reinstatement.
    The Government sets occupational health and safety standards, which 
were inadequate and poorly enforced. When serious or fatal industrial 
accidents occurred, the authorities often failed to investigate fully 
or assign responsibility for negligence. Employers rarely were 
sanctioned for failing to provide a safe workplace. Legislation 
requiring companies with more than 50 employees to provide onsite 
medical facilities for their workers was not enforced. Workers have the 
legal right to remove themselves from dangerous work situations without 
reprisal. Few workers, however, were willing to jeopardize their jobs 
by complaining about unsafe working conditions.

                               __________

                                 GUYANA

    The Co-operative Republic of Guyana is a multiparty democracy with 
a population of approximately 760,000. President Bharrat Jagdeo was 
reelected to a second full term in 2006 elections considered generally 
free and fair by international observers. President Jagdeo's People's 
Progressive Party Civic (PPP/C) has been the majority party in 
Parliament since 1992. Civilian authorities generally maintained 
effective control of the security forces.
    While the Government generally respected the human rights of its 
citizens, there were problems in some areas. The most significant 
reported abuses included potentially unlawful killings by police, 
mistreatment of suspects and detainees by the security forces, poor 
prison and jail conditions, lengthy pretrial detention, government 
corruption, and sexual and domestic violence 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 any politically 
motivated killings. The constitution broadly defines justifiable use of 
lethal force; however, the nongovernmental organization (NGO) Guyana 
Human Rights Association (GHRA) and the media asserted that both the 
Guyana Police Force (GPF) and the Guyana Prison Service committed 
unlawful killings. The Police Complaints Authority (PCA) received eight 
complaints of unlawful killings compared with nine the previous year. 
In most cases the police reportedly shot the victims while attempting 
to make an arrest or while a crime was being committed.
    On July 3, prison officials allegedly beat and tortured inmate 
Edwin Niles, who later died from his injuries. On September 19, 
authorities charged senior prison officials Kurt Corbin and Gladwin 
Samuels with manslaughter in Niles's death, and the case was pending at 
year's end.
    On July 26, prison inmate Nolan Noble died from blunt force trauma 
to the head in circumstances that remained unclear; a police 
investigation continued at year's end.
    On October 20, police detainee James Nelson died after being 
beaten. On December 4, the PCA stated that the available evidence did 
not clarify the circumstances of his death, and called for an inquest 
to be conducted.
    On September 22, the preliminary inquiry into the alleged February 
2007 killing of Clifton Garraway by police officer Clement Bailey 
concluded; the depositions were forwarded to the Director of Public 
Prosecutions (DPP) for a recommendation on criminal charges.
    In the September 2007 shooting death of Donna Herod, a coroner's 
inquest began on November 10 and continued at year's end.
    On August 28, police shot and killed two of the suspects in the 
2006 murder of Minister of Agriculture Satyadeow Sawh. Four other 
suspects remained at large at year's end.
    There were two incidents of extreme violence involving at least one 
criminal gang. On January 26, 15 to 20 heavily armed individuals 
attacked several houses in the Lusignan neighborhood, killing 11 
persons, including five children. On February 17, a similar number of 
heavily armed criminals raided the town of Bartica on the Essequibo 
River, killing 12 persons, including three police officers. In June 
police confronted and killed three of the suspected gang members. On 
August 28, police killed the gang's leader, Rondell Rawlins, who was 
also the suspected mastermind of both attacks. Three other persons were 
charged with murder for the Bartica killings, and three persons 
(including a 14-year-old boy) were charged with murder for the Lusignan 
killings.
    Rondell Rawlins's gang was also implicated in the June 21 killing 
of eight miners in a remote mining camp along the Berbice River, 
although the camp owner and some media reports suggested that 
government security personnel had been responsible.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture, although there was one 
confirmed report of its use by prison officials. Numerous allegations 
circulated that more prison inmates were tortured. There were also 
allegations of police abuse of suspects and detainees.
    In April the Guyana Defense Force (GDF) concluded its investigation 
and submitted a report to the Defense Board concerning the December 
2007 physical abuse of two soldiers during an interrogation. In 
November the GDF Commander asserted that the GDF members involved in 
the incident had been disciplined, but did not identify the individuals 
or the penalties imposed. Despite promises to do so, the Government 
refused to release the report's contents to the public. However, a 
local media outlet claimed it obtained a leaked copy of the report and 
quoted sections that implied the infliction of severe pain or suffering 
on the accused. The Government did not investigate separate allegations 
made by three civilians in 2007 that they also were victims of torture 
carried out by GDF officers.
    During the year the PCA received 29 complaints of unlawful arrest 
and 15 complaints of unnecessary use of violence.

    Prison and Detention Center Conditions.--Prison and jail conditions 
were poor and deteriorating, particularly in police holding cells. 
Capacity and resource constraints were a problem. The Prison Authority 
reported that there were 2,100 prisoners in five facilities, more than 
half of whom were in Georgetown's Camp Street Prison, which was 
designed to hold 610 inmates but held 1,100. Overcrowding at the Camp 
Street Prison was in large part due to backlogs of pretrial detainees, 
which constituted approximately 60 percent of its total population.
    Conditions in the country's four smaller prisons also reportedly 
deteriorated. Some prison officers received basic medical training, but 
no doctor regularly visited the prisons.
    All newly hired prison guards received limited human rights 
training from the GHRA, but the Government made no provision for 
reinforcement training beyond this initial stage.
    Although sanitary and medical conditions in police holding 
facilities varied, overall these conditions were worse than those in 
the prisons. Some jails were bare, overcrowded, and damp. Few had beds, 
washbasins, furniture, or utensils. Meals normally were inadequate; 
friends and relatives routinely had to bring detainees food and water. 
Although precinct jails were intended to serve only as pretrial holding 
areas, some suspects were detained there as long as two years, awaiting 
judicial action on their cases.
    Juvenile offenders ages 16 and older were held with the adult 
prison population. Juvenile offenders ages 15 and younger were held in 
the New Opportunity Corp (NOC), a juvenile correctional center that 
offered primary education, vocational training, and basic medical care. 
Problems at the NOC included lax security and understaffing. There were 
complaints that juvenile runaways, or those out of their guardians' 
care, were placed with juveniles who had committed crimes, with the 
result that some petty offenders became involved in more serious 
criminal activity.
    Since there were no facilities in Georgetown to hold female 
offenders ages 16 and over, women awaiting trial were held in the same 
facilities as men. The Prison Authority reported that there were 94 
female inmates in the women's prison located in New Amsterdam. Due to 
inadequate facilities, juvenile female pretrial detainees were 
sometimes held with adult female pretrial detainees.
    The Prison Authority offered rehabilitation programs focused on 
vocational training and education; however, such programs did not 
adequately address the needs of prisoners with substance abuse 
problems.
    The Government did not permit monitoring of prison conditions by 
either independent bodies or by members of Parliament, and turned down 
requests for monitoring visits from the Parliamentary opposition and 
from a diplomatic mission. The Government did not provide a reason for 
the refusals, other than to clarify they were not due to security 
concerns.

    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 GPF, which is 
headed by the commissioner of police and overseen by the Ministry of 
Home Affairs, employed approximately 2,700 officers and is responsible 
for maintaining internal security. The GDF is responsible for defending 
the country's territorial integrity, assisting civil authorities to 
maintain law and order, and contributing to economic development. The 
GDF, headed by the chief of staff, consisted of approximately 1,000 
troops; it falls under the purview of the Defense Board, which the 
president chairs.
    Poor training, poor equipment, and acute budgetary constraints 
severely limited the effectiveness of the GPF. Public confidence in and 
cooperation with the police remained low. There were reports of 
corruption in the force. Most cases involving charges against police 
officers were heard by lower magistrates' courts, where specially 
trained police officers served as the prosecutors.
    Substantial staff shortages (only four of eight full time positions 
were filled) and the lack of its own investigative unit obstructed the 
PCA's effort to conduct impartial and transparent assessments of 
accusations it received. By law the police commissioner must comply 
with the PCA's recommendations on complaints, but the PCA relied on the 
GPF to conduct investigations into complaints against its own officers. 
Long delays in getting reports from the commissioner also thwarted the 
complaints process.
    During the year the PCA received 167 written complaints, of which 
eight involved police killings. The remaining complaints were mostly 
for police neglecting their duties or misbehaving in public places, 
unlawful arrest, wrongful seizure of firearms or motor vehicles, 
corrupt transactions, and unnecessary use of force. Investigation into 
the complaints led to no recommendations of criminal charges, but did 
lead to 40 recommendations of disciplinary action against police 
officers.
    The GHRA provided a mandatory one-week human rights course for 
police recruits.

    Arrest and Detention.--An arrest requires a warrant issued by a 
court official, unless an officer who witnesses a crime believes there 
is good cause to suspect that a crime or a breach of the peace has been 
or will be committed. The law requires that a person arrested and held 
for more than 72 hours be brought before a court to be charged; 
authorities generally observed this requirement in practice. Bail was 
generally available except in capital offenses and narcotics 
trafficking cases.
    Although the law provides criminal detainees prompt access to a 
lawyer of their choice and to family members, in practice these rights 
were not fully respected. Police routinely required permission from the 
senior investigating officer, who was seldom on the premises, before 
permitting counsel access to a client. There were reports that senior 
officers refused to grant prompt access to prisoners.
    Lengthy pretrial detention, due primarily to judicial inefficiency, 
staff shortages, and cumbersome legal procedures, remained a problem. 
Pretrial detainees constituted approximately one third of the prison 
population, and the average length of pretrial detention was four 
months for those awaiting trial at magistrates' courts and 13 months 
for those awaiting trial at the High Court.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    Delays and inefficiencies undermined judicial due process. Delays 
in judicial proceedings were caused by shortages of trained court 
personnel and magistrates, inadequate resources, postponements at the 
request of the defense or prosecution, occasional allegations of 
bribery, poor tracking of cases, and the slowness of police in 
preparing cases for trial.
    The court system is composed of several magistrates' courts, the 
High Court, and the Court of Appeal. There is also the right of final 
appeal to the Caribbean Court of Justice. The magistrates' courts deal 
with both criminal and civil matters. Specially trained police officers 
serve as prosecutors in lower magistrates' courts. The DPP is 
statutorily independent, may file legal charges against offenders, and 
handles all criminal cases.
    The Judicial Services Commission (JSC) has the authority to appoint 
judges, determine tenure, and appoint the DPP director and deputy 
director. The president, on the advice of the JSC, may temporarily 
appoint judges to sit on magistrates' courts and on the High Court. 
There were nine sitting High Court justices, with three vacancies. In 
April the JSC made recommendations to the president for filling the 
vacant seats, but by year's end the president had not taken action. All 
four seats on the Court of Appeal remained vacant; however, the chief 
justice and the chancellor of the judiciary were serving in acting 
capacities.

    Trial Procedures.--Trials are public, and defendants enjoy a 
presumption of innocence. Cases in magistrates' courts are tried 
without jury; more serious cases are tried by jury in the High Court. 
Defendants can confront witnesses against them and have access to 
relevant government held evidence. Defendants have the right to appeal. 
Trial postponements were granted routinely to both the defense and the 
prosecution. The law extends these rights to all citizens.
    The law recognizes the right to legal counsel; however, except in 
cases involving capital crimes, it was limited to those who could 
afford to pay. Although there is no public defender system, a defendant 
in a murder case that reaches the High Court receives a court appointed 
attorney. The Georgetown Legal Aid Clinic, with government and private 
support, provided advice to persons who could not afford a lawyer, 
particularly victims of domestic violence and violence against women.

    Political Prisoners and Detainees.--The Government generally did 
not detain persons on political grounds. However, there was widespread 
reporting that the Government's imprisonment on March 5 of former GDF 
officer Oliver Hinckson, and his subsequent indictment for sedition, 
was politically motivated. On October 9, Hinckson was granted bail, and 
his trial was pending at year's end.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters, and the 
Government generally respected this provision in practice. The 
magistrates' courts deal with both criminal and civil matters. Delays, 
inefficiencies, and corruption in the magistrate court system affected 
the ability of citizens to seek timely remedy in civil matters, and 
there was a large backlog of civil cases.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--While the law prohibits such actions, and law 
enforcement officials generally respected these prohibitions, there 
were reports that police officers searched homes without warrants, 
particularly in the village of Buxton, a criminal enclave, and in 
neighborhoods where narcotics trafficking was suspected.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice; however, the Government demonstrated diminishing 
tolerance for publicly expressed views or opinions different from its 
own.
    The independent media were active and expressed a wide variety of 
views without restriction. International media operated freely. The 
partially government owned daily newspaper, the Guyana Chronicle, which 
typically displayed a progovernment slant, covered a broad spectrum of 
political and nongovernmental groups. The independent daily newspapers 
Stabroek News, Kaieteur News, and Guyana Times freely reported and 
editorialized on the Government's policies and actions.
    On April 11, the Government suspended the broadcast license of 
independent television station Channel 6 for four months as punishment 
for airing a vague threat made by a caller against President Jagdeo 
during a live call in show, despite the host's immediate condemnation 
of the caller's remarks. The Government asserted that the station had 
violated the terms of its license by inciting violence.
    In July the Government banned a well known local television 
journalist, Gordon Moseley, from the Office of the President and the 
presidential residence for allegedly making ``disparaging and 
disrespectful'' remarks towards the president in a letter published in 
two local newspapers. The letter objected to the president's public 
repudiation of a report Moseley had aired; neither the report nor the 
letter was reported to contain anything offensive.
    In January the Stabroek News halted its public campaign against the 
September 2007 government decision to cease placement of government 
advertising in Stabroek News. In March the Government resumed 
advertising.
    Continued government limits on licensing of new radio stations 
constrained the broadcast media. The Government owned and operated two 
radio stations, broadcasting with multiple frequencies, which were the 
only media capable of reaching the entire country. In December the High 
Court chief justice ruled that the Government had acted 
unconstitutionally by refusing to respond to multiple television 
station license applications for Region 10, affirming that this 
``infringed on the applicants' constitutional right to freedom of 
expression.'' Private interests and the political opposition continued 
to criticize the Government for its failure to approve similarly 
longstanding requests for private radio frequency authorizations.

    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 Telecommunication Union reported that there were 11 
Internet users per 100 inhabitants 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.--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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination, including anti Semitic acts. The 
Jewish community was very small, perhaps fewer than 10 members.
    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 Amerindian Act requires that the local village council grant 
permission for travel to Amerindian areas. In practice most persons 
traveled throughout these areas without a permit.
    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 protection against the 
expulsion or return of refugees to a country where their lives or 
freedom would be threatened. The Government did not receive any 
petitions to 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 national elections based on universal 
suffrage. However, local government elections, which the law provides 
should be held every three years, have not been carried out since 1994 
due to a stalled local government reform process. Political parties 
operated without restrictions or outside interference.

    Elections and Political Participation.--The most recent elections 
took place in 2006, when citizens voted in a generally free election to 
keep the PPP/C government in office. Incumbent President Bharrat Jagdeo 
was reelected to a five-year term. International observers, including 
teams from the Organization of American States, the Caribbean 
Community, the Carter Center, and the Commonwealth, noted isolated 
irregularities not sufficient to change the outcome and declared the 
election to be substantially free and fair, while noting that ruling 
party use of government resources during the campaign disadvantaged 
opposition parties.
    The Elections Commission and the ruling PPP/C party continued to 
challenge in court the minority Alliance for Change (AFC) party's 2006 
claim that incorrect vote counting in Region 10 in the 2006 national 
elections had wrongly awarded a seat to the PPP/C that should have gone 
to the AFC. A High Court resolution to the case remained pending at 
year's end; meanwhile, a PPP/C member occupied the disputed seat.
    The constitution requires that one third of each party list of 
candidates be female but does not require the parties to select women 
for seats. There were 21 women in the 65 seat National Assembly; six of 
21 cabinet ministers were women.
    While supporters of the two major parties (the PPP/C and the 
People's National Congress/Reform) were drawn largely from the Indo 
Guyanese and Afro Guyanese communities, respectively, political party 
leadership was more diverse. The ethnically diverse National Assembly 
included four indigenous members. The cabinet was also ethnically 
diverse, mirroring the ethnic makeup of the general population. More 
than one quarter of the 22 cabinet ministers were Afro Guyanese, 
including the prime minister and the head of the presidential 
secretariat; there were also three indigenous cabinet ministers.

    Government Corruption and Transparency.--The law provides for 
criminal penalties for official corruption; however, the Government did 
not implement the law effectively. The World Bank's worldwide 
governance indicators reflected that government corruption was a 
serious problem. There was a widespread public perception of serious 
corruption in the Government, including law enforcement and the 
judicial system. Low wage public servants were easy targets for 
bribery.
    Public officials are subject to financial disclosure laws and are 
required to submit information about personal assets to the Integrity 
Commission, but compliance was uneven and the commission had no 
resources for enforcement or investigations.
    The law does not provide for public access to government 
information. Government officials were generally reluctant to provide 
public information without approval from senior administration 
officials.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were often uncooperative and 
unresponsive to their views; when they did respond, it was generally to 
criticize. In responding to accusations that its officers may have 
engaged in torture, a GDF press release criticized those ``willfully 
seeking to vilify the officers of the GDF.and to destabilize and 
demoralize the GDF.''
    The constitution allows for a governmental human rights commission, 
but it remained nonfunctioning, and there was no human rights ombudsman 
within the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    While the constitution provides fundamental rights for all persons 
regardless of race, gender, religion, or national origin, the 
Government did not always enforce these provisions.

    Women.--Rape and incest are illegal but were neither frequently 
reported nor prosecuted; spousal rape is not illegal, which contributed 
to an atmosphere where victims were often reluctant to report 
incidents. If a case does come to trial, a judge has discretion to 
issue a sentence of any length in a rape conviction, depending upon the 
circumstances and severity of the act committed. The established trend 
appeared to be a sentence of five to 10 years in prison. During the 
year there were 17 criminal prosecutions of individuals charged with 
rape.
    Violence against women, including domestic violence, was widespread 
and crossed racial and socioeconomic lines. The law prohibits domestic 
violence, gives women the right to seek prompt protection, and allows 
victims to seek protection, occupation, or tenancy orders from a 
magistrate. Penalties for violation of protection orders include fines 
up to G$10,000 ($54) and 12 months' imprisonment; however, this 
legislation frequently was not enforced.
    According to the NGO Help and Shelter, unlike in previous years, 
government enforcement of laws against domestic violence was poor. Help 
and Shelter asserted that magistrates and magistrate court staff lacked 
sensitivity to the problem of domestic violence and to their roles in 
ensuring implementation of the law. In addition not all police officers 
fully understood provisions of the law; some officers reportedly could 
not recognize the paper form on which a protection order is written.
    NGOs reported a perception that some police officers and 
magistrates could be bribed to make cases of domestic violence ``go 
away.'' The Government did not prosecute cases in which the alleged 
victim or victim's family agreed to drop the case in exchange for a 
monetary payment out of court. NGOs asserted the need for a specialized 
family court.
    During the year Help and Shelter handled 468 abuse cases, including 
child, spousal, nonspousal, and other domestic abuse; 306 of the cases 
involved spousal abuse directed against women. Help and Shelter, which 
received funding from both private donors and the Government, ran a 
free shelter for victims of domestic violence and operated a hotline to 
counsel victims.
    Prostitution is illegal but present. It continued to receive 
greater public attention due to the high incidence of HIV/AIDS among 
prostitutes.
    Sexual harassment is prohibited under the Prevention of 
Discrimination Act, which provides for monetary penalties and award of 
damages to victims. Any act of sexual harassment involving physical 
assault can also be prosecuted under relevant criminal statutes. 
Although reports of sexual harassment were common, there were no 
prosecutions for sexual harassment under the Prevention of 
Discrimination Act, and charges of sexual harassment were often settled 
out of court.
    The law prohibits discrimination based on gender, but there was no 
legal protection against such discrimination in the workplace. Although 
women constituted a significant proportion of the workforce, there were 
credible reports that they were not equally treated and faced 
disadvantages in promotion. Job vacancy notices routinely specified 
that the employer sought only male or only female applicants. The 
Women's Affairs Bureau of the Ministry of Labor monitored the legal 
rights of women, but its role was limited to employment related 
services. The bureau also held seminars on leadership and gender equity 
issues for women throughout the country. The constitution provides for 
a Women and Gender Equality Commission, but implementing legislation 
had not been passed.
    The law protects women's property rights in common law marriages. 
It entitles a woman who separates or divorces to one half of the 
couple's property if she had regular employment during the marriage and 
one third of the property if she had not been employed.

    Children.--The Government generally was committed to children's 
rights and welfare. The constitution provides for a commission on the 
rights of the child, but implementing legislation had not been passed.
    Reports of physical and sexual abuse of children were common. 
During the year Help and Shelter handled 55 cases of child abuse and an 
additional 14 cases of rape in which the victim was 17 years of age or 
younger. It was unclear how many deaths from child abuse took place; 
law enforcement officials and NGOs believed that the vast majority of 
child rape and criminal child abuse cases were not reported. As with 
cases of domestic abuse, NGOs noted reports that some police officers 
and magistrates could be bribed to make cases of child abuse ``go 
away.''
    The age of sexual consent is 16. Under the law anyone who has 
carnal knowledge of a girl under 16 can be found guilty of a felony and 
imprisoned for life. There were unconfirmed reports of child 
prostitution, although there were no indications that the country is a 
destination for child sex tourism.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons, and, unlike in previous years, there were few reports that 
persons were trafficked to, from, or within the country.
    Government and NGOs reported only a small number of cases involving 
trafficking in persons. There were some unconfirmed reports of girls 
from the interior (where there was little government oversight and law 
enforcement was lacking) being trafficked for commercial sex to 
countries in South America and the Caribbean. Most traffickers were 
believed to be individual business persons.
    The trafficking case against two women charged in 2006 with forcing 
a 12 year old girl into sexual slavery was dismissed in October for 
lack of evidence.
    Penalties for trafficking include three years' to life 
imprisonment, forfeiture of property, and full restitution to the 
victims. There were no convictions under the Trafficking in Persons Act 
during the year. In January the Government dropped charges in six 
trafficking cases due to lack of evidence and the amount of time 
elapsed since the incidents. Prosecution of human traffickers was more 
difficult in the interior, where infrequent court sessions delayed 
prosecution of cases. There is a National Plan of Action to combat 
human trafficking as well as a National Task Force for Combating 
Trafficking in Persons, which consisted of multiple government 
agencies, that meets to address antitrafficking issues. The Ministry of 
Home Affairs chaired the task force and monitored enforcement.
    There was no evidence that government officials or institutions 
participated in or condoned human trafficking.
    There were no reports of societal discrimination against 
trafficking victims. The Government also worked closely with, and 
provided some financial support for, the NGOs Help and Shelter and Red 
Thread, although neither reported any trafficking victims during the 
year.
    In January the Government facilitated the return from Trinidad of a 
trafficking victim who had escaped her captors; this individual 
received vocational training and a stipend from the Government to 
assist in her reintegration.
    In February the Human Services and Social Security Ministry 
completed a countrywide antitrafficking educational and self-awareness 
campaign, which reached more than 5,000 individuals. The National Task 
Force also conducted sensitization and awareness sessions that reached 
more than 1,000 persons across 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 mandates the state to 
``take legislative and other measures designed to protect disadvantaged 
persons and persons with disabilities"; however, there is no law 
allowing such persons to contest discriminatory acts. There is also no 
law mandating provision of access for persons with disabilities, and 
the lack of appropriate infrastructure to provide access to both public 
and private facilities made it very difficult for persons with 
disabilities to be employed outside their homes. The National 
Commission on Disabilities, comprising 15 cabinet-appointed members, 
was charged with advising the Government and acting as a coordinating 
body on issues affecting persons with disabilities. The Open Door 
Center offered assistance and training to persons with disabilities 
throughout the year.

    Indigenous People.--According to the 2002 census, the indigenous 
population constituted 9 percent of the population. There were nine 
tribal groups, and 90 percent of indigenous communities were located in 
the remote interior. Their standard of living was lower than that of 
most citizens, and they had limited ability to participate in decisions 
affecting their lands, cultures, traditions, and allocation of natural 
resources. Indigenous communities had limited access to education and 
health care; there was no information on the effectiveness of 
government efforts to improve these services. All indigenous 
communities had primary schools, and there were 10 secondary schools in 
remote regions. The secondary schools had dormitories that housed 
approximately 1,400 students at government expense. The Government 
established programs to train health workers and established 
rudimentary health facilities in most communities.
    The law provides that persons wishing to enter indigenous lands 
must obtain prior permission from the local village council, but most 
visitors traveled in these areas without a permit. Rules enacted by the 
village council require approval from the minister of Amerindian 
affairs before entering into force.
    Land rights were a major issue for the indigenous population. 
Indigenous people complained that the Government allocated land (to 
mining and logging interests as well as for environmentally protected 
reserves) without proper consultations with them. The indigenous 
communities often viewed these allocations as illegitimate seizure of 
indigenous lands and alleged that consultations on development in the 
interior did not provide adequate time for feedback. However, the 
Government also continued its program of granting full title to 
indigenous communities around the country for land the communities 
already occupied.

    Other Societal Abuses and Discrimination.--Violence and 
discrimination based on sexual orientation or against persons with HIV/
AIDS were not widely reported.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides for the 
right of association and specifically enumerates workers' rights to 
form or belong to trade unions, and workers exercised this right in 
practice. However, the constitution also specifically bars GPF members 
from unionizing or associating with any established union. 
Approximately 20 percent of the work force was unionized.
    The law provides workers with the right to strike, and workers 
exercised this right in practice. Strikes may be declared illegal if 
the union leadership did not approve them or if they did not meet the 
requirements specified in collective bargaining agreements. Public 
employees providing essential services may strike if they provide the 
proper notice to the Ministry of Labor and leave a skeleton staff in 
place, but they are required to engage in compulsory arbitration to 
bring an end to a strike. There is no law prohibiting retaliation 
against strikers, but this principle always was included in the terms 
of resumption of work after a strike. The law defines and places limits 
on the retaliatory actions employers may take against strikers.

    b. The Right to Organize and Bargain Collectively.--Public and 
private sector employees possessed and exercised the right to organize 
and to bargain collectively. The Ministry of Labor certified all 
collective bargaining agreements, and there were no reports that it 
refused to do so. Individual unions directly negotiate collective 
bargaining status. The chief labor officer and the staff of the 
Ministry of Labor provided consultation, enforcement, and conciliation 
services.
    The law prohibits antiunion discrimination by employers; however, 
some unions alleged antiunion discrimination by the Government.
    There were no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--Although the law 
prohibits forced or compulsory labor, including by children, there were 
unconfirmed reports that such practices occurred. Unlike in previous 
years, there were no reports that Amerindian men were forced into labor 
in timber camps.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although the law sets minimum age requirements for employment of 
children, child labor in the informal sector was a problem. The law 
prohibits the employment of children younger than 15, with some 
exceptions. No person under 16 may be employed at night, except under 
regulated circumstances. The law permits children under 14 to be 
employed only in enterprises in which members of the same family are 
employed.
    Child labor was most prevalent in family-based businesses, 
especially farming, bars and restaurants, and street vending. Small 
numbers of children performed hazardous work in the construction, 
logging, farming, fishing, and manufacturing industries. However, 
according to an NGO study during the year, the country does not have a 
significant problem with the worst forms of child labor.
    The Ministry of Labor collaborated with the Ministry of Education 
and GPF to enforce child labor laws. The Ministry of Labor employed 20 
labor inspectors who were charged with investigating child and 
exploitative labor activities; however, these were not sufficient to 
effectively enforce existing laws.
    In 2006, with international donor assistance, the Ministry of 
Labor, Human Services, and Social Security, in conjunction with the 
Ministry of Education, launched a three-year project to reduce the 
incidence of the worst forms of child labor and withdraw or prevent 
3,044 children from exploitative or hazardous labor conditions.

    e. Acceptable Conditions of Work.--The minimum public sector wage 
was G$34,055 ($166) per month. There were minimum wages for certain 
categories of private sector workers, including retail cashiers and 
clerks, printers, drivers, and conductors, starting with a minimum of 
G$4,000 ($20) per week. Although enforcement mechanisms exist, it was 
difficult to put them into practice, and unorganized workers, 
particularly women and children in the informal sector, often were paid 
less than what was required legally in the service sector. Laborers and 
untrained teachers at public schools also were paid less than the 
minimum wage. The legal minimum wage did not provide a decent standard 
of living for a worker and family.
    The law sets hours of employment, which vary by industry and 
sector. In general, work in excess of a 44 hour workweek required an 
overtime payment rate. The law does not require a minimum weekly rest 
period but does state that a person cannot be compelled to work 
overtime.
    The law also establishes workplace safety and health standards. The 
Occupational Health and Safety Division of the Ministry of Labor is 
charged with conducting factory inspections and investigating 
complaints of substandard workplace conditions. Inadequate resources 
prevented the ministry from effectively carrying out this function. 
Workers could not remove themselves from dangerous work situations 
without jeopardizing continued employment.

                               __________

                                 HAITI

    Haiti is a constitutional republic with a population of 
approximately 9.3 million. International observers assessed the 2006 
presidential and parliamentary elections as generally free and fair, 
after which President Rene Preval and the new parliament took office in 
May 2006. Parliament confirmed Michele Pierre-Louis as the new prime 
minister in September, filling a vacancy that had existed since the 
April removal of former prime minister Jacques-Edouard Alexis. 
Elections for one-third of the Senate's members, originally scheduled 
for late 2007 and rescheduled to May, did not occur, leaving the Senate 
at two-thirds membership for most of the year. Civilian authorities 
generally maintained effective control of the security forces, but in 
some instances elements of the Haitian National Police (HNP) acted 
independently. The United Nations Stabilization Mission in Haiti 
(MINUSTAH) was made up of approximately 9,000 military and police 
officers and civilians who assisted and advised government and security 
authorities.
    The following human rights problems were reported: failure to hold 
timely parliamentary elections; alleged unlawful killings by HNP 
officers; ineffective measures to address killings by members of gangs 
and other armed groups; HNP participation in kidnappings; overcrowding 
and poor sanitation in prisons; arbitrary threats and arrests; 
prolonged pretrial detention; an inefficient judiciary subject to 
significant influence by the executive and legislative branches; severe 
corruption in all branches of government; violence and societal 
discrimination against women; child abuse, internal trafficking of 
children, and child domestic labor; and ineffective enforcement of 
worker rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any known politically motivated killings. 
However, HNP officers killed several persons, who were usually armed 
and resisting arrest; there were also allegations of HNP involvement in 
unlawful killings. The Government and the HNP often lacked sufficient 
expertise and resources and often did not conduct thorough and reliable 
investigations.
    On July 11, Renece Cheron, arrested in the case of the kidnapping 
of a three-year-old, died after suffering physical abuse while in HNP 
custody. At year's end the case remained under investigation by the 
Office of the HNP Inspector General with no further developments.
    On December 16, the prosecutor for Port-au-Prince ordered the 
detention of three HNP officers for murder and attempted murder of 
residents in Martissant, a Port-au-Prince neighborhood. One resident 
died during the officers' attempt to rescue another resident from being 
lynched by a local mob for suspected murder. The prosecutor released 
the rescued man, whom the prosecutor had previously released from 
detention for another crime. The HNP officers remained in custody at 
year's end.
    Organized criminal gangs mainly were responsible for the arbitrary 
or unlawful deprivation of life. In some areas of Port-au-Prince 
formerly known as ``No Law'' areas, notably Martissant, criminals and 
gangs operated with near impunity.
    During the year police arrested three suspects, including a 15-
year-old minor, for the kidnapping, rape, and murder of 20-year-old 
Farah Natacha Kerby Dessources. One adult suspect died in July as a 
result of gunshot wounds sustained during his arrest. The other two 
suspects remained in detention at year's end pending completion of the 
investigative phase.
    On May 20, despite payment of ransom, unknown actors kidnapped, 
tortured, and killed a 16-year-old student who was returning home from 
school.
    In response to continuing violence perpetrated by suspected 
criminals, residents in some neighborhoods resorted to vigilante 
justice. Nongovernmental organizations (NGOs) also reported vigilante 
incidents including shootings, beatings, and lynchings in rural areas, 
an area where effective judicial and law enforcement institutions 
largely were absent. Police statistics documented 70 lynchings during 
the year.

    b. Disappearance.--There were no reports of politically motivated 
disappearances by government agents.
    Current and former HNP officers were accused of participation in 
kidnappings. Since some HNP officers were involved in narcotics 
trafficking, credible observers assumed HNP officers' complicity in 
narcotics trafficking-based disappearances.
    On July 3, the HNP arrested three Cap Haitien police officers for 
allegedly heading a gang responsible for multiple kidnappings. An 
investigating judge dismissed the case against the first officer. At 
year's end the second suspect remained in prison awaiting trial, and 
the third suspect was a fugitive.
    On December 4, Gonaives Police Commissioner Ernst Dorfeuille 
Bouquet was arrested and charged with the November 29 kidnapping and 
murder of Monica Pierre, a convicted drug trafficker and alleged 
personal associate. Other police officers also were linked to the case, 
but there were no further arrests as of year's end.
    Armed and organized criminal elements continued kidnapping during 
the year. While payment of ransom resolved most cases, some victims 
were tortured, raped, and killed while in their kidnappers' custody. 
There were 263 reported kidnapping victims during the year, compared 
with 237 in 2007. Many kidnappings were never reported officially.
    The August 2007 disappearance of Lovinsky Pierre-Antoine, a 
supporter of former president Jean-Bertrand Aristide and a potential 
senatorial candidate, was unresolved. Pierre-Antoine remained missing 
at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and with the exception 
of a few HNP officers, there were no reports that government officials 
employed them. Criminal gangs, however, frequently employed these 
practices.
    On February 5, an HNP officer assigned to the Canape-Vert precinct 
in Port-au-Prince beat a local resident. At year's end the HNP Internal 
Affairs unit was investigating the case.
    On September 12, members of the HNP's crowd control unit reportedly 
beat three local residents in their home as the unit reacted to a 
dispute between the family and a girlfriend of one of the implicated 
officers. The case was referred to the corrections court on September 
24, and there were no further developments at year's end.
    On September 25, HNP officers beat Natacha Jeune Saintil after she 
objected to their arrest of her brother without a warrant. She 
underwent emergency surgery for a perforated intestine and broken 
pelvis. The four officers involved were on administrative leave pending 
results of the investigation.
    MINUSTAH's Office of Internal Oversight Services investigated cases 
of alleged sexual exploitation and abuse of minors by MINUSTAH security 
forces during the year and submitted completed investigations to UN 
headquarters for final disposition. The Government did not receive 
expected reports from UN headquarters or the Government of Sri Lanka 
concerning the accusations against Sri Lankan peacekeepers of 
``transactional'' sexual exploitation or sexual involvement with minors 
in 2007.

    Prison and Detention Center Conditions.--Prisons and detention 
centers throughout the country remained overcrowded, poorly maintained, 
and often unsanitary. The destruction of three prisons in 2004 and the 
large number of pretrial detainees in custody resulted in severe 
overcrowding. There were credible reports that in some prisons, 
detainees slept and stood in shifts due to lack of space. Some prisons 
had no beds for detainees. Many prison facilities lacked basic services 
such as adequate kitchens, medical services, electricity, and medical 
isolation units for contagious patients. Most prisons also periodically 
lacked water.
    Many prisoners and detainees suffered from a lack of basic hygiene, 
malnutrition, poor quality health care, and the presence of rodents. 
The incidence of preventable diseases such as AIDS, malaria, and 
tuberculosis remained a serious problem.
    The overburdened prison system had insufficient holding facilities, 
especially as new arrests mounted during the year. The National 
Penitentiary in Port-au-Prince held prisoners in its intake room. 
Overcrowding prevented the constitutionally mandated separation of 
violent from nonviolent prisoners and convicts from detainees. 
Provincial authorities, in particular, incarcerated many convicted 
prisoners for long terms in temporary holding cells. Successful escapes 
occurred and sometimes included persons charged with serious crimes. 
Police stations served as prisons in the cities of Gonaives and Petit 
Goave, whose prisons were destroyed in 2004. They were severely 
overcrowded. Gonaives, for example, housed 214 long-term prisoners in 
its local police station. In February several facilities released 
prisoners in an effort to reduce overcrowding.
    Prisons also suffered from guard abuse, corruption, and 
indifference. Prisoners reported physical abuse by correctional 
officers; officers reported limiting their exposure to cell blocks due 
to insufficient staffing and security.
    At year's end the total prison population, including both pretrial 
detainees and sentenced prisoners in the country's 17 prisons, was 
8,204; international standards supported a maximum population capacity 
of 2,448 persons. The National Penitentiary in Port-au-Prince, built in 
1915, continued to be severely overcrowded. Enlarged to a total 
capacity of 1,200, it held 3,908 inmates in December.
    At year's end approximately 88 percent of the country's 316 
incarcerated minors were in prolonged pretrial detention, several since 
2005.
    Port-au-Prince maintained separate penitentiaries for adult men and 
women. Both penitentiaries suffered from overcrowding, poor 
maintenance, and unsanitary conditions, but the problems at the men's 
penitentiary were more severe. In the 15 other detention centers 
throughout the country, space permitting, male and female prisoners 
were held in separate cells. Children 16 and older were confined with 
adults. Minors and adults sometimes occupied the same cells due to lack 
of available space. Pretrial detainees were held together with 
convicted prisoners.
    Most boys were held in a separate facility in Port-au-Prince. By 
law, that facility may hold only boys ages 13 to 15, although a few 
children claimed to be as young as eight and others as old as 17 years 
of age. Female minors at the Petionville Women's Penitentiary were 
segregated from adult prisoners in a separate but overcrowded cell.
    As of December 1,764 of the 8,204 prisoners in custody had been 
tried and sentenced, while 6,440 still awaited trial.
    Prison population statistics did not include the large number of 
persons held in police stations around the country in ``preventive 
detention'' (without a hearing or filed charges) for longer than the 
constitutionally mandated 48-hour maximum detention period. Inadequate 
record keeping and data entry at the police stations made it difficult 
to estimate the number of persons held in preventive detention (See 
Section 1.d.).
    The International Committee of the Red Cross (ICRC), MINUSTAH, the 
local NGO National Human Rights Network for Haiti, and the Government's 
Office of Citizen Protection (OPC) monitored prison conditions in 
cooperation with the Department of Prison Administration.
    Authorities freely permitted the ICRC, the Haitian Red Cross, and 
human rights groups to enter prisons and police stations, monitor 
conditions, and assist prisoners and detainees with medical care, food, 
and legal aid. Primary concerns for most groups monitoring the 
conditions in the prisons related to adequate water, food, and 
sanitation. Although some programs, such as efforts to improve 
sanitation at the National Penitentiary, reported success, the 
Government did not implement all changes recommended by NGOs and donor 
governments.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the constitution stipulates that a person may 
be arrested only if apprehended during the commission of a crime or on 
the basis of a warrant by a legally competent official such as a 
justice of the peace or magistrate. The authorities must bring the 
detainee before a judge within 48 hours of arrest. Officials frequently 
did not comply with these provisions in practice.

    Role of the Police and Security Apparatus.--MINUSTAH, deploying 
6,854 soldiers, 1,858 police officers, and 494 civilian UN officials, 
trained and supported the national police force, provided disaster 
recovery assistance, and assisted the Government in suppressing gang-
related violence.
    The 8,546 member HNP has sole responsibility for law enforcement 
and maintenance of order; there are no military forces. The UN 
estimated that the country needs a force of at least 14,000 police. The 
HNP is an officially autonomous civilian institution under the 
authority of a director general and includes police, corrections, and 
coast guard functions in separate units. The Ministry of Justice, 
through its minister and the secretary of state for public security, 
provides oversight.
    There were reports of corruption in the HNP, which the HNP has 
mechanisms to investigate. For instance, affluent prisoners sometimes 
obtained favorable conditions of detention. A businessman arrested for 
fraud visited a local hospital for emergency medical services but he 
resided there many months after his recovery. The HNP conducted 
investigations of police malfeasance, leading to the arrest or 
termination of employment of some officers. The Inspector General's 
(IG) Office of the HNP accepts and investigates allegations from any 
complainant of police wrongdoing, including human rights violations, 
complicity in criminal acts, and other violations. The IG established 
two toll-free hot lines to accept citizen complaints-one directly to 
the HNP and one to MINUSTAH. Upon completion of investigations, the IG 
forwarded its findings to the director general of the HNP and high-
level Ministry of Justice officials for appropriate action. IG 
investigations revealing criminal activity were referred to the 
regional prosecutor.
    Reform and professionalization of the HNP continued as 
international programs provided human rights and other training and 
equipment for new recruits and for existing officers; police station 
upgrades; security and humanitarian improvements to prisons; vehicles, 
computers, and communications equipment; and other technical 
assistance. During the year more than 2,000 police officers were vetted 
for human rights abuses, complicity in criminal acts, and other 
violations. Nevertheless, reform efforts remained incomplete, and HNP 
officers occasionally were implicated in corruption, kidnapping, and 
narcotics trafficking. The Corrections Department of the HNP did not 
perform the same vetting and background procedures on new employees and 
guards as its HNP law enforcement counterparts; the director general 
dismissed 19 corrections cadets prior to graduation due to improper, 
biased recruiting. With the assistance of the National Network for the 
Defense of Human Rights and the international community, the HNP 
participated in human rights training.
    A MINUSTAH poll reported that 58 percent of the population 
perceived improvement in the HNP during the year. In another poll 66 
percent of respondents listed the HNP as the most trusted government 
institution.
    Although the HNP's efforts resulted in significantly increased 
levels of physical security and policing effectiveness, in many cases 
the HNP could not prevent or respond to gang-related and other societal 
violence due to an insufficient number of officers and inadequate 
equipment or training. In April MINUSTAH provided assistance when 
violent protests in Les Cayes and Port-au-Prince overwhelmed HNP 
responders.

    Arrest and Detention.--Police sometimes apprehended persons without 
warrants or with warrants not issued by a duly authorized official. The 
authorities occasionally detained individuals on unspecified charges or 
pending investigation.
    In areas with little or no HNP presence, justices of the peace 
frequently and illegally sent members of locally elected councils to 
execute arrest warrants.
    Police frequently did not observe the legal requirement to present 
detainees before a judge within 48 hours, and prolonged preventive 
detention remained a serious problem. For example, judges sometimes 
failed to report for work or the police lacked vehicles to transport 
the accused to courthouses. Consequently, many detainees were held for 
extended periods in preventive detention without being informed of 
charges against them.
    Investigative judges granted bail at their discretion. Bail 
hearings were not routine, and judges usually granted bail only for 
minor cases and based on compelling humanitarian grounds, such as a 
need for medical attention. Detainees generally were allowed access to 
family members and a lawyer of their own choosing. Many detainees could 
not afford the services of an attorney, and the Government routinely 
did not provide free counsel. In contrast to past years, persons who 
were found not guilty were released quickly.
    The Government detained repatriated citizens upon their return for 
approximately two weeks if the citizen had a criminal record or if the 
crime committed abroad was considered minor. The authorities used the 
deportee's time in detention to assess whether the citizen planned to 
participate in criminal activities and to locate local family members. 
Because of lack of available space in prisons and detention centers, 
the Government made efforts to release the deportees quickly. 
Deportees, many of whom spent most of their lives abroad, alleged 
widespread discrimination and social abuse after returning home.
    The Detention Commission, established in June 2007, studied 
outstanding cases dating from 2004 and released 892 prisoners between 
June 2007 and March 2008. Days after issuing its final report in March, 
the commission disbanded. Media and credible groups reported that the 
commission permitted numerous dangerous persons to reenter local 
communities.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, in practice the executive and legislative 
branches exerted significant influence on the judicial branch. Judges 
assigned to politically sensitive cases complained about interference 
from the executive branch. Credible reports of judicial corruption were 
commonplace.
    On June 23, the Ministry of Justice and Public Security fired two 
judges in Les Cayes for freeing drug traffickers in exchange for money.
    Pervasive and long-standing problems-including a shortage of 
funding and adequately trained and qualified justices of the peace, 
judges, and prosecutors-created a large backlog of criminal cases, and 
many detainees waited months for a court date.
    Another problem in the judicial system created a barrier for crime 
victims requesting investigation of their cases. After a citizen 
reported being the victim of a crime, some justices of the peace 
charged varying ``fees'' to initiate criminal prosecutions. Amnesty 
International reported that some judges extorted money from rape 
suspects to avoid investigation and prosecution and sometimes brokered 
marriages between rape victims and their attackers instead of pursuing 
criminal investigations.
    In mid-April justices of the peace began charging private citizens 
fees of up to 20,000 gourdes ($500) for a legal document to certify 
damage to citizens' personal property during rioting that occurred that 
month. On April 24, the Chief Prosecutor's Office of Port-au-Prince 
demanded that all justices of the peace return these fees.
    Access to the judicial system was limited also by long distances 
and limited transportation between citizens' places of residence and 
the courts. In most regions judges lacked basic resources and 
professional training. However, the School for Magistrates, closed 
since 2004, resumed in-service training of justices of the peace. 
During the year 76 justices from Port-au-Prince completed the intensive 
six-week training program. An internationally funded program provided 
training for judges, prosecutors, and other court personnel, furnished 
technical assistance in drafting rules and procedures, and assisted in 
curriculum planning for the school. The National Center for State 
Courts provided assistance with training and curricula for judges and 
court personnel.

    Trial Procedures.--The judicial apparatus follows a civil law 
system based on the Napoleonic Code. In practice authorities widely 
ignored the constitutionally provided right to a fair public trial. The 
constitution also expressly denies police and judicial authorities the 
right to interrogate suspects unless legal counsel or a representative 
of the suspect's choice is present or they waive this right. Most 
accused persons could not afford legal counsel for interrogation or 
trial, and the law does not require that the Government provide legal 
representation. However, some defendants had access to counsel during 
trials. While the constitution provides defendants with a presumption 
of innocence, the right to be present at trial, the right to confront 
witnesses against them, and the right to present witnesses and evidence 
on their own behalf, judges frequently denied defendants these rights. 
Recruitment and advancement of judges remained poorly regulated pending 
full implementation of a 2007 law governing qualifications and 
requirements for all magistrates and judicial personnel.
    There was no action taken on judicial reform laws passed in 2007 
that require the formation of a supreme judicial council which would 
include members of the judiciary and civil society and prescribe the 
re-opening of an academy for judges.
    At the lowest level of the justice system, justices of the peace 
issue warrants, adjudicate minor infractions, mediate cases, take 
depositions, and refer cases to prosecutors or higher judicial 
officials. Investigating magistrates and public prosecutors cooperate 
in the development of more serious cases, which are tried by the judges 
of the first instance courts. Thirty appeals court judges hear cases 
referred from the first instance courts, and the 11-member Court of 
Cassation, the country's highest court, addresses questions of 
procedure and constitutionality.
    The Code of Criminal Procedure does not assign clear responsibility 
for criminal investigations and divides authority among police, 
justices of the peace, prosecutors, and investigative magistrates. 
Authorities often failed to question witnesses or complete 
investigations, and examining magistrates often received incomplete 
files. Authorities rarely conducted autopsies and seldom issued 
reports.
    The law provides for at least two criminal court sessions (assises) 
per year in each of the 15 first-instance jurisdictions for all major 
crimes requiring a jury trial, with each session generally lasting two 
weeks. However, this did not occur in practice, which was a significant 
reason for lengthy delays for prisoners awaiting trial. Many courts 
lacked adequate funding for staff salaries, transportation for court 
staff and defendants, or funds for meals and incidentals during long 
trials.
    Traditionally, each annual assise processes approximately 10 jury 
trials. With international donor assistance, some jurisdictions, such 
as St. Marc and Port-au-Prince, processed significantly more. During 
the year the court in Port-au-Prince held a second jury session for the 
first time in many years and conducted trials for an additional 19 
cases. With the support of the national government and the local legal 
community, international groups provided funds to indigent defendants 
for professional legal representation at these hearings. The Ministry 
of Justice underwrote special summer felony hearings in Port-au-Prince 
to reduce pretrial detention backlogs, and the courts adjudicated an 
additional 115 cases at these special sessions. Still, since most of 
the 3,908 detainees awaiting trial in the National Penitentiary were 
held for serious crimes that warranted a jury trial, they were 
effectively denied the right to a prompt trial. Approximately 10 
percent of detainees in the National Penitentiary were convicted; the 
rest awaited trial or release.

    Political Prisoners and Detainees.--The Government generally did 
not hold political prisoners; however, since most prison detainees were 
awaiting trial, it was possible that some of them were being held for 
political reasons.
    On May 16, 97 victims of the 1994 ``Raboteau Massacre'' received 
more than 16 million gourdes ($430,000) in court-awarded damages from 
former colonel Carl Dorelien, a member of the military dictatorship who 
fled the country after Aristide resumed the presidency.
    In June the Inter-American Court of Human Rights (IACHR)ruled that 
political persecution by the Government violated the human rights of 
Yvon Neptune, prime minister under the 2004 Aristide government, who 
was imprisoned from 2004 to 2006. The IACHR detailed 11 violations of 
Neptune's rights and awarded damages.
    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 and elected officials 
generally respected these rights in practice. However, there were a few 
incidents of government officers and elected officials harassing 
journalists and numerous reports of gang members killing or harassing 
journalists.
    On July 1, the deputy mayor of Cap Haitien and his bodyguards 
attacked news correspondent Joachim Marcel and destroyed his equipment 
in radio station Signal FM's Cap Haitien office, allegedly in 
retaliation for Marcel's investigation of voting corruption. The public 
prosecutor's office had not developed the case as of year's end.

    Internet Freedom.--The Government did not restrict access to the 
Internet or monitor e-mail or Internet chat rooms. Individuals and 
groups freely engaged in communication via the Internet, including by 
e-mail. The International Telecommunication Union reported that in 2007 
there were 75,000 Internet subscribers and 10 Internet users per 100 
inhabitants.

    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. Citizens must apply for a permit in 
order to hold legal demonstrations; the HNP regularly issued permits.

    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 members of religious groups, 
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 law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    Since there were no known refugees in the country, there was no 
opportunity for the Government to coordinate with the Office of the UN 
High Commissioner for Refugees.
    The law prohibits forced exile, and there were no reports of its 
being applied. However, according to anecdotal reports, former 
government officials imposed internal and external exile upon 
themselves and their families for fear of retaliation or prosecution.

    Internally Displaced Persons (IDPs).--The Government reported 
displacement of approximately 150,000 persons from their homes due to 
two hurricanes and two tropical storms that ravaged much of the country 
during a three-week period in August and September. Large-scale 
international and NGO humanitarian assistance efforts were actively 
solicited and accommodated by the national government to provide 
emergency aid to displaced persons and storm victims. Emergency 
legislation enabled the national government to redirect nearly $180 
million of accrued oil revenues toward emergency aid efforts.

    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 a country where their lives or 
freedom would be threatened, but it did not routinely 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 through free and fair elections based on universal suffrage, 
but the Government did not provide citizens the full opportunity to 
exercise this right during the year.

    Elections and Political Participation.--Multiparty presidential and 
parliamentary elections in February and March 2006 were relatively 
stable and peaceful. Rene Preval won the presidency with 51 percent of 
the vote. Additional rounds of parliamentary and municipal elections 
were held in December 2006 and April 2007. Citizens and international 
observers considered the election process acceptable, the results 
credible, and noted few incidents of violence or fraud.
    The constitution requires that, following local and municipal 
elections, local officials hold a series of indirect elections to staff 
departmental organs of self government and an interdepartmental council 
to advise the national government, as well as to nominate candidates 
for the Permanent Electoral Council. The three branches of the national 
government were to select from among these nominees the council's nine 
members.
    Since these indirect elections did not take place, the country 
continued to operate with a Provisional Electoral Council (CEP). 
Lacking necessary presidential instructions to do so, the CEP, 
installed in December 2007, did not hold elections to replace one-third 
of the Senate, whose terms expired in May, and two other open Senate 
seats. As a result the Senate operated with 18 members instead of 30. 
The Government rescheduled these elections for April 2009.
    The CEP cited the lack of a comprehensive electoral law and a 
budget shortfall as impediments to elections. In June parliament passed 
a new electoral law that included a provision to increase the number of 
polling places. Many persons, including the president, declared the 
constitutionally mandated calendar of frequent elections either too 
impractical or too expensive.
    The electoral legislation mandated that political parties 
presenting at least 30 percent female candidates and succeeding in 
electing 20 percent of them receive twice as much public financing for 
those same positions in the next election. The monetary deposit 
required of female candidates for political office (if sponsored by a 
recognized party) was one-half that required of male candidates. Eight 
women served in the 129-seat National Assembly, and four women sat in 
the 18-member cabinet, including the prime minister.

    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. According to the World Bank's worldwide 
governance indicators, government corruption was a severe problem. 
Corruption remained widespread in all branches and at all levels of 
government. The constitution mandates that high-level officials and 
parliament members accused of official corruption be prosecuted before 
the Senate, not within the judicial system. However, the Senate brought 
no such cases of corruption. Poverty, lack of economic opportunity, and 
weak governmental institutions (especially relating to law enforcement 
and the judiciary) contributed to widespread corruption.
    The HNP, with the assistance of UN Civilian Police, continued 
efforts to eliminate corruption within its ranks, and the Government 
continued to investigate individuals in the business sector and in 
government entities for corruption but brought no charges. The Center 
for Pleas and Legal Assistance (CEPAJ) began offering judicial 
assistance to victims and witnesses of government corruption and widely 
disseminated phone and e-mail contact information. At year's end the 
CEPAJ had taken five complaints since its inception in May.
    Authorities arrested or detained a few low-level public servants, 
mainly customs officials, on corruption or corruption-related charges. 
The Government's Financial Intelligence Unit within the Ministry of 
Justice conducted an investigation into misuse of funds within the 
social security system. After parliamentary and public criticism of 
efforts by the chief prosecutor for Port-au-Prince to arrest the 
agency's director, judicial authorities questioned the director but did 
not arrest or charge him. The president relieved the director of his 
duties in November. There were no known developments in the 
investigation begun in 2007 concerning alleged mismanagement of funds 
at the Ministry of Foreign Affairs in 2004-06.
    In January the president signed into law a financial disclosure 
bill that requires the president, the prime minister, cabinet 
ministers, and other high-level public officials to declare assets. The 
Financial Control and Information Office has responsibility for 
combating financial crimes. The chief prosecutor for Port-au-Prince 
arrested or attempted to arrest several government officials for 
corruption, including HNP officers and the director of the national 
airport authority. After the business community, the HNP, and NGOs 
publicly questioned his commitment to applying the laws objectively, 
the chief prosecutor resigned his post on August 12.
    No law requires public access to government information, but there 
were no reports that the Government prevented 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. The Government 
cooperated with the various human rights observation missions and 
generally acknowledged their views but lacked the capacity to implement 
their recommendations. The Government permitted special missions and 
the continued presence of UN bodies and other international 
organizations such as the ICRC.
    At national and international levels, human rights organizations 
actively and effectively monitored human rights issues, meeting 
frequently with government officials. Human rights organizations made 
media appearances and published reports.
    The OPC exists to protect individuals against any form of abuse by 
the Government. The OPC offered free legal assistance to any citizen 
who appeared before a court regarding a filed complaint. The OPC had a 
reputation for ineffectiveness and primarily operated within Port-au-
Prince. The Government rarely acted on OPC recommendations.
    The Chamber of Deputies and the Senate each had a human rights 
committee; however, neither committee published any reports or 
introduced any legislation during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law does not specifically prohibit discrimination on the 
grounds of race, gender, disability, language, or social status. It 
does provide for equal working conditions regardless of gender, 
beliefs, or marital status. However, no effective governmental 
mechanism administered or enforced these provisions.

    Women.--The law prohibits and provides penalties for rape but does 
not recognize spousal rape as a crime. The penalty for rape is a 
minimum of 10 years of forced labor, increasing to a mandatory 15 years 
if the victim was less than 16 years old. In the case of gang rape, the 
maximum penalty is forced labor for life. Sentences were often less 
rigorous. The criminal code excuses a husband who kills his wife or her 
partner found engaging in an act of adultery in his home, but a wife 
who kills her husband under similar circumstances is subject to 
prosecution. Anecdotal evidence suggested that some younger women were 
detained after violently resisting sexual attackers, sometimes family 
members. Amnesty International confirmed that rape remained commonplace 
and underreported. Kidnappers often raped their female abductees. In 
July MINUSTAH's Child Protection Unit reported numerous incidents of 
gang rape and sexual violence against women and children in the ``No 
Law'' areas.
    National police statistics showed that 282 rapes were reported 
during the year, an increase of 89 percent over the 2007 figure of 149; 
90 rape victims were adult women, 189 were female minors, two were 
adult men, and one was a male minor.
    Rape was often treated in practice as a relatively minor infraction 
or a family or community issue instead of a prosecutable offense. 
MINUSTAH cited difficulty in persuading judges and the HNP to give 
adequate attention to rape cases. Cases were often relegated to a 
justice of the peace, who acted as a mediator, with an emphasis on 
finding family or community solutions as opposed to punishing the 
perpetrator.
    Rape was especially common in urban slum areas with minimal police 
presence. Many credible NGOs and government sources believed that urban 
gangs used rape as a systematic instrument of intimidation. Women's 
shelters and organizations reported that armed gangs frequently raped 
and harassed girls and women. At least one kidnapping gang kidnapped 
women in Port-au-Prince primarily for purposes of rape, making ransom 
demands considerably lower than in other kidnapping cases.
    In 2007 doctors and hospitals began issuing free medical 
certificates to victims of sexual aggression, including rape, for use 
when pressing charges against attackers. The certificate was often the 
only evidence presented by the victim, and despite notices from the 
Ministry of Justice to the contrary, judges dismissed cases in the 
absence of such a certificate.
    Substantial disincentives discouraged victims from reporting rapes: 
victims' desire to protect themselves from the social or physical 
consequences of bringing accusations against the perpetrators, who 
often lived in the community; tacit cultural acceptance of sexual 
assault; the lack of facilities or services at police stations to aid 
rape victims; required payment of a nominal fee for medical services 
necessary to obtain the free certificate; the long distances between 
homes and a qualified tribunals; and finally, the corrupt judicial 
system that fostered a perception of impunity.
    The law prohibits and provides penalties for domestic violence, but 
women's rights groups and human rights organizations reported that 
domestic violence against women remained commonplace and underreported. 
Government figures reported 31 incidents of domestic violence (down 19 
percent from 37 in 2007); the 25 female victims were all adults. Police 
rarely arrested the perpetrators or investigated the incidents, and the 
victims sometimes suffered further harassment and reprisals from 
perpetrators. Corrupt judges often released suspects arrested for 
domestic violence and rape.
    On January 26, 27-year-old Martine Lindor of Petit-Goave was 
allegedly beaten by her former spouse and lost sight in her left eye. 
Police conducted a swift investigation and arrested the suspect, but an 
investigative judge intervened the same day to procure his release 
without notifying the prosecutor or speaking with the victim. When the 
victim pursued further legal action, a higher court returned the case 
to the same judge.
    The Government, with the support of international donors, sponsored 
a program for victims of violence that provided medical and legal 
assistance for victims, as well as a campaign denouncing violence 
against women. Haitian Women in Solidarity estimated that the number of 
women reporting instances of violence against them increased 58 percent 
in the first half of 2008, primarily cases of spousal rape.
    Although prostitution is illegal, it remained a widespread 
practice, particularly among women and girls. Local NGOs reported that 
police generally ignored prostitution.
    The law does not specifically prohibit sexual harassment, although 
the labor code states that men and women have the same rights and 
obligations. Data concerning sexual harassment in the workplace were 
not available, although observers suggested that sexual harassment 
occurred. Such incidents went unreported because of high unemployment 
and because citizens had little confidence in the ability of the 
judicial system to protect them.
    Women did not enjoy the same social and economic status as men. In 
some social strata, tradition limited women's roles. The majority of 
women in rural areas remained in the traditional occupations of 
farming, marketing, and domestic labor. Very poor female heads of 
household in urban areas also often faced limited employment 
opportunities, such as domestic labor and sales. Laws governing child 
support recognize the widespread practice of multiple father families 
but rarely were enforced. Government and private sectors seldom 
promoted women to supervisory positions. Excepting the HNP, which 
continued efforts to recruit and increase the percentage of women in 
its ranks, there were no government efforts to combat economic 
discrimination.
    Many domestic women's rights groups worked through a national 
network, the Coordination for Advocacy on Women's Rights.

    Children.--Governmental agencies and programs promoted children's 
rights and welfare, but the Government lacked the capacity and the 
resources to support or enforce existing mechanisms adequately.
    While the constitution provides for free and compulsory public 
primary education, in practice many children did not have access due to 
the insufficient number of public schools and lack of necessary 
documentation. According to the Government, 40 percent of children 
never attended school. Of those who did, less than 15 percent graduated 
from secondary school. Religious institutions, community organizations, 
and NGOs managed nearly 90 percent of the country's approximately 
15,000 schools. Poorer families sometimes rationed education money and 
sent only some of their children to school.
    Credible sources reported that large numbers of domestically 
trafficked children were forced to work as indentured household 
servants. Port-au-Prince's large population of street children included 
many who were dismissed from or fled employers' homes. The Ministry of 
Social Affairs provided minimal assistance, such as food and temporary 
shelter, to street children.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, although labor legislation and other laws, 
including those prohibiting and penalizing slavery, kidnapping, and 
violence against women, could be used to combat human trafficking. 
There were reports that persons were trafficked from, to, through, and 
within the country.
    The country was a source for persons trafficked to the Dominican 
Republic, the Bahamas, the U.S., Europe, and Canada. Trafficked 
citizens reported conditions of bonded servitude, slavery, and forced 
labor. Extreme poverty and lack of employment were among key risk 
factors supporting human trafficking. Women from the Dominican Republic 
were trafficked into the country for sexual exploitation. Traffickers 
also used the country as a transit point for third-country nationals.
    Several NGOs reported a sharp increase during the year of child 
trafficking for sexual and labor purposes, especially to the Dominican 
Republic and the Bahamas.
    Internal trafficking of children for domestic labor remained a 
significant problem. Rural families sent young children, most often 
girls, to city families as restaveks (``live with'' in Haitian creole) 
in exchange for that child's room and board and, sometimes, school 
fees. While some restaveks received adequate care, many receiving 
families compelled the children to work long hours, provided them with 
little nourishment, and abused them. Most restaveks worked in low-
income homes where conditions, food, and education for nonbiological 
children were not priorities. While difficult to quantify, reports 
estimated that the number of restaveks ranged from 170,000 to 200,000.
    The Government acknowledged the problem of internal trafficking, 
including that of children. The Brigade for the Protection of Minors 
(BPM), a branch of the HNP, investigated cases of child trafficking and 
monitored movement of children across the border with the Dominican 
Republic but faced many barriers to its operational effectiveness. NGOs 
were at the forefront of combating international trafficking of 
children carried out under the guise of international adoptions.
    In general the Government did not provide protection, shelter, or 
assistance to victims and witnesses, but referred victims to NGOs for 
services. Child victims of domestic trafficking living as street 
children in Port-au-Prince streets were so numerous that the BPM did 
not as a matter of routine try to help them. Intergovernmental 
organizations, including the International Organization for Migration, 
were primary providers of services to victims of trafficking. In July 
national authorities, with the support of international aid, returned 
47 trafficked children (between the ages of two and eight) to their 
families in Jeremie, at the southern tip of the country.
    The Government did not sponsor antitrafficking information and 
education campaigns.

    Persons With Disabilities.--There were no reports of discrimination 
by the Government against persons with disabilities in employment, 
education, access to health care, or the provision of other state 
services. However, because of widespread and chronic poverty, a 
shortage of public services, and limited educational opportunities, 
persons with disabilities were severely disadvantaged. The Office of 
Secretary of State for the Integration of Handicapped Persons estimated 
that there were 800,000 persons with disabilities in the country and 
that only 3.5 percent of children with disabilities attended school. 
The secretary of state distributed wheelchairs and implemented an 
awareness campaign. Access for persons with disabilities was limited.

    Other Societal Abuses and Discrimination.--There were no confirmed 
reports of discrimination against homosexuals.
    Societal discrimination occurred against persons with HIV/AIDS, 
particularly women, but educational programs sponsored by foreign 
donors and efforts by HIV/AIDS activists attempted to change that 
stigma.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except 
public-sector employees, to form and join unions of their choice. The 
law also requires that a union must have a minimum of 10 members and 
register with the Ministry of Labor and Social Affairs within 60 days 
of its formation. The law prohibits employers, management, and anyone 
who represents the interests of employers from joining a union. In 
theory unions were independent of the Government and political parties, 
but in practice most unions were extensions of political parties. There 
were nine principal labor federations representing approximately 5 
percent of the labor force.
    The labor code provides for the right to strike, except for 
managers, administrators, other heads of establishments, and public 
utility service workers, and workers exercised this right in practice. 
The labor code defines public utility service employees as essential 
workers who ``cannot suspend their activities without causing serious 
harm to public health and security.''
    Despite the prohibition there were a few public sector strikes, 
usually related to the Government's failure to pay staff on time. 
Doctors and staff struck for weeks in several public hospitals, 
including the central public hospital in Port-au-Prince, demanding back 
pay and better working conditions.

    b. The Right to Organize and Bargain Collectively.--While the law 
protects trade union organizing activities and stipulates fines for 
those who interfere with this right, in practice the Government made 
little effort to enforce the law.
    High unemployment rates and antiunion sentiment among some factory 
workers and most employers limited the success of union organizing 
efforts.
    Collective bargaining was nonexistent, and employers set wages 
unilaterally. The labor code does not distinguish between industries 
producing for the local market and those producing for export. 
Employees in the export-oriented assembly sector enjoyed better than 
average wages and benefits.
    Although workers had access to labor courts established to resolve 
common labor-management disputes, the courts' judgments were not 
enforced. The courts function under the supervision of the Ministry of 
Labor and Social Affairs and adjudicate minor conflicts, but unions 
stated that the process was ineffective. Seven labor courts operated in 
Port-au-Prince, and in the provinces plaintiffs utilized municipal 
courts.
    The law prohibits antiunion discrimination by employers, who are 
liable to pay a monetary fine for each individual violation. The law 
does not specify that employers must reinstate workers illegally fired 
for union activity. Illegally fired workers have the right to recoup 
any compensation to which they are entitled. The Labor Court 
adjudicates all labor disputes, but it was considered weak and 
ineffectual.
    There is one export processing zone (EPZ) in Ouanaminthe, a town on 
the Dominican border. Legislation governing free trade zones provides 
that the labor code apply in the EPZs.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum employment age in all sectors is 15 years, but the minimum age 
for apprenticeships is 14. The law prohibits minors from working under 
dangerous conditions and prohibits night work in industrial enterprises 
for minors under 18. Fierce adult competition for jobs ensured that 
child labor was not a factor in the industrial sector. However, 
children under the age of 15 commonly worked at informal sector jobs to 
supplement family income. Children also commonly worked with parents on 
small family farms, although the high unemployment rate among adults 
kept children from employment on commercial farms in significant 
numbers. There was no legal penalty for families that employed children 
in domestic labor as restaveks, the primary form of child employment. 
Children also worked on the street as vendors or beggars, and 
sometimes, in prostitution.
    Although the Government charged the Institute for Social Well-Being 
and Research with implementation and enforcement of child labor laws 
and regulations, this body lacked funding to investigate exploitive 
child labor cases effectively.

    e. Acceptable Conditions of Work.--The Tripartite Commission of 
Salaried Workers established the legal minimum daily wage, 
approximately 70 gourdes ($1.75). The president appoints the 
commission's six members: two representatives each from labor, 
employers, and government. This wage did not provide a decent standard 
of living for a worker and family. Some workers earned more than the 
minimum wage by working on a piece-rate basis. The majority of citizens 
worked in the informal sector and subsistence agriculture, where 
minimum wage legislation does not apply and daily wages of 15 gourdes 
($0.37) were common. Many women worked as domestic employees, an area 
of work that is also exempted from minimum wage legislation.
    The law sets the standard workday for industrial, commercial, and 
agricultural establishments at eight hours and the workweek at 48 
hours, with 24 hours of rest. It also provides for the payment of 
overtime and prohibits excessive compulsory overtime. However, the law 
grants exemptions to health care, lodging, food and beverage, and 
entertainment establishments; managerial positions; and family 
establishments that employ only family members. The Labor Directorate 
also may grant exemptions for other employers not specifically exempted 
by the law. These laws were not effectively enforced. In addition the 
law is silent concerning public sector employees. Due to staff 
shortages and special events, salaried HNP officers sometimes worked 
12-hour shifts six days per week and received no overtime, although 
they received standardized bonuses at year's end. In severely 
understaffed regions, officers sometimes worked longer hours to serve 
the needs of their communities.
    The law also establishes minimum health and safety regulations. The 
industrial and assembly sectors largely observed these guidelines, but 
the Ministry of Labor and Social Affairs did not enforce them 
effectively. No group collects formal data, but unions alleged that 
job-related injuries occurred frequently in the construction industry 
and public works sectors. Although they have the legal right to do so, 
in practice workers could not exercise the right to remove themselves 
from dangerous work situations without jeopardizing their continued 
employment.

                               __________

                                HONDURAS

    Honduras is a constitutional, multiparty democracy with a 
population of approximately 7.7 million. In 2005 Liberal Party 
candidate Jose Manuel Zelaya Rosales won the presidency in elections 
that were considered generally free and fair by international and 
domestic observers. The Liberal and National parties continued to 
dominate the politics of the country. 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 following human rights problems were reported: unlawful 
killings by members of the police and government agents; arbitrary and 
summary killings committed by vigilantes and former members of the 
security forces; violence against detainees by security forces; harsh 
prison conditions; corruption and impunity within the security forces; 
failure to provide due process of law; lengthy pretrial detention; 
politicization of the judiciary, judicial corruption, and institutional 
weakness; erosion of press freedom; corruption in the legislative and 
executive branches; government restrictions on recognition of some 
nongovernmental organizations (NGOs); violence and discrimination 
against women; child prostitution and abuse; trafficking in persons; 
discrimination against indigenous communities; violence and 
discrimination against persons based on sexual orientation; ineffective 
enforcement of labor laws; 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 reports 
that the Government or its agents committed arbitrary or unlawful 
killings, particularly of youths and children by vigilante groups that 
may have included members of the security forces. Casa Alianza reported 
that at least eight such cases involved security forces. The 
Prosecutor's Office pressed charges in some cases, but there were no 
known convictions during the year, and Casa Alianza had no data 
regarding sentences issued in the case of child and youth murders. The 
Government has a Special Unit of Investigation of Child Murders, but 
the investigative process seldom identified the perpetrators.
    Through August the NGO Casa Alianza reported the killings of 86 
minors under age 18 and 273 youths ages 19-22. Casa Alianza reported 
that more than 78 percent of the killings were committed by unknown 
assailants, 9 percent by acquaintances, 5 percent by private security 
forces, 2 percent by government forces; 8 percent were attributed to 
gang violence.
    Several groups and families of juvenile victims claimed to have 
provided public prosecutors with evidence of collusion between police 
elements and business leaders in perpetrating killings. The Ministry of 
Public Security stated that it investigated individual police officers 
for participation in killings of street youth; however, there was no 
information available on the outcome of the investigations.
    In midyear a Tegucigalpa court dismissed all charges against 
retired colonel Alexander Hernandez Santos, a member of the disbanded 
Intelligence Battalion 3-16, for human rights violations, forced 
disappearances, and assassinations in the 1980s of 184 persons.
    While observers linked some killings of high-profile targets, such 
as environmentalists, labor leaders, attorneys, and politicians, to 
organized crime and narcotics traffickers, other cases were apparently 
politically motivated.
    On July 11, two unknown assailants killed attorney Marco Antonio in 
front of witnesses; he was the 17th legal professional killed up to 
that date.
    In July unknown assailants outside the town of Juticalpa ambushed 
and killed Shamir Guifarro Ramirez, Henry Arturo Chacon, and Nelda 
Ochoa-the son, father-in-law, and mother-in-law, respectively, of 
environmentalist Mario Guifarro, who was himself killed in September 
2007. Guifarro Ramirez was the only witness to his father's killing. 
There were no suspects in either of the Guifarro killing cases. Public 
Ministry investigations identified Yuny Alexander Sanchez, Jorge Tejada 
Pacheco, and Jose Angel Rosa Pacheco as the principal suspects in Mario 
Guifarro's killing and indicated that Mario Guifarro may have had 
illicit business dealings with Rosa Pacheco.
    In the run-up to the November 30 primary elections, there were 
several politically motivated killings, which analysts interpreted as a 
``message'' from organized crime for the Liberal Party and President 
Zelaya in particular to stop maneuvering to remain in power. On 
November 12, vice mayoral candidate Danilo Edgardo Castro Hernandez was 
killed in La Lima. On November 14, Julio Cesar Padilla, Liberal Party 
candidate for mayor of Morazan, Yoro Department, was killed. On 
November 22, masked gunmen killed Mario Fernando Hernandez Bonilla, a 
Liberal Party congressional deputy and one of four congressional vice 
presidents.
    There were developments in several high-profile killings in earlier 
years. On October 14, authorities in Chiapas, Mexico, arrested Rodolfo 
``Fofo'' Humberto Salinas Castejon, a principal suspect in the 2007 
killing of army Captain Alejandro Humberto Zavala, a bodyguard of 
President Zelaya. Salinas Castejon remained in pretrial detention at 
year's end. Investigations also identified as suspects Juan Ramon 
Castejon Mendozo (who died in June 2007) and Darwin Alexander Villalta, 
who remained at large.
    The Public Ministry ordered the arrest of David Portillo in 
connection with the June 2007 killing of Garifuna leader Felix Ordonez 
Suazo in Punta Piedras, Colon Department. Portillo remained at large at 
year's end.
    Authorities identified Carlos Alberto Navas Gonzalez as the 
principal suspect in the November 2007 killing of Regional Red Cross 
President Jose Raul Carranza Soto in Puerto Cortes. There were no known 
developments in the prosecution of the case, but Navas Gonzales 
remained in prison on illegal arms charges. The only witness for the 
case was killed two days after testifying to the police.
    On July 1, a court convicted four policemen of the 2006 killings of 
Heraldo Zuniga and Roger Murillo, two environmentalists working to 
protect the forest in Olancho Province. The policemen, Linton Omar 
Caceres Rodriguez, Rolando Antonio Tejeda Padilla, Juan Jose Talavera 
Zavala, and Jose Arcadio Gonzales, faced sentences of 20 to 30 years' 
imprisonment. However, between July 21 and 24, Caceres, Talavera, and 
Gonzales escaped from prison, and their whereabouts remained unknown at 
year's end.
    On April 29, authorities arrested Italo Ivan Lemus Santos (who had 
just been deported to the country) for the killing of environmentalist 
Carlos Luna in 1998. Other suspects including Jorge Adolfo Chavez and 
the alleged intellectual author, Jose Angel Rosa, remained free, and 
there were no known developments in the prosecution of the case.
    Violent crime continued to fuel the growth of private unlicensed 
security guard services and vigilante groups that allegedly patrolled 
neighborhoods and municipalities to deter crime. Human rights 
organizations asserted that some citizen security councils 
(neighborhood protection groups), as well as private security 
companies, with ties to former and current military or police 
officials, acted with the complicity of police as vigilantes or death 
squads to use lethal force against supposed habitual criminals.
    On June 11, Irene Ramirez, a member of the Aguan Campesino Movement 
(MCA), was killed in Trujillo. She had previously received a number of 
threats from local land owners and large-scale ranchers in the region. 
There were no known developments in the case.
    On August 5, 11 persons were killed in a massacre stemming from a 
land dispute between the family of police official Henry Osortos and 
the MCA in Silin, Colon Department. After the killings, the Government 
reportedly negotiated a payment to the ranchers of over 75 million 
lempira (approximately $3.9 million) to allow the peasants to stay on 
the land, receive legal titles, and obtain permission to construct 400 
new homes. On October 17, authorities arrested Jose Isabel Morales 
Lopez on charges of planning the Silin massacre. According to the 
public prosecutor, 31 other peasants, all members of the MCA, were also 
charged with aggravated arson and the murder of the 11 victims.
    On October 2, 9, and 14, unknown assailants killed three land-
rights activists and community leaders, Fredis Osorto, Elias Murcia, 
and Ubence Aguilar, in the Cofradia sector of Cortes Department.

    b. Disappearance.--Through May 22, authorities reported receiving 
227 cases of disappearances of minors: Some disappearances were thought 
to be criminally-motivated abductions killings, and others were 
attributed to voluntary acts of persons leaving the country for 
employment elsewhere.
    On October 6, Jose Alfredo Guevera, Carlos Lazo and Hector Herrera 
disappeared reportedly after being detained by police officers.
    There was no information, and none was expected, in the 2007 
disappearance of Milton Elias Cardona from his house in Siquatepeque, 
Comayagua.
    There was no information, and none was expected, regarding the 
disappearances in 2006 of Panamanian nationals Jose Camilo Miranda, 
David Rodrigo Villalobos Valladares, and Jorge Luis Villalobos 
Valladares (all last seen in the custody of Roatan police) or of Jorge 
Ruiz Rosales, former advisor of the National Association of Farmers of 
Honduras, and Elvis Zepeda Barrientos, both of whom government 
authorities had detained.
    On December 5, the Government published a decree that created the 
National Reparations Program, which was to consider specific cases of 
deaths and disappearances for reparations; the program directors not 
been named by year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such practices, 
there were instances in which government officials employed them, 
including police beatings and other abuse of detainees.
    On July 23, policemen fatally beat Carlos Enrique Mayorga of Copan. 
Officer Wilson Rubio arrested Mayorga and took him to the local police 
station where five other policemen beat Mayorga on the head, stomach, 
and genitalia before releasing him. Mayorga died hours later at the 
hospital; Rubio was suspended from duty.
    Both Marvin Javier Martinez Bermudez and Jose Santiago Lopez 
Villalobo remained in prison pending trial on charges of killing Judge 
Alba Leticia Bueso. Allegations that security authorities tortured them 
in August 2007 to compel a confession were not confirmed. Two other 
suspects, Ruben Antonio Pineda Hernandez and Olvin Alexander Lopez 
Moreno, involved in the killing of Judge Leticia Bueso remained at 
large.
    In December 2007 the Public Ministry charged five police officers 
for the torture and illegal detention of several members of the NGO 
Lesbian-Gay Rainbow Association of Comayaguela. There were no known 
developments in the case.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh, and prison security was poor. Human rights groups reported that 
prisoners suffered from severe overcrowding, malnutrition, and lack of 
adequate sanitation. On July 11, the Special Prosecutor for Human 
Rights announced an investigation of a basement cell possibly used as 
an inhumane holding cell in the remote village of Villa Vieja; however, 
a Public Ministry investigation determined there was no conclusive 
evidence of torture or human rights violations.
    Prisoners were subject to other abuses, including rape by other 
inmates. Adequate food or other basic necessities were not provided. 
Prison escapes through bribery or other means continued to occur. On 
October 23, the NGO Center for Torture Prevention and Rehabilitation 
reported that seven of 10 inmates were tortured or otherwise abused in, 
or on their way to, prisons and jails. Their report also found that 
municipal and preventative police routinely rounded up vulnerable or 
``delinquent'' youth (for example, gay, lesbian, transsexual, sex 
workers, and drug addicts) without cause or explanation of their 
rights.
    Several prison officials, including Wilfredo Maradiaga Oseguera and 
Aldo Rodolfo Oliva Rodriguez, were under investigation for abusing 
their authority and permitting prisoners illegal furlough privileges.
    Prison disturbances, caused primarily by harsh conditions and 
intergang violence, occurred in the larger facilities of San Pedro 
Sula, Tegucigalpa, and Choluteca. Through October 27, the Ministry of 
Public Security reported that 39 prisoners had been killed while 
incarcerated, in most cases due to rival gang violence.
    Prison authorities attempted to hold prisoners from opposing gangs 
in different facilities or in different areas of the same prison to 
reduce intergang tensions and violence. On April 26, nine prisoners 
died in the San Pedro Sula penitentiary in a riot between common 
criminals and gang members.
    Persons with mental illnesses, as well as those with tuberculosis 
and other infectious diseases, were held among the general prison 
population. Human rights organizations charged that prison officials 
used excessive force against prisoners, including beatings, as well as 
isolation and threats. There were credible reports that security 
officials condoned rapes and other physical assaults on detainees who 
were homosexuals.
    Female prisoners generally were held in separate facilities under 
conditions similar to those of male prisoners but, unlike their male 
counterparts, did not have conjugal visit privileges. At certain lower-
security prisons, women were held with the general population. Children 
up to age two were permitted to stay with their mothers in prison. 
Pretrial detainees generally were held together with convicted 
prisoners.
    While the Government operated four juvenile detention centers, 
minors were sometimes detained with adults.
    Overcrowding remained a problem, as judges tended to place minors 
in detention centers in the absence of other educational or reform 
programs.
    The Government generally permitted prison visits by independent 
local and international human rights observers, and such visits 
occurred during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, but the authorities at times 
failed to enforce these prohibitions effectively.
    The Committee for the Defense of Human Rights in Honduras (CODEH) 
alleged that an undetermined number of security officials had arrested 
arbitrarily, and sometimes tortured, more than two dozen persons, under 
the Government's Operation National program. The program consists of 
sets of different police operatives ordered by the Government to 
monitor the population in different sectors of the major cities.
    Police arrested persons based on such factors as forms of dress and 
types of tattoos.
    On September 29, policemen wearing ski masks allegedly arrested 
Mario Alvarez, Nelson Alvarez, Heliodoro Amador, and Alonso Andino, 
peasant land-rights activists with the Union and Strength Campesino 
Association, in the town of Suntule, Francisco Morazan Department. The 
following day, according to credible media reports, another police 
squad came to the house of the group's Secretary General and forced his 
wife at gunpoint to sign documents that handed over the group's lands 
in 60 days. There was no known investigation.

    Role of the Police and Security Apparatus.--The Ministry of Public 
Security oversees police operations, including those of the Preventive 
Police, Criminal Investigation Division (DGIC), Transit Police, 
Frontier Police, Tourist Police, and Prison Police. Corruption and 
impunity were serious problems within the security forces. The new 
Police Law approved in October restructured the Ministry of Security, 
resulting in creation of an Office of Internal Affairs (IA) answering 
directly to the minister.
    The IA investigates allegations of illegal activities committed by 
members of the police force. The Preventive Police and the DGIC each 
have an office of professional responsibility that conducts internal 
reviews of police misconduct.
    According to the Public Ministry, during the year 312 reports were 
filed against the police with the Special Prosecutor for Human Rights, 
of which 163 cases were investigated and 43 were discovered to have 
merit. The majority of these reports involved excessive use of force, 
unlawful detention, and extortion.
    On April 17, during the march for striking prosecutors, an armed 
man threatened and unsuccessfully attempted to force educational leader 
Sergio Rivera into a vehicle. Witnesses said that the vehicle was full 
of government elite Special Forces agents.
    On June 6, a court found guilty and sentenced 21 of the 43 members 
of the Government implicated in the 2003 ``El Porvenir Jail Massacre"; 
those sentenced included the chief of police of La Ceiba and the police 
commissioner.
    On September 10, after infiltrating an Autonomous National 
University of Honduras (UNAH) union meeting, two plainclothes National 
Police officers were identified and found to be carrying a list of more 
than 130 recognized leaders from various sectors of civil society named 
as ``dangerous'' on the list. The list included the crossed-out name of 
slain labor leader Altagracia Fuentes with the written words ``dead'' 
next to her name.
    The Ministry of Security reported that during the year authorities 
prosecuted 268 police officers for offenses ranging from abuse of 
authority to drug trafficking, rape, and homicide.
    Gang violence and intimidation, notably on public transport, 
remained serious problems and led the Government to station security 
officers on many public buses. In some instances police lethally 
targeted youth and minors, often with impunity.

    Arrest and Detention.--The law provides that police may arrest a 
person only with a court order, unless the arrest is by order of a 
prosecutor, made during the commission of a crime, made when there is 
strong suspicion that a person has committed a crime and may try to 
evade criminal prosecution, or made when the person is caught with 
evidence related to a crime. Police must clearly inform the person of 
the grounds for the arrest and bring a detainee before a competent 
authority within 24 hours. The prosecutor has 24 hours to decide if 
there is probable cause for an indictment, and a judge then has 24 
hours to decide whether to issue a temporary detention order that can 
last up to six days, by which time the judge must hold a pretrial 
hearing to examine probable cause and make a decision on whether 
pretrial detention should continue. The law provides for bail for 
persons charged with felonies and the right of prisoners to prompt 
access to family members. Although the law also provides that prisoners 
have the right of prompt access to a lawyer of their choice and, if 
indigent, to state-provided counsel, these requirements were not always 
followed in practice.
    Lengthy pretrial detention was a serious problem. During the year 
approximately 53 percent of the prison population awaited trial. The 
law mandates the release from prison of any detainee whose case has not 
come to trial and whose time in detention exceeds the maximum prison 
sentence for the crime of which he is accused. Judicial inefficiency 
and corruption and lack of sufficient resources delayed proceedings in 
the criminal justice system. According to the Supreme Court of Justice, 
of 271,000 cases filed with the DGIC in 2007, only 6,000 reached trial. 
Of the 6,000 cases, however, 80 percent resulted in sentences.
    As a result of trial delays, many pretrial detainees already had 
served time in prison equivalent to the maximum allowable for the crime 
for which they were accused. Many prisoners remained in jail after 
being acquitted or having completed their sentences due to the failure 
of officials to process their releases.

    e. Denial of Fair Public Trial.--Although the constitution and the 
law provide for an independent judiciary, the judicial system was 
poorly funded and staffed, inadequately equipped, often ineffective, 
and subject to patronage, corruption, and political influence.
    Low wages and lack of internal controls rendered judicial officials 
susceptible to bribery, and powerful special interests exercised 
influence in the outcomes of court proceedings.
    There are 12 appeals courts, 77 courts of first instance with 
general jurisdiction, and 330 justice of the peace courts with limited 
jurisdiction. The Supreme Court of Justice names all lower court 
judges. The media and various civil society groups continued to express 
concern that the eight-to-seven split between the National and Liberal 
parties in the Supreme Court of Justice resulted in politicized rulings 
and contributed to corruption in public and private institutions.

    Trial Procedures.--The law provides for the right to a fair public 
trial. Although the law provides that the accused is presumed innocent 
and has the right to an initial hearing by a judge, to bail, to consult 
with legal counsel in a timely manner, to have a lawyer provided by the 
state if necessary, and a right to appeal, these rights frequently were 
not observed.
    Although the law prohibits cases from proceeding where a suspect 
lacks legal representation, the Government allocated minimal resources 
to the prosecutors. As a result the public defender was not able to 
meet the demand for legal assistance to those unable to afford 
representation.

    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 seek damages for a cessation of a human rights violation. There were 
no such cases reported during the year.
    CODEH and the NGO Committee on Detained and Missing Relatives were 
the only organizations that brought charges against human rights 
violators by seeking monetary damages. A litigant can bring such 
charges when the criminal court determines that damages may be sought.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the constitution and law generally prohibit 
such actions, a legal exception allows entry at any time in the event 
of an emergency or to prevent the commission of a crime. There 
continued to be credible charges that police personnel occasionally 
failed to obtain the required authorization before entering a private 
home.
    Garifuna and other indigenous rights leaders continued to complain 
that the Government failed to redress previous actions by private and 
public security forces that dislodged farmers and indigenous groups who 
claimed ownership of lands based on land reform laws or ancestral 
titles to property (See Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.-- The constitution and the law 
generally provide for freedom of speech and of the press, and there was 
substantial press freedom in the country. However, there were reports 
of government intimidation of journalists, government takeovers of 
television transmission frequencies, and journalistic self-censorship. 
The law prohibits demonstrators from making statements that could 
incite persons to riot.
    Some journalists acknowledged practicing self-censorship when their 
reporting could challenge the political or economic interests of media 
owners. There were no reports that international media were prohibited 
from operating freely.
    A small number of powerful business magnates with intersecting 
commercial, political, and family ties owned most of the country's news 
media. The Government influenced media coverage of its activities 
through the granting or denial of access to government officials, 
creating a situation in which the media was so closely interrelated and 
linked to the political system that the powerful magnates strongly 
influenced the news agenda and thereby elections and political 
decisions.
    In August the National Commission of Telecommunications (Conatel), 
disregarding a judge's ruling, transferred the rights to broadcast on 
Channel Eight from a private enterprise, Teleunsa, to the Office of the 
President. Earlier in the year, Conatel refused to release the 
broadcast rights of Channel 12 to their owner, the Eldi business firm. 
On November 20, a court ruling ordered Conatel to turn over the 
broadcasting rights to Eldi; however, Conatel had not complied by 
year's end.
    On September 11, NGOs published two reports describing threats to 
media freedom by the practice of ``official publicity.'' The reports 
detailed how the Government guided press coverage through greater 
access and advertising revenue for those producing favorable reporting 
while denying access or making legal threats against those who did not. 
The reports noted that ``official publicity'' had increased and was 
worsened by concentration of media ownership.
    On November 17, President Zelaya announced that he would seek to 
regulate the media through legislative means to counter a ``culture of 
death'' propagated by the media with support of National Congress 
President Roberto Micheletti.
    NGOs reported that the Government also gave substantial sums of 
money to selected members of the media who covered their stories in the 
manner they requested. The Government exerted considerable influence on 
the print media through granting or withholding publicly funded 
official advertisements.
    The news media continued to suffer from venality, politicization, 
and outside influences. According to NGOs, government ministers and 
other high-ranking officials obtained press silence through hiring 
journalists as public affairs assistants at high salaries and paid 
journalists to investigate or suppress news stories.
    Some media members claimed that, when they attempted to report in 
depth on national politicians or official corruption, they were 
occasionally denied access to government information. Access to the 
presidential palace and to the president, especially on international 
visits, was limited to the ``friendly'' press and was arbitrarily 
awarded and withdrawn by presidential palace staff.
    Thelma Mejia, a member of the National Anti-Corruption Council and 
former director of the NGO C-Libre, reported that at least three dozen 
journalists, many of them in rural areas, were subjected to threats and 
intimidation during the year.
    On January 1, two unidentified men shot and killed Jose Fernando 
Gonzales, the owner of Radio Mega in Trinidad, Santa Barbara 
Department. The local press reported that local police had identified 
but had not apprehended the perpetrators.
    In April in Santa Rosa de Copan, Copan Department, reporter Carlos 
Roberto Chinchilla of Channel 12 news and his cameraman, Marlon Dubon, 
received several death threats from two armed men wearing masks, 
warning them that they had five days to get out of town before being 
killed.
    In May the Director of Radio Globo Sandra Maribel Sanchez announced 
that she and her family had received threats and had been repeatedly 
followed by unmarked vehicles due to her support for the prosecutors' 
hunger strike that began on April 7 (See Section 3).
    On October 27, authorities arrested German David Almendarez as a 
suspect in the October 2007 killing of Radio Cadena Voces journalist 
Carlos Salgado. At year's end Almendarez remained in custody at the 
Tamara National Penitentiary awaiting trial.

    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 May National Institute of Statistics Household Survey, 
10 percent of the population had 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, 
and the Government generally respected this right.

    Freedom of Association.--The constitution and the law generally 
provide for freedom of association, and the Government generally 
respected this right in practice. The criminal association law, 
however, prohibits illicit association and prescribes prison terms of 
three to 12 years. Human rights organizations criticized the law and 
its implementation as an undue restriction on the right to associate 
freely, while gay rights advocacy groups expressed concerns that the 
law could be used to criminalize social activities and organizations of 
the gay community. During the year authorities applied the law 
prohibiting illicit associations to arrest individuals for being 
members of Mara Salvatrucha and other gangs. The Government used 
criminal code reforms outlawing illicit association to arrest and take 
land away from suspected gang members, farmers, and persons from 
indigenous communities.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. The Government requires foreign missionaries to obtain 
entry and residence permits.

    Societal Abuses and Discrimination.--There were no reports of 
discrimination or violence against religious groups, including anti-
Semitic acts. There was a very small Jewish population.
    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 does not explicitly prohibit forced internal or external 
exile, but 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 
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. 
Through November 19, the Office of Migration reviewed no applications 
for refugee status. The Government cooperated with the UN High 
Commissioner for Refugees, the International Organization for Migration 
(IOM), and other humanitarian organizations in assisting refugees and 
asylum seekers.
    On November 4, authorities detained eight South Africans with false 
passports at the Guatemala border. The individuals subsequently filed 
for asylum. As of November 20, they remained in jail but were being 
assisted by CODEH while awaiting a decision on their applications.
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 nearly universal suffrage. Active members of the clergy and of the 
military and civilian security forces are not permitted to vote.

    Elections and Political Participation.--In November 2005 Liberal 
Party presidential candidate Jose Manuel Zelaya Rosales won in 
elections, which international observers considered generally free and 
fair. Observers noted irregularities at approximately 1,100 ballot 
boxes but no systemic patterns of fraud. Political parties could 
operate without restriction or outside interference.
    Women participated actively in politics. There were 31 women in the 
128-seat National Congress, and 16 women presided over congressional 
committees. Eight of the 15 members of the Supreme Court of Justice, 
including its president, were women. There were three female 
secretaries of state, six female vice ministers, one female general 
police commissioner, and five female ambassadors.
    There were two Garifuna and one Lenca members of the National 
Congress.

    Government Corruption and Transparency.--The law provides criminal 
penalties for corruption; however, the Government did not implement the 
law effectively, and officials engaged in corrupt practices with 
impunity. The executive and legislative branches were subject to 
corruption and political influence. There was a widespread perception 
that the country's anticorruption institutions had not taken the steps 
necessary to combat corruption and were unwilling or lacked the 
professional capacity to investigate, arrest, and prosecute those 
involved in high-level corruption. The World Bank's worldwide 
governance indicators reflected that corruption was a serious problem.
    Many observers argued that the considerable institutional control 
exercised by the country's elite created the potential for abuse of the 
country's institutions and democratic governance.
    In April a network trafficking Cuban immigrants through the country 
to the United States was identified. At least 15 Cubans allegedly 
received fraudulent work or residency visas from the Honduran consul in 
Havana. In July five of the parties implicated in the scandal resigned, 
including the minister of migration and immigration law, the Secretary 
General of migration, the Secretary General of the Chancellery, and the 
consul in Havana. Investigations by the prosecutor against organized 
crime remained pending at year's end.
    On April 7, four public prosecutors set up tents on the ground 
floor of the congressional building and started a hunger strike to 
protest alleged corruption within the Government. The protest quickly 
gained strength with 40 participants by the end of April; the 
protesters called for an independent audit of the Public Ministry and 
the removal of Attorney General Leonidas Rosa Bautista and Adjunct 
Prosecutor Omar Cerna. Public prosecutors ended their 38-day strike on 
May 14 shortly after the National Congress passed two measures meeting 
many of the strikers' demands.
    On August 11, a court ordered the detention of Guillermo Seamman, 
the former head of the Civil Aeronautical Authority, pending trial for 
39 charges of abuse of authority. Seamman allegedly approved more than 
39 certifications for airline employees, nationals of Peru and 
Venezuela, who had not completed requirements for receiving licenses 
and had entered the country to file the paperwork, as required by law. 
At year's end Seamann had been released pending trial.
    There was no information available on the Supreme Accounting 
Tribunal's investigation into charges made in 2007 that 13 mayors 
misused poverty reduction funds provided by donor countries.
    In August a court found the former mayor of Tegucigalpa, Oscar 
Acosta, guilty of fraud for buying land at an overvalued price without 
a public bid and in September sentenced him to four years in prison, 
but permitted him to pay 14,600 lempiras (approximately $800) to cancel 
the sentence.
    There were no known developments in the anticorruption prosecutor's 
investigation, which began in 2007, of the National Registry of Persons 
for illegally collecting money from persons for birth certificates and 
national identity cards.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
operated in the country, investigating and publishing their findings on 
human rights cases. Government officials generally cooperated with NGOs 
and, with certain notable exceptions, were usually responsive to NGO 
views. In practice government bureaucracy delayed the registration for 
some civil society organizations, including gay and lesbian advocacy 
groups.
    On April 2, an unidentified gunman shot and killed Luis Gustavo 
Galeano Romero, an educator and promoter for the Tocoa, Colon, 
departmental delegation for the National Human Rights Commission 
(CONADEH). Human Rights Commissioner Ramon Custodio petitioned the 
Inter-American Human Rights Commission for help protecting Romero's 
colleagues, and the Ibero-American Ombudsman Organization called for an 
investigation into Romero's killing.
    Throughout the year the Association for a More Just Society (ASJ) 
continued to receive threats. On January 31, authorities arrested Cesar 
Amador, an investigative police agent and former SETECH security 
company employee, and Ramon Solis, a SETECH employee, on charges of 
killing ASJ attorney Dionisio Diaz Garcia in 2006. At year's end the 
two were in custody awaiting trial.
    The Government cooperated with international organizations such as 
the International Committee of the Red Cross, whose representatives 
visited the country several times during the year.
    The National Human Rights Commission, an autonomous government 
institution, was headed by Human Rights Commissioner Ramon Custodio 
Lopez. The commission's director had open access to all civilian and 
military institutions and detention centers and functioned with 
complete immunity and without government or political party 
interference. The Government generally cooperated with, but allocated 
inadequate financial or other resources to, the commission. In March 
Custodio delivered the commission's annual human rights report, which 
criticized the high level of violence in the country. On June 22, 
Custodio warned that the country was becoming a ``narcostate'' and 
stated that there was proof that at least three drug cartels had 
already infiltrated the national police. The legislature was responsive 
to the report's findings. The public placed substantial trust in the 
pronouncements of the commission but was dissatisfied that the 
Government provided the commission with inadequate resources to perform 
its duties effectively.
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 it was not effectively 
enforced. Political, military, and social elites generally enjoyed 
impunity under the legal system; women experienced social and economic 
discrimination.

    Women.--The law criminalizes all forms of rape, including spousal 
rape. With the exception of spousal rape, which is evaluated on a case-
by-case basis, rape is considered a public crime. A rapist can be 
prosecuted even if the victim does not press charges. The penalties for 
rape range from three to nine years' imprisonment, and the courts 
enforced these penalties in practice.
    Violence against women, including systematic killing (femicides), 
became increasingly widespread. The law criminalizes domestic violence 
with two to four years' imprisonment. The only legal sanctions for 
lesser forms of domestic abuse are community service and 24-hour 
preventive detention if the violator is caught in the act. The law 
provides a maximum sentence of three years' imprisonment for disobeying 
a restraining order connected with the crime of intrafamilial violence.
    The Government did not enforce the law effectively with regard to 
domestic abuse. The Public Ministry stated that domestic violence 
accounted for most of the complaints it received and estimated that 
complaints during the year would exceed the more than 8,000 recorded in 
2007. On June 4, the Public Ministry announced it was dedicating 27 
prosecutors to cover the growing trend of femicides.
    While announcing their campaign to bring an end to ``femicides,'' 
the Center of Women's Rights and the Center for Women's Studies 
reported that 171 women had been killed through November 18 and that 90 
percent of the deaths went unpunished.
    The Government worked with CARE and other NGOs to provide 
specialized training to police officials on enforcing the law relating 
to domestic violence. Two facilities, both operated by NGOs, provided 
shelter for battered women. The shelter in Tegucigalpa could 
accommodate 20 women and their families. Additionally, six other 
private centers for battered women offered legal, medical, and 
psychological assistance. There were 61 civil society NGOs grouped 
under the Women's Collective against Violence involved in combating 
violence against women.
    Although adult prostitution is legal and relatively widespread, the 
law prohibits promoting or facilitating for purposes of prostitution. 
Women were trafficked for sexual exploitation and debt bondage.
    The law prohibits sexual harassment in the workplace and provides 
penalties of one to three years' imprisonment. Sexual harassment 
continued to be a problem, but the Government did not effectively 
enforce the law.
    Although the law accords women and men equal rights under the law, 
including property rights in divorce cases, in practice women did not 
enjoy such rights.
    Most employed women worked in lower-status and lower-paid informal 
occupations, such as domestic service, without legal protections or 
regulations. Women were represented in small numbers in most 
professions, and cultural attitudes limited their career opportunities. 
By law women have equal access with men to educational opportunities. 
The law requires employers to pay women equal wages for equivalent 
work, but employers often classified women's jobs as less demanding 
than those of men to justify women's lower salaries. According to the 
National Institute of Statistics 2008 Household Survey, women's 
salaries were 87 percent of those for men. Despite legal protections 
against such practices, workers in the textile export industries 
continued to report that they were required to take pregnancy tests as 
a condition for employment.
    The National Women's Institute develops women's and gender policy. 
Several NGOs actively addressed women's issues, including the Center 
for the Study of Women-Honduras, which dealt with trafficking in 
persons, commercial sexual exploitation, garment factory employees, and 
domestic workers.

    Children.--The Government was committed to children's rights and 
welfare.
    The law provides for free, universal, and compulsory education 
through age 15; however, a 2008 National Institute of Statistics study 
estimated that 59 percent of children ages five to 18 attended some 
type of school or learning center, while 90 percent of those five to 12 
attended school.
    Child abuse was a serious problem. The law establishes prison 
sentences of up to three years for persons convicted of child abuse. 
There was no information available regarding the number of reported 
cases of child abuse.
    Abuse of youth and children in poor neighborhoods and by gangs 
remained a serious problem. Police and members of the general 
population engaged in violence against poor youth and children. Casa 
Alianza reported that 66 percent of street children had been assaulted 
by police. Human rights groups alleged credibly that individual members 
of the security forces and civilians used unwarranted lethal force 
against supposed habitual criminals or suspected gang members, as well 
as against other youths not known to be involved in criminal activity 
(See Section 1.a.).
    Trafficking in children for commercial sexual exploitation and 
child prostitution was a problem. Child labor was a problem, 
particularly in coffee and melon cultivation, fishing, lobster diving, 
and limestone and lime production.
    On August 26, Raul Edgardo Aragon was charged with aggravated 
sexual assault against children. Aragon was the former administrator of 
the New Hope Center that takes care of at-risk youth.
    In August the Education Commission of the National Congress 
announced an official inquiry into the sexual abuse of students by 
professors. There were 10 documented testimonies of these cases in the 
Public Ministry. On December 3, authorities arrested Professor Rene 
Arturo Valderramos for sexually abusing his students.
    On October 31, the Government distributed to the media the names of 
approximately 100 suspects of sexual crimes against children who 
remained at large.
    The law outlaws ``illicit associations,'' including gang and 
organized crime membership, for which it prescribes prison terms 
ranging from three to 12 years. Year-end statistics indicated that 
there were approximately 36,000 gang members, many of them minors. The 
NGO Washington Office on Latin America estimated that gangs were 
responsible for 15 percent of violent crime in the country. Gang 
membership was primarily confined to the Tegucigalpa and San Pedro Sula 
areas.
    The Government and children's rights organizations estimated that 
there were 20,000 street children, only half of whom had shelter. An 
Inter-American Development Bank study reported that 88 percent of 
street children used illegal substances, including glue inhalants and 
marijuana. Many street children were sexually molested or exploited. 
According to the UN Children's Fund, more than 2,700 children emigrated 
unaccompanied during the year.
    The municipal administration of Tegucigalpa operated 12 temporary 
shelters with a capacity for 240 children. Casa Alianza operated three 
shelters (with a capacity for 175 children) for victims of commercial 
sexual exploitation, street children, and children with substance abuse 
problems. The NGO Feed the Children operated a shelter for 40 boys in 
La Ceiba. Casa Alianza estimated that on average 85 to 100 formerly 
trafficked girls (ages 12-17) stayed at their shelters and participated 
in recovery programs. Casa Alianza provided assistance to approximately 
2,500 children yearly, attempting to reintegrate as many as possible 
with their families. Other private organizations and centers of the 
Institute of Children and the Family also housed street children and 
cared for approximately 2,500 children.

    Trafficking in Persons.--Although the law criminalizes trafficking 
in persons, there were reports that persons were trafficked from, 
through, and within the country.
    The country was principally a source and transit country for women 
and children trafficked for the purpose of commercial sexual 
exploitation. Women and children were trafficked to Belize, El 
Salvador, Guatemala, Mexico, and also internally, most often from rural 
to urban settings. Most foreign victims trafficked into Honduras came 
from neighboring countries. During the year the Government returned 
dozens of trafficking victims from Mexico and Guatemala. In the 
Tegucigalpa metropolitan area, an estimated several hundred children 
were victims of commercial sexual exploitation.
    Gangs, organized crime, and human smugglers were reportedly among 
the principal traffickers for purposes of commercial sexual 
exploitation. There were reports that families sold their daughters for 
purposes of trafficking. On February 9, Emilio Fiallos Pina and his 
wife Dora Rutilia Sauceda Fiallos were arrested for allegedly selling 
their nine-year-old daughter to attorney Conrado Zelava Castellon for 
sexual exploitation.
    International trafficking was undertaken by land; the Government 
maintained control of the country's land borders only at specific 
crossings. Trafficking was conducted using valid and forged documents.
    The law sets penalties and defines offenses related to trafficking, 
including incest, lechery, abuse, prostitution, pornography, and 
knowingly infecting someone with HIV/AIDS. Punishments include fines 
ranging from 100,000 to 500,000 lempiras (approximately $5,300 to 
$26,500) and imprisonment for four to 20 years. The law was not 
enforced effectively. Inadequate government funding to combat 
trafficking, corruption, and routine dismissal of government employees 
limited the Government's ability to address trafficking.
    A reorganization in the Special Prosecutor's Office for Children in 
Tegucigalpa assigns antitrafficking responsibilities to one district 
attorney, two lawyers, three Public Ministry investigators, and two 
DGIC agents. In San Pedro Sula, two district attorneys cover 
trafficking issues, while one attorney does so in Choluteca.
    The Division Against Abuse, Trafficking, and Commercial Sexual 
Exploitation, a unit of the criminal investigative police, conducted 
detection operations throughout the country including highways, 
airports, ports, and hotels.
    During the year, 10 sexual exploitation cases were tried in 
Tegucigalpa, and 48 cases remained open. There were 32 formal 
complaints and investigations outside of Tegucigalpa through September.
    On August 26, authorities charged Juventina Alicia Cruz Barahona 
for trafficking an unknown number of women to Guatemala. She was 
convicted and sentenced to a 10-year prison term.
    On November 10, Blanca Azucena Merio Amador and her daughter Gloria 
Floriscelda Varela Amador were arrested for selling minor girls to men 
for sexual exploitation. They were allegedly linked to a much larger 
trafficking operation. While arresting the traffickers, the authorities 
were able to liberate one minor girl who was being sexually exploited.
    The Government referred at least seven child trafficking victims to 
the IOM for repatriation and referred dozens of victims each month to 
both government- and NGO-run shelters for assistance. One child was 
repatriated from Guatemala and six from Mexico; one for commercial 
sexual exploitation and the rest for labor trafficking. In the year 
ending in September, Casa Alianza cared for 245 young girls rescued 
from sexual exploitation.
    Since 2006 the Government has conducted antitrafficking training 
for approximately 7,000 police, prosecutors, and judges and 10,000 
students. The Government also coordinated with NGOs and the IOM to 
place victims in shelters and provide them with reintegration 
assistance. The Intra-Institutional Task Force on Trafficking developed 
a protocol for Assistance to the Victims of Commercial Sexual 
Exploitation, while the Government's Institute for the Family focused 
on reintegrating child victims back into their families and society.

    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, but the Government did not adequately enforce these 
provisions. The illiteracy rate for persons with disabilities was 
estimated at 51 percent, compared with 19 percent among the general 
population.
    Statutory provisions make it illegal for an employer to 
discriminate against a worker based on disability. During the year 
there were no reports of discrimination against persons with 
disabilities in employment, education, access to health care, or the 
provision of other state services. The law requires access to buildings 
for persons with disabilities. In practice few buildings were 
accessible.
    Although the law requires the Ministry of Governance and Justice to 
maintain an office for persons with disabilities, the Government did 
not provide funds or staff to operate the office. There is a 
commissioner for persons with disabilities in the presidential palace, 
and the Human Rights Commission of the National Congress also focused 
on matters of importance to persons with disabilities.
    On October 10, the Honduran Association of Deaf persons marched on 
the Autonomous National University of Honduras to demonstrate against 
their exclusion from the education system, citizen participation, 
dignified work, and the media. The group estimated that approximately 
85 percent of an estimated 75,000 local deaf persons were denied these 
rights.
    Congresswoman Dayana Burke, a Garifuna blinded at the age of 15, 
was the first woman with disabilities to become a member of Congress. 
She advocated reform efforts for the rights of persons with 
disabilities.

    Indigenous People.--Approximately 621,000 persons, constituting 8 
percent of the general population, were members of indigenous and other 
ethnic groups. These groups, including the Miskitos, Tawahkas, Pech, 
Tolupans, Lencas, Chortis, Nahual, Islanders, and Garifunas, lived in 
362 communities and generally had little or no political power to make 
decisions affecting their lands, cultures, traditions, and the 
allocation of natural resources.
    Most indigenous lands were owned communally, providing land use 
rights to individual members of the ethnic community. Indigenous land 
titles often were defined poorly in documents dating back to the mid-
19th century. Lack of clear title fostered encroachment and 
expropriation conflicts among landless nonindigenous settlers, powerful 
business elites, and government entities interested in exploiting 
coastlines, forests, and other lands traditionally occupied or utilized 
by indigenous and other ethnic communities. Indigenous and 
nonindigenous communities criticized the Government's alleged 
complicity in the exploitation of timber and other natural resources on 
these lands. Amnesty International (AI) reported the use of politically 
motivated criminal charges to detain indigenous persons. AI stated that 
these detentions often were intended to ``obstruct the efforts of 
indigenous leaders to secure recognition of their communities' claim to 
communal land titles.''
    There were several protests by Garifuna and other indigenous groups 
regarding land rights disputes and perceived government discrimination. 
Garifuna leaders continued to petition the Government regarding their 
concerns about large-scale commercial development undertaken on coastal 
lands traditionally occupied and utilized by their communities. The 
Government permitted tourism development by private local and foreign 
business interests on the disputed lands, using 100-year leases 
designed to revert to the Garifuna after the expiration of that period 
of time. Garifuna leaders continued to report to the Government and 
NGOs harassment, threats, and assaults.
    In March unknown actors killed two Tolupan youths, Jose Mastul and 
Geovanny Banegas Sevilla, who purportedly belonged to a group dedicated 
to reclaiming the Tolupan tribe's ancestral land. No arrests were made 
in the case.
    On June 5, Garifuna activist Santos Feliciano Aguilar Alvares was 
abducted, beaten, and threatened by 10 private security guards employed 
by a real estate company in San Juan Tela, Atlantida Department. 
Immediately prior to the beating, Santos had participated in a 
community assembly meant to facilitate dialogue between the community 
and the company.
    On June 23, almost 3,000 Maya-Chorti armed with stones and spears 
closed the Copan Ruins to protest the Government's violation of the 
terms of their 1997 land-rights agreement, which, they claimed, 
provided them with only 35 percent of the land they were promised.
    On September 24, armed forces personnel patrolling the Cuero y 
Salado wildlife preserve allegedly shot at eight Garifuna fishermen 
with M-16 assault rifles, killing Guillermo Morales Herrera. The 
Garifuna asserted that the incident illustrated a pattern of 
discriminatory harassment on the part of local officials acting in 
conjunction with business interests aimed at driving the group from 
their traditional lands to permit construction of industrial and hotel 
ventures. Authorities apprehended three of the four soldiers implicated 
in the killing, while the fourth fled the area. Garifuna leaders held 
meetings in October with military leaders who agreed to respect 
traditional Garifuna rights.
    The Government undertook minimal efforts to work with indigenous 
persons to address concerns regarding ownership and use of traditional 
lands. The courts commonly denied legal recourse to indigenous persons 
and often favored nonindigenous parties of means and influence. Failure 
to obtain legal redress frequently led indigenous persons to attempt to 
regain land through invasions of private property, which led the 
authorities to retaliate forcefully.

    Other Societal Abuses and Discrimination.--There are no 
discriminatory laws based on sexual orientation, but in practice social 
discrimination against persons based on sexual orientation was 
widespread. Many NGOs indicated that hate crimes increased, 
particularly during political campaign season when minorities became 
political targets. Representatives of NGOs focusing on sexual diversity 
rights asserted that security forces killed and abused their members. 
In cases where lesbians, gays, and transgender persons were found dead, 
the prosecutor often encountered serious difficulties because the 
victims had either concealed their identity or sexual orientation or, 
in many cases, were hiding from their families.
    Criminal investigations did not recognize a ``transgender'' 
category. Sexual diversity rights groups asserted that security forces, 
government agencies, and private employers engaged in antigay 
discriminatory hiring practices. These groups also reported that 
intimidation, fear of reprisal, and police corruption made gay and 
lesbian victims of abuse reluctant to file charges or proceed with 
prosecutions.
    The Government stopped requiring that, as a condition for legal 
registration, sexual diversity rights organizations remove any 
reference in their bylaws to promoting respect for the rights of gay, 
lesbian, or transgender persons.
    In October transvestite and gay rights groups filed a complaint 
with the Committee on Human Rights asking that authorities remove the 
ban on having national identity card photographs taken with make-up and 
feminine accessories.
    There were multiple killings or attacks on persons presumably 
because of their sexual orientation. The sexual diversity rights 
organization, Lesbian-Gay Rainbow Association of Comayaguela, asserted 
that between January and March, unknown actors killed seven homosexuals 
because of their sexuality and that a number of gay persons had fled 
the country out of fear of social and security-force persecution. On 
October 30, an attacker killed Yasmin, a transgender sex worker in 
Camayaguela, and the following day an attacker shot Bibi, another 
transgender sex worker, in the center of Comayaguela. On December 18, a 
transgender sex worker, Cynthia Nicole, was attacked by three men with 
pipes and clubs after hailing a cab in Comayaguela.
    In March 2007 police beat and detained Donny Reyes, the treasurer 
of the Lesbian-Gay Rainbow Association of Comayaguela. Police then 
reportedly jailed Reyes in a cell with 57 gang members who raped and 
beat him. The only witness to Reyes's initial arrest was killed in 
October 2007. Reyes filed a formal complaint, which at the urging of 
the Supreme Court, Internal Affairs investigated. The investigation 
concluded that, while Reyes had many of the symptoms of being raped, it 
could not definitively determine it took place during his detention. 
During the course of the investigation, the offices of the Lesbian-Gay 
Rainbow Association offices were burglarized, and all archives and 
computers were stolen. Internal Affairs cited five policemen, Nelson 
Daniel Gaitan Sosa, Hill Lainez Nunez, Walker Josue Reyes, Denis Esau 
Cruz Varela, and Walter Cruz Espina, for dereliction of duty.
    There was no reported societal violence or discrimination against 
person with HIV/AIDS.
    On October 17, unknown assailants killed two youths associated with 
the punk subculture ``Emo.''
    Job-related age discrimination remained a serious problem.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
workers to form and join unions of their choice, but in practice 
workers exercised this right with difficulty. The law prohibits members 
of the armed forces and the police force from forming labor unions and 
also prohibits public service employees from presenting union 
organizing petitions or participating in collective bargaining. 
According to MOL statistics, there were 519 unions representing 
approximately 8 percent of the work force, excluding the agriculture 
sector, and as of July approximately 13 percent of the 133,000 apparel 
assembly workforce was unionized.
    The law prohibits coexistence of more than two trade unions at a 
single enterprise, requires 30 or more workers to constitute a trade 
union, prohibits foreign nationals from holding union offices, requires 
that union officials be employed in the economic activity of the 
business the union represents, and restricts unions in agricultural 
enterprises with fewer than 10 employees.
    Union leaders were occasionally subjected to violence and threats. 
On May 23, Julio Paz killed Israel Garcia, leader of the National 
Association of Honduran Farmworkers (ANACH) labor group. The killing 
was motivated by a National Agrarian Institute land-use ruling 
favorable to ANACH.
    On April 23, unknown masked assailants shot to death Altagracia 
Fuentes, Secretary General for the Honduran Workers' Federation, and 
two companions, labor leader Yolanda Sanchez, and their driver, Juan 
Bautista Aceituno. On May 17, Maynor Celin Hernandez Matute, a suspect 
in the shooting, was arrested on an unrelated robbery charge. In April 
the homicide prosecutor's office issued a warrant for the arrest of 11 
car-theft gang members for the killing of Altagracia Fuentes and her 
companions. Gang members were arrested and charged with the killing and 
attempted robbery. Despite these arrests circumstantial evidence 
suggested that organized crime or nefarious elements within the labor 
movement committed the killing.
    The law provides for the right to strike, and workers exercised 
this right in practice. The law prohibits strikes in a wide range of 
economic activities deemed essential services and any others that in 
the Government's opinion affect individual rights to security, health, 
education, economic, or social life.
    The International Labor Organization (ILO) criticized the law's 
denial of the right to strike to workers in the petroleum sector and to 
government workers, other than employees of state-owned enterprises. 
Although civil servants occasionally engaged in illegal work stoppages 
without experiencing reprisals, the MOL has the power to declare the 
protest illegal and dismiss the protesting workers. The legal 
restrictions on strikes include a prohibition on labor federations and 
confederations from calling strikes and a requirement that a two-thirds 
majority of the votes of the total membership of the trade union call a 
strike.
    In September a teachers strike over back wages paralyzed the school 
system and accounted for a loss of more than 40 school days ending 
early October.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and to bargain collectively, but the 
Government did not protect this right in practice. Although the law 
requires that an employer begin collective bargaining once workers 
establish a union, employers often refused to engage in bargaining.
    Although the law prohibits employer retribution for engaging in 
trade union activity, it was a common practice with employers 
threatening to close unionized companies and harassing or dismissing 
workers seeking to unionize. Some foreign companies closed operations 
when notified that workers sought union representation.
    The MOL can reach administrative decisions and fine companies for 
unfair dismissal, but only a court can order reinstatement of workers. 
Employers often failed to comply with court orders requiring them to 
reinstate workers fired for engaging in union activity; failure to 
reinstate workers was a serious problem.
    Although the law prohibits blacklisting, there was credible 
evidence that apparel assembly factory employers blacklisted employees 
seeking to form unions. There were reports of apparel assembly workers 
allegedly fired for union activity who were hired for one or two weeks 
and then dismissed with no explanation. Apparel assembly company 
employees reported seeing computer records that included previous union 
membership in personnel records. Some employers informed previously 
unionized workers that they were unemployable because of their previous 
union activity.
    The Government did not allocate adequate resources to the Ministry 
of Labor (MOL) for labor inspectors to perform their duties. The 
country's labor inspectorate offices did not have financial resources 
to cover travel for inspections and requested that the Government 
provide transport facilities and other necessities to enable inspectors 
to carry out their duties.
    In March the original members of the SitraFHIA union were fired 
without reason and then reinstated by Honduran Foundation for 
Agricultural Investment (FHIA). In the following months, 13 more 
unionists were similarly dismissed without cause while the SitraFHIA 
awaited official registration with the MOL. In July SitraFHIA received 
official registration. In October SitraFHIA was broken by FHIA 
management with nine of the last affiliates remaining on October 1, 
leaving only the president and two members. FHIA allegedly paid the 
affiliates to renounce union membership and return under new nonunion 
contracts.
    On February 8,60 unionists of the Alcoa Factory were unlawfully 
dismissed. The workers were eventually reinstated and given their back 
pay. In July Alcoa Inc. announced it would cease operations at maquila 
plants in El Progreso and Choloma, and on August 22, Alcoa closed those 
plants and dismissed all 1,800 workers. On September 12, the Alcoa 
plant union leader, Lorna Jackson, received death threats in the form 
of text messages and was shot at by two unidentified men. At year's end 
Jackson remained in hiding, and a Public Ministry investigation 
continued.
    On May 12, Honduran Women's Collective filed a report citing the 
Productos San Jose textile factory in San Pedro Sula for human rights 
and labor law violations; it outlined a systematic covering up of work-
related health and injury reports.
    In October Jerzees Choloma, a local subsidiary of Fruit of the 
Loom, closed its plant four months after the plant's union received its 
official registry from the MOL in July. Earlier in the year, workers 
were fired from Jerzees Choloma without reason. In October 
SITRAJERZEES, the newly registered union at the SitraJerzees Plant in 
Choloma, was in the midst of its first collective bargaining 
negotiations when management broke off negotiations and declared that 
the plant would close within six months. Workers alleged that 
management had made more than 100 threats to union members, indicating 
the plant would close if the union was formed.
    The law provides additional restrictions on strikes in the 102 
registered export processing zones (EPZs) and 19 industrial parks 
operating as EPZs. An additional 26 companies that provided services 
for industrial parks had their own free zones, outside the industrial 
parks. In the absence of unions and collective bargaining, several 
companies in the EPZs instituted solidarity associations that, to some 
extent, functioned as company unions for the purposes of setting wages 
and negotiating working conditions. Other EPZ companies used the 
minimum wage to set starting salaries and adjusted wage scales by 
negotiating with common groups of plant workers and other employees 
based on seniority, skills, categories of work, and other criteria.

    c. Prohibition of Forced or Compulsory Labor.--The law generally 
prohibits forced or compulsory labor, including by children; however, 
there were reports of trafficking in children for commercial sexual 
exploitation and of child prostitution. Human rights organizations 
frequently reported that, in the private security and household 
sectors, workers were typically obliged to work more than 60 hours a 
week and only earn the legal limit of 44 hours.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law regulates child labor and provides that minors between the ages of 
14 to 18 cannot work unless authorities determine that the work is 
indispensable for the family's income and will not conflict with 
schooling. The constitution and the law establish the maximum work 
hours for children under age 18 as six hours daily and 30 hours weekly. 
Parents or a legal guardian can request special permission from the MOL 
to allow children between the ages of 14 and 15 to work, so long as the 
ministry performs a home study to ensure that the child demonstrates 
economic necessity to work, and that the child will not work outside of 
the country or in hazardous conditions, including offshore fishing. 
Through September the MOL had authorized 36 child workers and conducted 
28 home visits.
    The law prohibits night work and overtime for minors under age 16 
and requires that employers in areas with more than 20 school-age 
children working at their business facility provide a location for a 
school. In practice the vast majority of children worked without 
ministry permits.
    The Government did not devote adequate resources or inspectors at 
the institutions to follow up, prevent, or monitor compliance of labor 
laws.
    The MOL did not effectively enforce child labor laws outside the 
apparel assembly sector, and there were frequent violations of the 
child labor laws. The ILO expressed concern about the Government's 
decision to appoint child labor inspectors only to offices in 
Tegucigalpa and San Pedro Sula and requested that it comply with the 
legislative requirement to conduct child labor inspections, even by 
using nonspecialized labor inspectors.
    Census results issued in May by the National Statistics Institute 
reported that 13 percent of children ages five to 17 worked, of whom 76 
percent were boys; 74 percent of child labor occurred in rural areas. 
The average monthly wage of a child worker in an urban zone was 2,199 
lempira (approximately $115), compared with 1,471 lempira ($78) in 
rural areas.
    Most working children were employed in agriculture (56 percent); 
others engaged in commercial activities (18 percent), manufacturing (9 
percent), and services (8 percent). Children often worked harvesting 
melons, coffee, and sugarcane or rummaging at garbage dumps; working in 
the forestry, hunting, and fishing sectors; and working as deckhands 
and divers in the lobster industry. Children also peddled goods such as 
fruit, begged, washed cars, and hauled loads. Some were employed in 
limestone and lime production. Children, predominantly girls, also 
worked as domestic servants, where they were sometimes subject to 
maltreatment by third-party employers. Many children worked out of 
economic necessity alongside other family members.
    An international NGO collaborated with several local civil society 
groups in executing a program to strengthen the capacity of the 
Government and civil society to withdraw and prevent children from 
engaging in hazardous labor through the provision of educational 
services.
    The Government conducted social and educational programs to reach 
at-risk children, including a school grant program to provide money for 
school supplies for very poor families, and an alternative schooling 
program using radio and long-distance learning for children in distant 
rural areas with few schools. Government measures had minimal impact on 
diminishing child labor in light of extreme poverty, famine conditions 
in rural areas, and a lack of jobs for school graduates.

    e. Acceptable Conditions of Work.--On December 26, the Government 
announced an 11 percent general increase in the minimum wage to 5,500 
lempira (approximately $290) per month to be effective January 1, 2009. 
The increase put the private sector minimum wage (not including 
agriculture) on par with the public sector minimum wage. In the 
agricultural sector, employers often did not pay the minimum wage.
    The daily minimum wage scale is divided into 10 sectors based on 
the size of the worker's place of employment. The scale ranged between 
55 lempiras (approximately $2.88) for unskilled labor and 135 lempiras 
($7.13) for workers in financial and insurance companies.
    The law prescribes a maximum 40-hour workweek and at least one 24-
hour rest period for every six days of work. The law requires overtime 
payment for hours in excess of the standard, and there are prohibitions 
on excessive compulsory overtime. Employers frequently ignored these 
regulations due to the high level of unemployment and underemployment 
and the lack of effective enforcement by the MOL. There were credible 
allegations of compulsory overtime at apparel assembly factories 
(particularly for women, who comprised approximately 65 percent of that 
sector's workforce), in the private security sector, and among 
household workers. Foreign workers enjoyed equal protection under the 
law.
    The MOL is responsible for enforcing national occupational health 
and safety laws but did not do so consistently or effectively. Worker 
safety standards were enforced poorly, particularly in the construction 
industry, in garment assembly sector, and in agriculture production 
activities. There were complaints that foreign factory managers in EPZs 
and other private industrial facilities failed to comply with 
occupational health and safety regulations. Workers in pineapple 
production and other commercial agriculture enterprises alleged 
blacklisting by employers if they complained to the authorities about 
working conditions. The NGO Honduran Women's Collective reported that 
large numbers of apparel assembly workers had back, neck, and carpal 
tunnel syndrome as well as respiratory (including tuberculosis), 
digestive, and skin diseases. These health problems were attributed to 
air contaminated by fine dust and fabric fuzz, noise, lack of 
ventilation, lack of protective equipment, and extreme temperatures.
    The law does not provide workers with the right to leave a 
dangerous work situation without jeopardy to continued employment.

                               __________

                                JAMAICA

    Jamaica is a constitutional parliamentary democracy with a 
population of approximately 2.8 million. In generally free and fair 
elections in September 2007, the Jamaica Labour Party (JLP) won 32 of 
the 60 seats in the House of Representatives, and JLP leader Bruce 
Golding was sworn in as prime minister. Civilian authorities generally 
maintained effective control of the security forces.
    While the Government generally respected the human rights of its 
citizens, there were serious problems in some areas, including unlawful 
killings committed by members of the security forces, abuse of 
detainees and prisoners by police and prison guards, poor prison and 
jail conditions, impunity for police who committed crimes, an 
overburdened judicial system and frequent lengthy delays in trials, 
violence and discrimination against women, trafficking in persons, and 
violence against suspected or known homosexuals.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--While the Government 
or its agents did not commit any politically motivated killings, there 
were reliable accounts that security forces committed unlawful or 
unwarranted killings during the year.
    The police employed lethal force in apprehending criminal suspects 
on many occasions, which resulted in 224 deaths during the year, a drop 
from the 272 fatal police shootings of civilians in 2007. Many police 
officials attributed the decline in fatalities to the December 2007 
appointment of a new commissioner of police, whom his officers 
perceived as a disciplinarian who would not tolerate police misconduct.
    While complaints of ``police murder'' remained frequent, the 
validity of some allegations was suspect. Well-armed gangs that 
trafficked in narcotics and guns controlled many inner-city 
communities. The gangs often were better equipped than the police force 
and conducted coordinated ambushes of joint security patrols.
    In five killings by security forces during the year, police alleged 
that the victims were carrying firearms and opened fire on them. In 
each of the five cases, eyewitness testimony contradicted the police 
accounts. These cases included the deaths of Fabian Wray, age 24, 
killed October 21; Jehvanie Robinson, age 13, killed September 22; 
Carlton Grant, age 17, killed August 23; Randeen Hall, age 16, killed 
July 29; and Randall Richards, age 18, killed June 24. In all five 
cases, the Bureau of Special Investigations (BSI) continued 
investigating at year's end.
    In the Carlton Grant case, a bystander went to the office of a 
local nongovernmental organization (NGO) to report the incident and 
speak to BSI officials. Three unidentified gunmen carrying high-powered 
weapons entered the premises and kidnapped a person they believed to be 
the witness. The NGO reported the incident to the police commissioner, 
and police recovered the kidnapping victim, who was physically 
unharmed, the same day. The investigation of this incident remained 
pending at year's end.
    The BSI completed its inquiry into the September 2007 shooting 
death of Andre Thomas by police. Authorities charged four police 
officers with murder; the trial was scheduled for January 2009.
    The BSI also investigated the September 2007 police shooting deaths 
of Dexter Hyatt and Tian Wolfe in St. Thomas. Police stated that Hyatt 
fired at them and Wolfe was part of a crowd protesting police treatment 
of Hyatt. Witnesses claimed that police shot unprovoked. The BSI 
submitted its findings to the Director of Public Prosecutions (DPP) in 
November 2007. At year's end the DPP was awaiting further forensic 
evidence before making a determination.
    The BSI reported that the investigation remained open in the police 
killings of four men in Alexandria and one detainee in custody in 2006.
    The case in coroner's court continued against the police accused of 
killing Jeff Smellie in 2005. Witnesses gave evidence at hearings 
through December, but the case was not completed at year's end.
    Police involved in the 2005 killing of Nicholas Weir and Donald 
Allen faced charges in the coroner's court; their trials were in 
progress at year's end.
    As with most criminal cases, it can take many years to bring police 
officers to trial for unlawful killings. The trial of three police 
officers charged in the 2001 killing of Richard Williams continued in 
the circuit court after repeated delays. A new trial date had not been 
set for the three police officers charged in 2003 with the 1999 killing 
of Noel Barnes in a shoot-out with police, after the first trial ended 
with a hung jury.
    Appeals also can take years to process. In October 2007 the Court 
of Appeals granted final leave for attorneys representing the mother of 
Janice Allen, killed by police in 2001, to take her case to the Privy 
Council, but the council had not ruled by year's end. The family had 
appealed the dismissal of the case against the responsible police 
officer.

    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, reports of 
physical abuse of prisoners by guards continued, despite efforts by the 
Government to remove abusive guards and improve procedures.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor, primarily due to overcrowding and poor sanitary conditions. 
Medical care also was poor, primarily a result of having only three 
full-time doctors, one full-time nurse, and one psychiatrist to cover 
13 facilities with 4,790 inmates across the island.
    Men and women were incarcerated in separate facilities under 
similar conditions, except that women's prisons were generally not 
overcrowded.
    Although the law prohibits the incarceration of children in adult 
prisons, some juveniles were held in adult jails because there were no 
juvenile facilities with adequate security. Adults and juveniles were 
segregated in the prison system. The social services agency deals with 
nonviolent youth offenders, who are sent to unsecured halfway houses if 
they are removed from their homes.
    The majority of pretrial detainees were held in police custody 
either in police stations or in remand centers, generally separate from 
convicted prisoners.
    When prisoners raise allegations of abuse by correctional officers, 
the charges are first reviewed by corrections officials, then by an 
inspector from the Ministry of National Security, and finally by the 
police. Authorities file charges against correctional officers for 
abuse if evidence is found to support the allegations.
    In general the Government allowed private groups, voluntary and 
religious organizations, local and international human rights 
organizations, and the media to visit prisons and monitor prison 
conditions, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The law permits the arrest of 
persons ``reasonably suspected'' of having committed a crime. While the 
law prohibits arbitrary arrest, security forces performed ``cordon and 
search'' operations, during which they detained persons and took them 
into custody for processing.

    Role of the Police and Security Apparatus.--The Jamaica 
Constabulary Force (JCF) has primary responsibility for internal 
security and is assisted by the Island Special Constabulary Force. The 
Jamaica Defence Force (JDF) is charged with national defense, maritime 
narcotics interdiction, and JCF support. The JDF has no mandate to 
maintain law and order and no powers of arrest (with the exception of 
the JDF coast guard in the maritime domain) unless so ordered by the 
prime minister. The Jamaica Regiment (JDF infantry forces) was detached 
as part of a joint internal security operation to assist the JCF in 
patrolling certain communities. The prime minister occasionally 
authorized the JDF to cordon and search with the JCF. The Ministry of 
National Security oversees the JCF and the JDF.
    The JCF is headed by a commissioner who delegates authority through 
the ranks to its constables. The force maintains divisions focusing on 
community policing, special response, intelligence gathering, and 
internal affairs. The Anti-Corruption Branch, created in late 2007, has 
responsibility for tackling corruption in the force. The JCF was not 
fully effective in combating crime, and the perception of corruption 
and impunity within the force remained despite a notable increase in 
the number of arrests of officers for corruption. Authorities arrested 
55 rank-and-file officers on corruption-related charges and one senior 
officer for corruption. Trial dates were set for the majority of the 
cases, but none had commenced at year's end. Human rights groups 
identified systematically poor investigative procedures and weak 
oversight mechanisms as factors contributing to corruption.
    The JCF conducted administrative and criminal investigations into 
all incidents involving fatal shootings by police. The JCF's BSI, which 
employed 21 investigators, specifically addressed police shootings. In 
an estimated 672 exchanges of fire between police and civilians in the 
Kingston metropolitan area during the year, more than 500 persons were 
injured. In rural areas, there were 444 such exchanges of fire, with 
more than 160 civilians injured. However, no officer was found 
criminally liable during the year. BSI supplements the civilian Police 
Public Complaints Authority, which oversees investigations by the other 
two bodies and may initiate its own investigations.
    The JCF continued a community policing initiative to address the 
long-standing antipathy between the security forces and many poor 
inner-city neighborhoods. Through a newly established Community Safety 
and Security Branch, the JCF conducted targeted training of 200 
officers in 38 communities, trained community safety officers, and 
assigned JCF officers to targeted schools as resource officers to stem 
school violence. These officers also served as liaisons between the 
students, faculty, parents, and police. With NGO assistance the police 
developed a community policing manual that the police academy used in 
training police officers on citizens' rights and human rights. The 
Government bolstered these efforts through public education.

    Arrest and Detention.--Arrests normally require warrants signed by 
a police officer of the rank of station sergeant or higher; however, 
arrests may be made without warrants. The law requires detained 
suspects to be charged or released within 24 hours of arrest, unless a 
justice of the peace or a resident magistrate grants special 
permission.
    The law also requires police to contact duty counsel (a private 
attorney who volunteers to represent detainees at police stations and 
until cases go to trial), if requested by the detainee upon detention; 
however, authorities continued to wait until after detainees had been 
identified in an identification lineup before contacting duty counsel 
for them. There was a functioning bail system. The state provides 
indigent detainees access to counsel through the legal aid program, and 
detainees were provided with prompt access to family members.
    Although the law requires police to present a detainee in court 
within a reasonable time period, in practice authorities continued to 
detain suspects for lengthy periods (often up to two or three years), 
which the Government attributed to an overburdened court system. 
Magistrates were required to inquire at least once a week into the 
welfare of each person listed by the JCF as detained, but few did so in 
practice.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. However, the judicial system was overburdened 
and operated with inadequate resources.
    The judiciary's lack of sufficient staff and resources hindered due 
process, and the BSI also had a backlog of approximately 960 cases. 
With only 21 investigating officers to cover upward of 30 allegations 
of excessive force per month, the BSI was unable to keep up with the 
caseload. Trials in many cases were delayed for years, and other cases 
were dismissed because files could not be located or had been 
destroyed. A night court continued to operate in an effort to reduce 
the backlog of resident magistrate cases. The Supreme Court used 
mediation through the Dispute Resolution Foundation as an alternative 
to traditional trials, which alleviated some of the civil case backlog 
in that court. The resident magistrate's courts also used alternative 
dispute resolution in limited cases.
    Some criminal trials were dismissed because witnesses failed to 
come forward as a result of threats, intimidation, or murder. Some of 
those who came forward qualified for the witness protection program, 
but many either refused protection or violated the conditions of the 
program. According to the JCF, no participant in the witness protection 
program who abided by the rules of the program was ever killed.
    The court system includes justices of the peace, resident 
magistrate's courts, and the Supreme Court, which has unlimited 
jurisdiction in civil and criminal matters. Defendants have the right 
to appeal a conviction in any of the three trial courts to the Court of 
Appeal, the highest court in the country. The Privy Council in the 
United Kingdom is the final court of appeal.

    Trial Procedures.--Most trials are public and use juries. There was 
a persistent problem seating enough jurors for cases, which contributed 
to the extensive judicial backlog. Defendants are presumed innocent, 
have the right to counsel, and have the right to confront witnesses 
against them. Legal Aid attorneys were available to defend the 
indigent, except those charged with certain offenses under the Money 
Laundering Act or Dangerous Drugs Act. The public defender may bring 
cases for persons who have had their constitutional rights violated. 
Although the Public Defender's Office contracted private attorneys to 
represent clients, funds were insufficient to meet the demand, and such 
attorneys sometimes requested payment from clients.

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

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial civil judiciary process. Complainants may bring human 
rights abuse cases for civil remediation to the courts, but awards can 
be difficult to collect. The civil authority did not always have enough 
money to award each case, resulting in a backlog of awards. There is a 
process to undertake pretrial negotiations between the complainant and 
the state in order to avoid trial.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the constitution prohibits such actions, the 
Constabulary Force Act gives security personnel broad powers of search 
and seizure. This act allows search without a warrant of a person on 
board or disembarking from a vehicle, ship, or boat, if a police 
officer has good reason to be suspicious. In practice the police 
conducted searches without warrants.
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. However, some local media professionals 
expressed concern that the country's libel laws limited their freedom 
of expression. Specifically, news outlets reported the need to self-
censor investigative reports because of the potential for courts to 
award high damages in cases of defamation. Some journalists also stated 
that they censored their political coverage based on fear of violent 
reprisals. The Press Association of Jamaica and the Media Association 
of Jamaica continued to advocate changes in the libel laws, which they 
stated had a ``chilling effect'' on the media's ability to report 
effectively, especially on political 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. 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 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.

    Societal Abuses and Discrimination.--Members of the Rastafarian 
community complained that law enforcement officials unfairly targeted 
them. However, it was not clear whether such complaints reflected 
discrimination on the basis of religious belief or were due to the 
group's illegal use of marijuana as part of Rastafarian religious 
practice.
    There was a small practicing Jewish congregation in the country. 
There were no reports of societal abuses or discrimination, including 
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 law prohibits forced exile, and there were no reports that it 
occurred.

    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, and it handled refugee or asylum cases 
administratively.
    The Government generally 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 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.

    Elections and Political Participation.--All citizens age 18 and 
over have the right to vote by secret ballot. However, in recent 
elections voters living in ``garrison communities,'' inner-city areas 
dominated by one of the two major political parties, often faced 
substantial influence and pressure from politically connected gangs and 
young men hired by political parties. These factors impeded the free 
exercise of their right to vote. During the 2007 national election 
campaign, police placed a moratorium on political gatherings due to 
politically motivated violence. On November 16, at the opposition 
party's annual conference held at the National Stadium in Kingston, an 
altercation between party members turned violent, resulting in the 
shooting death of one person and the wounding of two others.
    In the September 2007 elections, after a legal challenge in one 
district, authorities determined that the JLP won 32 out of 60 seats in 
the House of Representatives. People's National Party (PNP) challengers 
filed four cases against elected parliamentarians who held dual 
nationalities, citing the constitution, which bars from office those 
who have ``sworn allegiance to a foreign power.'' Three of the 
candidates renounced their foreign citizenship. A court ruled that 
regardless of a candidate's current citizenship status, if the 
candidate had retained dual citizenship at the time of running for 
office, the seat could not be retained. In one of the four cases, in 
the West Portland district, a PNP challenger to the elected JLP dual 
national candidate sought to be directly appointed to the parliamentary 
seat, but the court called for a by-election. The JLP candidate, who 
renounced his foreign citizenship after the election in the wake of the 
court ruling, said he would run for office again if necessary. The PNP 
candidate filed an appeal against the by-election requirement; a 
determination remained pending at year's end. All four challenged 
members of parliament continued to hold their seats pending final 
determinations on their respective cases. The other three contested 
cases were unlikely to proceed until the Appeals Court rules in the 
West Portland case.
    There were eight women elected to the 60-seat House of 
Representatives and three women appointed to the 21-seat Senate. Two of 
the 18 cabinet ministers were women.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not implement 
the law effectively, and officials engaged in corrupt practices with 
impunity. The World Bank's worldwide governance indicators reflected 
that government corruption was a serious problem. A 2007 media poll and 
a survey by the Caribbean Policy Research Institute found that the 
public believed more than half of the JCF was corrupt and considered 
nearly 50 percent of all government employees corrupt. After the JCF, 
parish council members and customs officers were seen as the most 
corrupt.
    The Government appointed a new commissioner of customs, with a 
reputation as a reformer, in mid-year. He immediately began to 
reorganize the customs office and move or dismiss personnel suspected 
of corruption. Within his first month in office, customs' revenue 
increased by 25 percent.
    In February authorities arrested the former junior minister of 
energy, mining, and telecommunications and two others and charged them 
with fraud, corruption, and money laundering in connection with a light 
bulb scandal. The JLP government alleged that the previous 
administration, through the Petroleum Corporation of Jamaica, paid more 
than J$114 million ($1.7 million) to two corporations not registered as 
government contractors to distribute and install the four million bulbs 
donated by Cuba. Both firms were incorporated just before the 
distribution program began and never submitted invoices for services 
rendered. The trial, initially set for May, was delayed and expected to 
resume in 2009.
    Although an investigation was undertaken into reports that the PNP 
returned approximately J$31 million ($465,000) allegedly deposited by 
Trafigura, a Dutch company, in 2006 to an account used to pay for the 
PNP's annual conference that year, no results were made public by 
year's end.
    The Corruption Prevention Act requires many government officials to 
file financial declarations; however, reports indicated that more than 
5,000 civil servants failed to file or filed late or incomplete 
financial declarations required under the act. The DPP's office has the 
authority to identify noncompliant officials and send their cases to 
the magistrate's office, but the Government did not levy any fines on 
officials during the year. The Ministry of Justice and the Attorney 
General's Office have overall responsibility to combat official 
corruption, but the various ministries are responsible for their own 
investigations.
    The Access to Information Act provides public access to information 
held by government ministries and agencies. Many agencies reportedly 
delayed providing information and gave incomplete responses, although 
when NGOs pressed on behalf of citizens, the Government did respond to 
such requests.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups and 
other international bodies 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 Independent Jamaica Council for Human Rights was the country's 
only formal organization concerned with all aspects of human rights. 
The NGO Jamaicans for Justice focused on the issues of police impunity, 
extrajudicial killings, and excessive use of force by the police and 
wrote a weekly newspaper column. Many news editorials criticized the 
group, fuelling a public misperception that the organization advocated 
only on behalf of accused criminals.
    The Public Defender's Office brings cases on behalf of those who 
charged that their constitutional rights were violated. The office 
contracted private attorneys to bring suits against the Government on 
behalf of private citizens.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, place of 
origin, political opinions, color, or creed. The Government generally 
enforced these prohibitions in practice, although there continued to be 
widespread discrimination on the basis of political opinion in the 
distribution of scarce governmental benefits, including employment, 
particularly in the garrison communities.

    Women.--Rape was illegal and carried a penalty of up to 25 years' 
imprisonment with hard labor. Spousal rape is not recognized as a 
crime. During the year 774 rapes were reported. NGOs believed the 
actual numbers were much higher, but they could not provide any 
detailed statistics. The JCF rape investigative and juvenile unit, 
which was headed by a female deputy superintendent, handled sex crimes. 
No information was available as to the number of prosecutions and 
convictions obtained.
    Social and cultural traditions perpetuated violence against women, 
including spousal abuse. Violence against women was widespread, but 
many women were reluctant to acknowledge or report abusive behavior, 
leading to wide variations in estimates of its extent. The law 
prohibits domestic violence and provides remedies including restraining 
orders and other noncustodial sentencing. Breaching a restraining order 
is punishable by a fine of up to J$10,000 (approximately $117) and six 
months' imprisonment. There was a general reluctance by the police to 
become involved in domestic issues, which led to cases not being 
pursued vigorously when reported. The Bureau of Women's Affairs 
operated crisis hot lines and shelters and managed a public education 
campaign to raise the profile of domestic violence.
    Although the law prohibits prostitution, it was widespread, 
particularly in tourist areas. Trafficking in women for prostitution 
continued to be a problem.
    There is no legislation that addresses sexual harassment, and it 
was a problem. There were reports of sexual harassment of women by the 
police, but some observers believed that women often did not report 
such incidents because there was no legal remedy.
    Although the law accords women full legal equality, including equal 
pay for equal work, in practice women suffered from discrimination in 
the workplace and often earned less than their male counterparts. The 
Bureau of Women's Affairs, reporting to the minister of development, 
oversaw programs to protect the legal rights of women. These programs 
had limited effect but raised awareness of problems affecting women. 
Women sought jobs and served in almost every occupation in both the 
public and private sectors.
    There was an active community of women's rights groups, including 
Women's Media Watch, the Women's Political Caucus, the St. Peter Claver 
Women's Housing Cooperative, the Women's Construction Collective, the 
Sistren Theatre Collective, Woman Inc., and the Centre for Gender and 
Development Studies at the University of the West Indies. Among the 
major concerns of these groups were the protection of victims of sexual 
abuse, participation of women in the political process, and legislative 
reforms affecting women.

    Children.--The Government was committed to improving children's 
welfare. The Ministry of Education, Youth, and Culture is responsible 
for implementation of the Government's programs for children. In 2007 
the Government established an Office of the Children's Advocate (OCA). 
The office has broad responsibilities for reviewing laws, policies, 
practices, and government services affecting children; providing legal 
services and investigating complaints against the Government; and 
publishing reports and issuing best practice guidelines concerning the 
rights or best interests of children. On October 6, the education 
minister announced that his ministry distributed safety and security 
guidelines to schools to help ensure greater protection of children. He 
also said that officials from the Ministries of Education and National 
Security had begun meeting to identify and implement ``school safe 
zones.'' The minister added that he would confer with police, the Child 
Development Agency (CDA), the OCA, and church and community 
organizations.
    On November 5, the OCA reported it had received 333 complaints 
during the year, conducting some preliminary investigations while 
referring other cases to appropriate government institutions. The OCA 
intervened to have 15 students reinstated in schools, assigned lawyers 
to represent children in 54 court cases, and successfully sought bail 
for 22 minors accused of committing crimes. OCA officials twice met 
with the commissioner of corrections to discuss the treatment of 
children in penal institutions. As a result of the OCA's advocacy, the 
Correctional Services Division began providing psychological 
assessments, medical examinations, and individual and group counseling 
to minors.
    There was no societal pattern of abuse of children; however, there 
were numerous reports of rape and incest, particularly in inner cities. 
NGOs reported that inner-city gang leaders and sometimes even fathers 
initiated sex with young girls as a ``right.'' During the year there 
were 462 cases of carnal abuse reported, a decrease of 9 percent from 
2007. The Government expressed concern about child abuse and 
acknowledged that incidents were underreported. The CDA held training 
sessions to familiarize police officers with the rights of children and 
to prepare them to enforce the Child Care and Protection Act.
    Child prostitution and trafficking for the purpose of sexual 
exploitation were problems.

    Trafficking in Persons.--The law prohibits all forms of 
trafficking; however, persons were trafficked to, from, through, and 
within the country. Most victims were poor women and girls, but also 
increasingly boys, who were trafficked from rural to urban and tourist 
areas for commercial exploitation. Women were reportedly trafficked 
from the Dominican Republic, Russia, and Eastern Europe, while some 
women and girls were trafficked to Canada, the United States, the 
Bahamas, and other Caribbean destinations. Children trafficked within 
the country may also be subjected to domestic servitude and forced 
labor.
    In 2006 the International Labor Organization (ILO) estimated that 
several hundred minors were involved in the country's sex trade. 
Victims were lured by the promise of jobs and education. Some victims 
were trafficked by family members, while others voluntarily answered 
employment advertisements without knowing what the job actually 
entailed.
    The Child Care and Protection Act specifically prohibits the sale 
or trafficking of minors and provides that violators receive the 
maximum penalty under the law. This law subjects convicted traffickers 
to a fine or imprisonment with hard labor for a term not exceeding 10 
years, or both. The Trafficking in Persons Act provides penalties of up 
to 10 years' imprisonment for permitting or facilitating trafficking. 
It also allows for restitution to the victim. Three major crime hot 
lines were available to receive reports of trafficking 24 hours per 
day.
    During the year the DPP convicted two persons for conspiracy to 
traffic in persons. Four additional trafficking cases were pending in 
the courts at year's end.
    The Government's National Task Force against Trafficking in 
Persons, led by the Ministry of Justice, has the lead on all 
trafficking issues. A specialized police antitrafficking unit within 
the Organized Crime Division of the JCF compiles data on trafficking 
investigations and related legal proceedings.
    Law enforcement training taught ways to identify trafficking 
victims and directed police not to charge the victims with crimes such 
as solicitation or pandering. In January the International Organization 
for Migration (IOM) helped repatriate a foreign victim of trafficking 
who had been doing uncompensated domestic work in the home of another 
national from her country. The police trafficking unit, the DPP, and 
the IOM cooperated to assist the victim, who was placed in a women's 
shelter before she was able to return to her country.
    The CDA managed facilities for at-risk children, and the Government 
provided funding to NGOs that worked to reintegrate child laborers who 
were victims of trafficking.
    The Bureau of Women's Affairs integrated trafficking topics into 
its public education program. The IOM worked closely with government 
officials in conducting training and in 2007 published a manual on 
prevention and suppression of trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There were no laws prohibiting 
discrimination against persons with disabilities or mandating 
accessibility for persons with disabilities, and such persons 
encountered discrimination in employment and denial of access to 
schools. Health care and other state services were reported to be 
universally available. Several government agencies and NGOs provided 
services and employment to various groups of persons with disabilities, 
but there was no government agency specifically charged with assisting 
persons with disabilities.

    Other Societal Abuses and Discrimination.--The law prohibits ``acts 
of gross indecency'' (generally interpreted as any kind of physical 
intimacy) between men, in public or in private, which are punishable by 
10 years in prison.
    The Jamaica Forum for Lesbians, All Sexuals, and Gays (J-FLAG) 
continued to report human rights abuses, including arbitrary detention, 
mob attacks, stabbings, harassment of homosexual patients by hospital 
and prison staff, and targeted shootings of homosexuals. Police often 
did not investigate such incidents.
    J-FLAG members also suffered attacks on their property, home 
intrusions as people demanded to know the number of persons and beds in 
a home, and in one instance, a fire bombing at the home of two men that 
left one of them with burns on more than 60 percent of his body. In 
addition homosexuals faced death and arson threats, with some of these 
directed at the J-FLAG offices. J-FLAG did not publicize its location 
due to such threats, and its officials reported feeling unsafe having 
meetings with clients at the organization's office.
    In February a mob broke into the home of four presumed homosexual 
men, killing three of them. The fourth was missing and presumed dead. 
The men had reported being harassed for their perceived sexual 
orientation prior to the fatal attack. Police made some inquiries in 
the case but did not conduct a full investigation or make any arrests 
by year's end.
    The trial of six suspects arrested for the 2005 robbery and murder 
of Lenford ``Steve'' Harvey, initially begun and then postponed in 
2007, was scheduled to recommence in January 2009.
    Male inmates deemed by prison wardens to be homosexual were held in 
a separate facility for their protection. The method used for 
determining their sexual orientation was subjective and not regulated 
by the prison system, although inmates were said to confirm their 
homosexuality for their own safety. There were numerous reports of 
violence against homosexual inmates, perpetrated by the wardens and by 
other inmates, but few inmates sought recourse through the prison 
system.
    Homosexual men were hesitant to report incidents against them 
because of fear for their physical well-being. Lesbian women were 
subject to sexual assault as well as other physical attacks. Human 
rights NGOs and government entities agreed that brutality against 
homosexuals, primarily by private citizens, was widespread in the 
community.
    No laws protect persons living with HIV/AIDS from discrimination. 
Human rights NGOs reported severe stigma and discrimination against 
this group. The ILO worked with the Ministry of Labor on a program to 
reduce the stigma of HIV/AIDS in the workplace and to assist employers 
in designing policies for workers with HIV/AIDS. Although health care 
facilities were prepared to handle patients with HIV/AIDS, health care 
workers often neglected such patients.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form or join a trade union, and unions functioned freely and 
independently of the Government. Approximately 20 percent of the work 
force of 1.2 million was unionized. Some union workers charged that 
private sector employers laid them off and then rehired them as 
contractors with reduced pay and benefits, a practice that was legal as 
long as workers received severance pay.
    The law neither authorizes nor prohibits the right to strike, and 
strikes occurred. Striking workers could interrupt work without 
criminal liability but could not be assured of keeping their jobs, 
although there were no reports of any workers losing their jobs due to 
strike action during the year. Workers in 10 broad categories of 
``essential services'' are prohibited from striking, a provision the 
ILO repeatedly criticized as overly broad.

    b. The Right to Organize and Bargain Collectively.--The law permits 
unions to conduct their activities without interference, and the 
Government protected this right in practice. An independent Industrial 
Disputes Tribunal (IDT) hears cases when management and labor fail to 
reach agreement. Any cases not resolved by the IDT pass to the civil 
courts. The IDT generally handled 35 to 40 cases each year. Most were 
decided within 90 days, but some took longer to resolve due to the 
complexity of the dispute or delays requested by the parties.
    Collective bargaining is denied to a bargaining unit if no single 
union represents at least 40 percent of the workers in the unit in 
question or when the union seeking recognition for collective 
bargaining purposes does not obtain 50 percent of the votes of the 
total number of workers (whether or not they are affiliated with the 
union).
    The law allows for union activity and prohibits antiunion 
discrimination. The law prohibits firing an employee for union 
activity, and employers respected the law in practice. Union organizers 
and members are entitled to full legal protections that were 
effectively enforced.
    Domestic labor laws applied equally to the ``free zones'' (export 
processing zones), but there were no unionized companies in any of the 
three publicly owned zones. Organizers attributed this circumstance to 
resistance to organizing efforts by foreign owners in the zones, 
asserting that there was an unwritten agreement among them to prevent 
free zone workers from participating in trade unions. According to the 
International Trade Union Confederation, unions reported that many 
employers continued to prevent workers from seeking union 
representation. Employer-controlled ``workers' councils'' handled 
grievance resolution in most of these companies but did not negotiate 
wages and conditions, which were set by management.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
specifically prohibit forced or compulsory labor, including by 
children, and there were reports of child prostitution and of children 
trafficked into domestic servitude and forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Child Care and Protection Act provides that children under the age of 
12 shall not be employed except by parents or guardians and that such 
employment may be only in domestic, agricultural, or horticultural 
work. It also prohibits children under the age of 15 from industrial 
employment. The police are mandated to conduct child labor inspections, 
and the CDA is charged with finding places of safety for children. 
However, according to CDA officials, resources to investigate 
exploitive child labor were insufficient. Children under the age of 12 
peddled goods and services or begged on city streets. There were also 
reports that underage children were employed illegally in fishing 
communities, prostitution, and domestic servitude.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage in a transparent process after receiving recommendations from the 
tripartite National Minimum Wage Advisory Commission. The minimum wage 
was J$3,700 (approximately $51) per week for all workers except private 
security guards, whose minimum was J$5,500 (approximately $76) per 
week. The minimum wage did not provide a decent standard of living for 
a worker and family, but most workers were paid more than the legal 
minimum. The Ministry of Labor administered and enforced the minimum 
wage.
    The law provides for a standard 40-hour workweek and mandates at 
least one day of rest per week. Work in excess of 40 hours per week or 
eight hours per day must be compensated at overtime rates, a provision 
that was generally respected, except by some security guard companies. 
The law does not prohibit excessive compulsory overtime, and some 
employees, including security guards, regularly were required to work 
12-hour shifts without overtime compensation. There were differing 
practices among security guard companies, but workers were generally 
not paid for overtime unless they worked more than 12 hours. 
Historically the JCF was exempt from the 40-hour workweek; however, in 
August the Ministry of National Security signed a new work contract 
that included a mandatory 40-hour week, with retroactive lump sum 
payments for overtime worked since April.
    The Ministry of Labor's Industrial Safety Division sets and 
enforces industrial health and safety standards, mainly through factory 
inspections. Insufficient staffing in the Ministries of Labor, Finance, 
National Security, and Public Service contributed to the difficulties 
in enforcing workplace regulations. The Industrial Safety Division 
conducted inspections, investigated accidents, warned violators, and 
gave them a time period in which to correct the violation. If the 
violation was not corrected within that time, the violator was taken to 
court.
    The law provides workers with the right to remove themselves from 
dangerous work situations without jeopardy to their continued 
employment if they are trade union members or covered by the Factories 
Act. The law does not specifically protect other categories of workers 
in those circumstances.

                               __________

                                 MEXICO

    Mexico, with a population of 110 million, is a federal republic 
composed of 31 states and a federal district, with an elected president 
and bicameral legislature. President Felipe Calderon of the National 
Action Party (PAN) was elected in 2006 to a six-year term in generally 
free and fair multiparty elections. The country continued its fight 
against organized crime, which involved frequent clashes between 
security forces and drug traffickers. While civilian authorities 
generally maintained effective control of the security forces, there 
were instances in which elements of these forces, acted independently 
of government authority.
    The Government generally respected and promoted human rights at the 
national level by investigating, prosecuting, and sentencing public 
officials and members of the security forces. However, the following 
human rights problems were reported: unlawful killings by security 
forces; kidnappings; physical abuse; poor and overcrowded prison 
conditions; arbitrary arrests and detention; corruption, inefficiency, 
and lack of transparency in the judicial system; confessions coerced 
through torture; criminal intimidation of journalists leading to self-
censorship; impunity and corruption at all levels of government; 
domestic violence against women, often perpetrated with impunity; 
violence, including killings, against women; trafficking in persons, 
sometimes allegedly with official involvement; social and economic 
discrimination against some members of the indigenous population; 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 were reports that security forces, acting both within and outside 
the line of duty, killed several persons during the year. A significant 
number of these incidents occurred at checkpoints associated with the 
Government's efforts to combat organized crime and often reflected poor 
training.
    On July 11, the National Human Rights Commission (CNDH) issued 
eight recommendations concerning allegations of human rights violations 
committed by armed forces during counternarcotics operations. Three of 
the recommendations dealt with unlawful or arbitrary deprivation of 
life by armed forces members. The military accepted all eight of these 
recommendations and affirmed its commitment to collaborating with the 
CNDH on outstanding investigations. These recommendations related to 
the following cases:
    On January 11, soldiers from the 12th infantry battalion in 
Michoacan allegedly opened fire on a pick-up truck, killing a minor and 
injuring an adult passenger. According to the Human Rights Commission 
in Michoacan, the National Defense Secretariat (SEDENA) awarded civil 
damages to the family of the deceased victim; the criminal case against 
the soldier involved remained under investigation.
    On February 16, soldiers at the gate of a military installation in 
Reynosa, Tamaulipas, opened fire on a vehicle that failed to stop at a 
checkpoint, killing the driver and injuring a passenger. SEDENA assumed 
responsibility for investigating the case; no further information was 
available at year's end.
    On March 26, soldiers at a checkpoint in Badiraguato, Sinaloa, 
allegedly opened fire on a group of civilians, killing four and 
injuring another. On April 11, SEDENA announced the arrest of five army 
officials in connection with the case. No further information was 
available on this case at year's end.
    Separately, the CNDH announced an investigation into an incident 
that occurred on June 8, when military officials in Chihuahua opened 
fire against a vehicle. Allegedly, the vehicle had failed to stop at a 
military checkpoint and ran over a soldier when its brakes failed. As a 
result of this incident, four persons died, including two occupants of 
the vehicle, one soldier, and another civilian who was near the area. 
SEDENA maintained that it had found weapons inside the vehicle and was 
investigating the case at year's end.
    On July 22, soldiers in the state of Aguascalientes shot and killed 
17-year-old Guillermo Soto Garcia as he was traveling in a vehicle with 
three other teenagers. The Aguascalientes Attorney General's Office was 
investigating the case at year's end.
    The military had not completed an investigation of the June 2007 
incident in which army soldiers allegedly shot and killed a civilian 
family of five at a checkpoint in Sinaloa. At year's end 19 soldiers 
remained in custody and were being held pending trial in a military 
court.
    The state and federal investigations into allegations of official 
abuses or killings related to the 2006 political conflict in the state 
of Oaxaca, which directly or indirectly caused an estimated 26 civilian 
deaths, continued at year's end.
    Four municipal police officers remained in custody on charges 
related to the 2006 death of Jose Gabriel Velazquez Perez in Chiapa de 
Corzo, Chiapas.
    President Calderon remained committed to dismantling the country's 
narcotics trafficking cartels. The Government mobilized more than 
27,000 army troops and federal policemen in joint operations against 
drug traffickers in 10 states. According to the Attorney General's 
Office, rival drug cartels killed approximately 6,262 persons. SEDENA 
estimated that at least 522 civilian law enforcement and military 
personnel were killed in the context of fighting organized crime.

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances. In several cases of reported disappearances, 
police had detained the missing persons incommunicado for several days. 
As in previous years, there were credible reports of police involvement 
in kidnappings for ransom, primarily at the state and local level. On 
April 1 the Inter-American Commission on Human Rights announced its 
decision to forward to the Inter-American Court of Human Rights for 
consideration the case of Rosendo Radilla Pacheco, a man who was a 
community leader of the Atoyac community in the state of Guerrero when 
he was allegedly detained by the military in 1974 and disappeared.
    On April 24, members of the Popular Revolutionary Army (EPR) 
requested a dialogue with the Government to discuss its investigation 
into the disappearance of two EPR members in 2007. Authorities created 
a commission consisting of academic and nongovernmental organization 
(NGO) representatives identified in the EPR communique. In August this 
commission urged the Government to deepen its investigation into the 
disappearances.
    Kidnapping remained a serious problem for persons of all 
socioeconomic levels. The Federal Attorney General's Office (PGR) 
registered 326 kidnappings committed throughout the country during the 
first five months of the year. Many cases continued, however, to go 
unreported, as families negotiated directly with kidnappers. The number 
of reported cases to authorities was believed to be far less than the 
actual number of kidnappings.
    In June individuals kidnapped and killed Fernando Marti, the 14-
year-old son of a prominent businessmen and his bodyguard when they 
were stopped by armed men dressed as federal police officers. On August 
1, Fernando Marti's body was found in the trunk of a car. On September 
8, authorities arrested three individuals in connection with the crime, 
two of whom were current or former members of federal police units.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other cruel, inhuman, or 
degrading treatment and stipulates that confessions obtained through 
illicit means such as torture are not admissible as evidence in court; 
similarly inadmissible is any confession made directly to police. To be 
admissible a confession must be formally recorded before a prosecutor 
with the acknowledgement that it is being made voluntarily and after 
examination by a doctor confirming that the person has not been 
subjected to physical abuse. On June 17, President Calderon signed 
legislation containing a number of constitutional amendments to pave 
the way for far-reaching justice system reform. The reform legislation 
requires that confessions need to be made before a judge, thus 
providing for a substantially more transparent judicial process with a 
diminished reliance on confessions.
    The Government took steps to implement preventive measures against 
the practice of torture, including applying, at the federal level, the 
Istanbul Protocol, which contains guidance on investigating and 
documenting torture and other abuses. The National Mechanism to Prevent 
Torture, created in 2007, has authority to visit detention centers 
nationwide. From September 2007 to February 2008, representatives of 
this office visited more than 100 law enforcement facilities, including 
prisons and detention centers. Officials in 29 federal entities were 
trained by the PGR in the use of a medical and psychological 
certification process; as of 2007 SEDENA had provided training to 702 
individuals through 20 courses on specialist medical examination of 
victims of torture and abuse.
    Nonetheless, cruel treatment and physical abuse in particular 
continued to be a serious problem, particularly among state and local 
law enforcement elements. During the year the CNDH received 588 
complaints of cruel and/or degrading treatment and 21 torture 
complaints, compared with 395 complaints of cruel and/or degrading 
treatment and four torture complaints in 2007. While law enforcement 
officials were punished for lesser offenses, human rights groups, who 
linked physical abuse to the pervasiveness of arbitrary detention, 
maintained that no official had ever been convicted of torture, giving 
rise to concern about impunity. Despite the law's provisions to the 
contrary, police and prosecutors often attempted to justify an arrest 
by forcibly securing a confession to a crime. The CNDH and NGOs also 
expressed concern about alleged human rights abuses committed by some 
military units deployed in counternarcotics operations and cited 
several incidents implicating military units in killings, illegal 
searches, rapes, and arbitrary detentions of individuals.
    On March 31, army soldiers in Ciudad Juarez detained local police 
officers and took them to a local army base without providing any 
explanation. The police alleged that nine female officers were 
blindfolded and undressed in front of members of the military at the 
base. In July the Chihuahua state attorney general filed a complaint 
with SEDENA and the PGR on behalf of the alleged victims. No further 
information was available at year's end.
    Five of the eight recommendations the CNDH issued on July 11 and a 
separate recommendation issued on November 28 involved six previously 
unreported 2007 allegations of arbitrary detention and physical abuse 
committed by soldiers in the states of Michoacan and Sinaloa.
    The CNDH was also investigating allegations that three individuals 
detained by federal authorities in connection with the September 15 
grenade attack in Morelia, which killed eight civilians, had been 
mistreated while in custody.
    Although SEDENA accepted the CNDH's recommendation and agreed to 
investigate, there were no developments in a May 2007 case involving 
arbitrary detention and alleged torture of seven adults and one child 
by military officials at a military base in Michoacan.
    There were no developments in the investigation by a National 
Supreme Court (SCJN) commission into the use of force by federal and 
state police forces during the 2006 confrontation in Oaxaca. According 
to one NGO, three individuals remained under detention dating back to 
the first series of Oaxacan disturbances between May 2006 and July 
2007.
    With respect to the 2006 San Salvador Atenco confrontation between 
local vendors and state and federal police agents in Mexico State 
during which two individuals were killed and upwards of 47 women were 
taken into custody with many allegedly raped by police officials, the 
Special Prosecutor for Crimes against Women initially reported the 
indictment of 21 policemen, of whom 15 were expelled from the police 
force and six remained under investigation. On September 23, a superior 
court called for the dismissal of a 16th policeman, Doroteo Blas 
Marcelo, and ordered him to pay damages to one of the victims. The 
other five policemen were charged with abuse of authority and faced 
criminal proceedings.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor. During the year the CNDH and other NGOs reported that corruption, 
overcrowding, alcoholism, and drug addiction were prevalent in most 
facilities. Health and sanitary conditions were poor, and most prisons 
did not offer psychiatric care. Poorly trained, underpaid, and corrupt 
guards staffed most prisons. Authorities occasionally placed prisoners 
in solitary confinement for indefinite periods; prisoners often had to 
bribe guards to acquire food, medicine, and other necessities. Prison 
overcrowding continued to be a common problem. In August the Senate's 
Commission of Public Security estimated 218,000 prisoners occupied the 
country's 441 penal facilities, approximately 30 percent above 
capacity.
    Inmates in many prisons exercised significant authority, displacing 
prison officials and creating general insecurity, leading to inmate 
deaths, often at the hands of other prisoners. During the year at least 
five killings and a suicide occurred nationwide among the federal 
prison population. In September two prison riots in Tijuana, the first 
provoked by reports that guards had allegedly beaten to death one of 
the detainees, resulted in the death of 20 prisoners. Three officials 
in charge of the penitentiary system in the state, including the head 
of the Tijuana Prison, were removed.
    Pretrial detainees were routinely held together with convicted 
criminals. The CNDH noted that conditions for women prisoners were 
inferior to those for men, particularly for women who lived with their 
children in prison. There were anecdotal reports of sexual abuse of 
women while in detention, although there were no authoritative studies 
on the scope of the problem.
    The Government permitted independent monitoring of prison 
conditions by human rights organizations. The International Committee 
of the Red Cross (ICRC), the CNDH, and state human rights commissions 
visited detainees during the year. The CNDH reported making 240 prison 
visits during the year: 97 in response to complaints, 43 in response to 
requests from local human rights organizations, and 100 in conjunction 
with the National Mechanism to Prevent Torture. Separately, the CNDH 
opened 357 complaint cases based on concerns about human rights 
violations against prisoners, ultimately confirming 126 of the 
complaints.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention as well as sponsoring or covering up an illegal 
detention; however, security forces often ignored these provisions.

    Role of the Police and Security Apparatus.--The federal, state, and 
municipal police forces included approximately 500,000 agents. At the 
state and local level, police are generally divided into ``preventive'' 
and ``judicial'' police. Preventive police maintain order and public 
security and generally do not investigate crimes. Judicial police serve 
as the investigative force under the authority and direction of the 
public ministries (prosecutors' offices).
    Similarly, at the federal level, uniformed officers, such as those 
who patrol the federal highways, have been under the command of the 
Secretary of Public Security (SSP), while investigating agents have 
been part of the PGR. The justice sector reform legislation passed in 
June called for a unified, centralized command structure of all federal 
police agencies under the SSP, but the legislation had not been 
implemented at year's end. The military is responsible for external 
security but also has significant domestic security responsibilities, 
particularly in combating drug trafficking and responding to natural 
disasters.
    Corruption continued to be a problem, as many police, particularly 
at the state and local level, were involved in kidnapping, extortion, 
or providing protection for, or acting directly on behalf of, organized 
crime and drug traffickers. Impunity was pervasive and contributed to 
the continued reluctance of many victims to file complaints. 
Responsibility for investigating federal police abuse falls under the 
purview of the PGR and the Secretariat of Public Administration, 
depending on the type of offense.
    The Congress enacted legislation establishing a four-year deadline 
to vet all of the country's 2,500 police forces. By year's end the 
Government's anticorruption effort, Operation Cleanup, resulted in the 
arrest of Rodolfo de la Guardia Garcia, a former top official from the 
Federal Investigative Agency (AFI); Ricardo Gutierrez Vargas, AFI's 
director for international police affairs and head of Interpol in the 
country; and Noe Ramirez Mandujano, the former head of the PGR's 
Organized Crime Office (SIEDO).
    The constitution provides for military jurisdiction for crimes and 
offenses against military discipline. In cases in which a member of the 
military is arrested by civil authorities, the military may request the 
immediate transfer of the case to military jurisdiction. Many NGOs 
maintained that human rights abuse cases involving military personnel 
were not handled transparently by the military justice system, giving 
rise to concerns about impunity in these cases.
    The CNDH also can receive complaints, but its recommendations are 
nonbinding and carry no legal weight unless a government entity 
formally accepts the recommendation, in which case it is legally bound 
to take appropriate action. A similar mechanism exists with respect to 
the state human rights commissions, which maintain autonomy from the 
CNDH.
    The CNDH provided human rights training for security and military 
forces, and the Government continued professional training of its law 
enforcement officials. In 2007 SEDENA held 15 courses to train 1,066 
personnel on human rights and international humanitarian rights and 
engaged an additional 59,880 personnel in 284 conferences on the same 
topics. Additionally, SEDENA routinely included in its operations 
directives to promote respect for human rights during operations.
    In the first six months of the year, SEDENA recruited 723 women-
four times the number recruited during the same period in 2007. In 
January SEDENA created the Directorate General for Human Rights to 
promote greater respect for human rights and address complaints by 
public entities and international organizations; its responsibilities 
include responding to requests from the CNDH regarding procedures and 
providing status reports on SEDENA's implementation of the CNDH 
recommendations. Human rights NGOs, however, complained about a lack of 
access to the new directorate and maintained it had done little to 
improve SEDENA's transparency on cases of human rights abuse.
    During the year the SSP worked closely with the ICRC to train and 
certify federal officials on international standards of human rights. 
Additionally, SSP officials also conducted human rights training and 
workshops in conjunction with the International Organization for 
Migration, the CNDH, and experts from the International Criminal Court. 
In April the SSP began implementing Plataforma Mexico in coordination 
with the National Autonomous University of Mexico. Plataforma Mexico 
enhanced law enforcement information exchanges among police and 
provided distance learning training in the area of human rights to 
federal police officers throughout the country. PGR officials estimated 
10,000 federal police officers had been trained through this 
initiative. The CNDH also provided human rights training to 6,757 
military personnel.
    On August 21, President Calderon met with the mayor of Mexico City, 
31 state governors, senior legislators, judicial officials, and civil 
society leaders to reach agreement on a 75-point package of security 
measures to fight crime. In the following months, the Government took 
steps to purge the security forces of senior-level corrupt officials, 
secure a significant increase in the security budget, and win approval 
of penal code reform legislation.

    Arrest and Detention.--Judicial reform legislation enacted on June 
17 provides that defendants are innocent until proven guilty. In most 
cases persons must be presented to a judge, along with sufficient 
evidence to justify their continued detention, within 48 hours of their 
arrest. In organized crime cases (involving three or more persons who 
organize themselves for the purpose of committing certain crimes), 
suspects may be held for up to 96 hours before being presented to a 
judge. However, recognizing the complex nature of organized crime, the 
legislation stipulates that certain suspects may be held under house 
arrest for up to 80 days, with the approval of a judge, prior to the 
filing of formal charges. Human rights NGOs maintained that this form 
of pretrial detention violates due process, facilitates torture, and 
could potentially be applied to social movements.
    The law provides time limits within which an accused person must be 
tried. However, due to caseloads which far exceeded the capacity of the 
current system, such time limits were often disregarded. In addition 
pretrial release on bond is only available in cases in which the 
charges are not considered a serious crime. As a result lengthy 
pretrial detention remained a problem, with the media reporting that 
accused persons were sometimes held several years without a trial.
    While detainees were usually allowed prompt access to family 
members and to counsel, there were complaints that, in some cases, 
police held persons incommunicado for several days made arrests 
arbitrarily and without a warrant. The CNDH received 864 complaints of 
arbitrary detention during the year.
    In December the Guerrero State Human Rights Commission traced the 
abductions of three union organizers to the Attorney General's Office 
in Acapulco.
    Also in December Amnesty International issued an alert conveying 
concern about the safety of Javier Torres Cruz, a member of a 
grassroots environmental NGO in Guerrero, who had allegedly been 
abducted and released earlier in the month by military personnel.

    e. Denial of Fair Public Trial.--Although the judiciary is 
independent, weaknesses in the system make court decisions susceptible 
to improper influence by both private and public entities, particularly 
at the state and local level. Corruption, inefficiency, and lack of 
transparency continued to be major problems in the justice system. 
Criminal elements also attacked members of the judicial system. The 
federal court system consists of the Supreme Court, 91 circuit courts 
of appeal, 49 courts of appeal, and 185 district courts. State judicial 
systems consist of trial-level courts and appeals courts with 
jurisdiction over family, criminal, civil, and administrative matters.
    The investigation into the 2006 slaying of federal Judge Rene 
Hilario Nieto Contreras in Toluca continued at year's end. Judge Nieto 
had handled cases involving the Gulf and Juarez cartels.

    Trial Procedures.--The legal system is a hybrid system. While it 
incorporates some aspects of common law and accusatory-style systems, 
it draws primarily from traditional European code-based, inquisitorial 
systems. A typical trial consists of a series of fact-gathering 
hearings during which the court receives documentary evidence or 
testimony. A judge in chambers reviews the case file and then issues a 
final, written ruling. The record of the proceeding is not available to 
the general public; only the parties involved have access to the 
official file, but only by special motion.
    The law provides for the right of the accused to attend the 
hearings and challenge the evidence or testimony presented, and the 
Government generally respected these rights in practice. In most cases 
court hearings were open to the public.
    While the law provides defendants with the right to an attorney at 
all stages of criminal proceedings, in practice this only meant that 
authorities had to appoint a ``person of confidence,'' who was not 
required to meet any particular legal qualifications, to represent a 
defendant. The public defender system was not adequate to meet demand, 
especially at the state level. Public defender services were placed 
either in the judicial or executive branch; there were no autonomous 
public defender services. According to Amnesty International, most 
criminal suspects did not receive representation until after they were 
placed under judicial authority, thus making individuals vulnerable to 
coercion to sign false statements before being presented to a judge.
    Although the law provides for translation services from Spanish to 
indigenous languages to be available at all stages of the criminal 
process, this generally was not done. Indigenous defendants who did not 
speak Spanish sometimes were unaware of the status of their cases, and 
some suspects were convicted without fully understanding the documents 
they were required to sign.
    Despite enactment of judicial reform legislation on June 17, judges 
reportedly continued to allow statements coerced through torture to be 
used as evidence against the accused, a practice particularly subject 
to abuse because confessions were often the primary evidence in 
criminal convictions (See Section 1.c.). NGOs asserted that judges 
often gave greater evidentiary value to the first declaration of a 
defendant, often given in the absence of legal representation. This 
provided prosecutors an incentive to obtain an incriminating first 
confession and made it difficult for defendants to disavow such 
declarations. For their part law enforcement officials complained that 
defendants frequently made baseless claims of coerced confessions as a 
way to win acquittal.
    The justice reform that the president signed into law in June also 
facilitates transition to an oral trial system, establishes strict 
guidelines on the use of confessions, allows consensual monitoring of 
telephone calls, and gives police more responsibility for conducting 
investigations. The reform stipulates that all hearings and trials must 
be conducted by a judge and under the principles of public access, 
immediacy, confrontation, and cross-examination, promoting greater 
transparency and allowing defendants to challenge their accusers. 
Constitutional reforms associated with the new justice system were 
ratified by the congresses of 24 states. All state and federal 
jurisdictions must conform to the new judicial system and implement 
oral trial procedures within eight years. Criminal procedural codes in 
the states of Chihuahua, Oaxaca, Zacatecas, Northern Baja California, 
and Morelos already permit oral trials for all crimes.

    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 seek damages for a human rights violation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the law prohibits such practices and requires 
search warrants, authorities occasionally disregarded these provisions. 
The CNDH received 952 complaints of illegal searches through December 
15.
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 majority of newspapers and television and radio 
stations were privately owned, and the Government had minimal presence 
in the ownership of news media.
    While federal legislation eliminated criminal defamation, libel, 
and slander, journalists remained vulnerable to threats of imprisonment 
at the state level because most states have criminal libel laws that 
are not superseded by federal law.
    Despite Federal Government support for freedom of the press, many 
journalists worked in a dangerous environment. Reporters covering the 
various organized criminal organizations and associated corrupt public 
officials acknowledged practicing self-censorship, recognizing the 
danger investigative journalism posed to them and to their families.
    According to local NGOs, only 30 percent of attacks against 
journalists were reported to authorities, of which only 13 percent 
resulted in a trial. The PGR's Office of the Special Prosecutor for 
Crimes Against Journalists (FEADP) accepted jurisdiction over 248 cases 
since its creation in 2006. FEADP estimated that of the complaints it 
received from journalist or media outlets, 63 percent involved threats 
from private citizens, 21 percent from organized crime elements, and 16 
percent from public officials. During the year six journalists were 
killed and three disappeared. NGOs called on the Government to 
strengthen FEADP and provide it greater resources.
    Prominent cases involving journalists included the following:
    On April 7, Felicitas Martinez and Teresa Bautista, reporters and 
commentators on a community radio station in rural Oaxaca, were shot 
and killed. Residents of their community blamed members of the local 
political party Popular United Party for the killing. An investigation 
into the case by FEADP continued at year's end.
    On June 19, police officers in the Benito Juarez Municipality of 
Nuevo Leon allegedly attacked six print and broadcast reporters 
covering a demonstration against the local government. Two police 
officers and one civilian were detained in connection with this case. 
An investigation into the case continued at year's end.
    On September 15, Federal Preventive Police (PFP) opened fire on 
journalist Carlos Solis Reina and his companion, Luis Alberto Salas, as 
they were driving in Matamoros, Tamaulipas. The gunfire hit and killed 
a young girl in the vicinity. The two were arrested for the girl's 
death; they alleged that they were tortured on the way to SIEDO 
offices. Solis had recently published an article critical of the 
federal police.
    On November 13, Armando Rodriguez, a veteran police reporter with 
the newspaper El Diario, in the border city of Ciudad Juarez, was shot 
to death outside his home. One of the last stories Rodriguez covered 
was the prior week's discovery of a decapitated body hung from a bridge 
in Juarez.
    An investigation continued at year's end into the April 2007 death 
of Amado Ramirez, an Acapulco-based correspondent for Televisa and 
Radiorama. A suspect detained in 2007 remained imprisoned at year's 
end.
    In September the CNDH issued a report criticizing the federal and 
Oaxacan state investigations into the 2006 killing of journalist 
Bradley Will, who was covering the Oaxaca disturbances when an unknown 
assailant shot and killed him. The CNDH's report implicated Oaxacan 
state police officials. Meanwhile, on October 16, the Government 
arrested three individuals for Will's killing, charging Juan Manuel 
Martinez as the gunman and Octavio Perez and Hugo Jarid Colmenares 
Levya with helping to cover up the crime. Perez and Colmenares Leyva 
were released on bail on October 18. A judge ruled separately there was 
sufficient evidence to detain Martinez pending trial.

    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 Telecommunication Union reported that in 2007 there were 
21 Internet users per 100 inhabitants.

    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. Groups that wish to meet in public 
areas must inform local police authorities in advance. Organized, 
peaceful demonstrations occurred frequently throughout the country. 
Several times during the year demonstrators clashed violently with 
police, and subsequent arrests led to complaints of arbitrary 
detention, use of excessive force, physical abuse, rape, and sometimes 
killings.
    An October 3 confrontation between protesters and federal and state 
police in the state of Chiapas allegedly resulted in the deaths of six 
individuals and injury to 17 others. Protesters had taken control of 
Lagos de Monte Bello National Park in Chiapas and held 36 police 
hostage. As a result of the investigation by the Chiapas Ministry of 
Justice, the police officials involved were charged with criminal 
offenses ranging from abuse of authority to aggravated homicide.
    In June the Government signed an agreement with the ICRC on 
training and certification of Interior Ministry personnel in such areas 
as the legitimate use of force, the use of firearms, and arrest and 
detention.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice. Although 
social, cultural, and economic disputes sometimes took on religious 
overtones, particularly in the south, there were no reports of 
religious-based conflicts within or among communities during the year. 
However, poor enforcement mechanisms, local land disputes, and family 
traditions contributed to discrimination against some religious groups, 
especially in the south.
    The constitution bars members of the clergy from holding public 
office, advocating partisan political views, supporting political 
candidates, or opposing the laws or institutions of the state.
    Religious associations must register with the Government to apply 
for official building permits, receive tax exemptions, and hold 
religious meetings outside their places of worship. Although the 
Government may reject applications because of incomplete documentation, 
the registration process was routine.

    Societal Abuses and Discrimination.--In the central and southern 
regions, some leaders of predominantly Catholic indigenous communities 
regarded evangelical groups as unwelcome outside influences and as 
economic and political threats. These leaders sometimes ordered or 
acquiesced in the harassment or expulsion of individuals belonging 
chiefly to Protestant evangelical groups. Whether a group was displaced 
forcibly or left voluntarily to avoid harassment, it often found itself 
living on the outskirts of another local community in circumstances 
even worse than the extremely poor conditions common to the region.
    If parties present a religious dispute to the General Directorate 
of Religious Associations (GDAR) in the Secretariat of the Interior, 
the GDAR attempts to mediate a solution. If mediation fails, the 
parties may submit the issue to the GDAR for binding arbitration. 
During the year the GDAR translated the Religious Association Law into 
16 indigenous languages.
    The Jewish community numbered approximately 50,000 persons. 
Although the GDAR received no reports of anti-Semitic incidents during 
the year, there were several unconfirmed incidents reported through 
local press sources
    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 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 and asylum seekers.
    The law does not permit forced exile, and it was not practiced.

    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 received no request for 
asylum or refugee status during the year.
    Although in many instances the National Migration Institute (INM) 
eventually released Cuban migrants, in some cases they were 
involuntarily returned to Cuba. In October the country signed a 
migration agreement with Cuba to facilitate the repatriation of illegal 
Cubans being detained, and in December, consistent with the agreement, 
the country repatriated approximately 41 Cubans.
    The Government provided temporary protection to individuals who may 
not have qualified as refugees under the 1951 Convention and its 1967 
protocol.
    On August 12, two Salvadoran nationals were granted humanitarian 
visas after being assaulted by members of the AFI in Tapachula.
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 closely contested 
presidential and congressional elections of July 2006 were determined 
to be generally free and fair by the majority of neutral observers, 
including European Union representatives and local and international 
civil society organizations.
    The September 2007 electoral reform bill prohibits all public and 
private funding of political advertisements on television or radio 
outside of time slots established by a respective state, requires 
placement of all political campaign advertisements through the Federal 
Elections Institute (IFE), and stipulates allocation of airtime among 
registered political parties based on their share of the vote in the 
most recent election. The law also prohibits negative campaign messages 
and establishes public spending limits for presidential elections. 
Recognition as a national political party by IFE is based on having won 
at least 2 percent of the vote in the last national election.
    There were 24 women in the 128-seat Senate and 116 women in the 
500-seat lower house. For the second session of Congress, a woman held 
the presidency of the Chamber of Deputies. Two female justices sat on 
the 11-member Supreme Court. There were seven women in the 21-member 
cabinet, compared with one in the previous administration. Many state 
electoral codes provide that no more than 70 to 80 percent of 
candidates can be of the same gender. All political parties continued 
their efforts to increase the number of women running for elected 
office. Some utilized quotas requiring that a certain percentage of 
candidates on a party list be female.
    There were no established quotas for increased participation of 
indigenous groups in the legislative body. There were no statistics 
available regarding minority participation in government. The law 
provides for the right of indigenous people to elect representatives to 
local office according to ``usages and customs'' law, rather than 
federal and state electoral law. Traditional customs varied by village. 
In some villages women did not have the right to vote or hold office; 
in others they could vote but not hold office. In November 2007 the 
outgoing president of a municipal assembly in Oaxaca invoked ``cultural 
customs'' to throw out Eufrosina Cruz Mendoza's election as a woman to 
the municipal assembly. In the face of alleged death threats, Cruz took 
her case to the Federal Electoral Tribunal and Congress, where it 
remained under review at year's end.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the World Bank's Worldwide 
Governance Indicators and other indices reflected that corruption 
remained a problem at all levels of government, as some public 
officials continued to perpetrate bureaucratic abuses and some criminal 
acts with impunity. Corruption at the most basic level involved paying 
bribes for routine services or in lieu of fines to administrative 
officials and security forces, but more sophisticated and less apparent 
forms of corruption included overpaying for goods and services to 
provide payment to elected officials and political parties.
    The INM reported that 196 migration officials had been involved in 
corruption networks and extortion of migrants since 2007. During the 
year seven INM officials were indicted on charges stemming from 
extortion of Cuban nationals in the state of Quintana Roo. On July 28, 
the CNDH issued a recommendation against INM officials in Nogales, 
Sonora, for allegedly extorting $4,000 from two undocumented Honduran 
nationals.
    Two officials from the Secretariat of Agricultural Reform were also 
forced to resign from their positions after an organization created by 
their spouses received monetary resources from the office that were 
budgeted for youth training programs and the creation of rural 
businesses.
    Despite significant institutional and regulatory changes increasing 
government transparency, access to information continued to be 
difficult in some states. The Federal Institute of Access to Public 
Information (IFAI) has received over 356,591 requests for information 
since its creation in 2003. All states have passed laws to comply with 
the July 2007 constitutional reforms regarding access to information. 
However, only eight of the 31 states have signed a formal agreement 
with IFAI to make the information system on government operations, 
Infomex, available for petitions for state 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. The Government made 
periodic attempts to engage civil society, particularly on security 
issues but also on human rights issues, by creating and reinvigorating 
a variety of mechanisms that encourage civil society's participation in 
policy debates and allow individuals to register complaints. 
Nevertheless, some NGOs complained that the Government did not take 
their concerns sufficiently into account and that they were unable to 
engage in constructive human rights discussions with military 
officials. They also maintained that some state and municipal 
authorities harassed human rights defenders during the year.
    UN agencies and other international bodies freely operated in the 
country and publicly criticized the Government without restriction or 
sanction. The Office of the UN High Commission on Human Rights has an 
office in the country and in February signed an agreement with the 
Government to extend the office's mandate until 2012.
    The semiautonomous CNDH, which received full and generous funding 
from the Federal Government, has the authority to investigate 
allegations of human rights violations and did so in practice. The CNDH 
operated without government or party interference. During the year the 
CNDH issued 67 recommendations in connection with human rights 
violations. The CNDH's recommendations are nonbinding and without legal 
weight unless formally accepted by a government entity. While some 
recommendations were accepted and implemented, others were rejected. 
Some NGOs praised the CNDH for bringing to light noteworthy human 
rights abuses but criticized it for not pressuring the Government 
sufficiently to comply with its recommendations.
    The Organization of Indigenous Me'phaa People (OPIM), an NGO in the 
state of Guerrero, represents the interests of indigenous communities 
in the region. In March an OPIM member and four policemen were killed 
during a robbery. In April local authorities filed arrest warrants 
against 15 OPIM members and ultimately detained five on charges of 
premeditated homicide in connection with the killings. After its own 
inquiry, Amnesty International concluded the evidence against the five 
was fabricated and adopted them as prisoners of conscience.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status. While the Government continued to make 
progress enforcing these provisions, significant problems, particularly 
violence against women, persisted.

    Women.--The law criminalizes rape, including spousal rape, imposing 
penalties of up to 20 years' imprisonment. However, rape victims rarely 
filed complaints with police, in part because of ineffective and 
unsupportive responses by the authorities toward victims, fear of 
publicity, and a perception that cases were unlikely to be prosecuted. 
Domestic violence was pervasive and mostly unexposed.
    A 2006 National Survey on Household Relationships suggested that 67 
percent of women over age 15 had suffered some abusive treatment. 
According to the NGO National Citizen Femicide Observatory, more than 
1,014 girls, teenagers, and women were killed in the 19 months ending 
July 31; 43 percent were between the ages of 21 and 40.
    A total of 432 killings and disappearances of women were recorded 
in Ciudad Juarez, Chihuahua, between 1993 and May 2008; an estimated 45 
percent of them were resolved by courts, 17 percent were pending trial, 
and 33 percent remained under investigation. Gender-based violence 
continued in Ciudad Juarez, but at lower levels. There were at least 30 
killings of women during the year; 14 of the cases remained under 
investigation, four suspects were awaiting trial, and four additional 
suspects were in prison awaiting indictments at year's end.
    The law prohibits domestic violence, including spousal abuse, and 
stipulates fines equal to 30 to 180 days' pay and detention for up to 
36 hours; however, actual sentences were normally lenient. A law (known 
as the General Law on Women's Access for Life Free of Violence) enacted 
in 2007 that obligates federal and local authorities to prevent, 
punish, and eradicate violence against women has been implemented in 23 
of the country's 31 states.
    During the year the Office of the Special Prosecutor for Violence 
Against Women broadened its mandate to include cases related to 
trafficking in persons, changing the name of the institution to the 
Office of the Special Prosecutor for Violence Against Women and 
Trafficking in Persons (FEVIMTRA). FEVIMTRA was staffed by 19 legal, 
administrative, and technical support professionals. No information was 
available regarding the number of domestic violence cases prosecuted 
during the year.
    On the state level, laws sanctioning domestic violence, if in 
existence, are weak. Seven states do not criminalize domestic violence, 
and 15 states punish family violence only when it is a repeated 
offense. Victims generally did not report abuses for a variety of 
reasons, including fear of reprisal by their spouses, fear of becoming 
economically destitute if their spouses are imprisoned, and the general 
disinterest of authorities in prosecuting such offenses.
    The Government's cabinet-level National Institute of Women 
(INMUJERES) reported that its national hot line established under the 
National Plan for a Life without Violence received more than 22,000 
calls during the year. Although there were some government-funded 
shelters, civil society organizations and women rights groups 
maintained the vast majority of available shelters.
    Prostitution is legal for adults and continued to be practiced 
widely. While pimping and prostitution of minors under age 18 are 
illegal, these offenses also were practiced widely, often with the 
collaboration or knowledge of police. The country was a destination for 
sex tourists and pedophiles, particularly from the United States. There 
are no specific laws against sex tourism, although federal law 
criminalizes corruption of minors, which is punishable by five to 10 
years' imprisonment. Trafficking in women and minors for prostitution 
remained a problem.
    Federal law prohibits sexual harassment and provides for fines of 
up to 40 days' minimum salary, but victims must press charges. Sexual 
harassment is criminalized in 26 of the country's 31 states and the 
Federal District, but in only 22 of these is a punishment contemplated 
when the perpetrator has a position of power. Reports of sexual 
harassment in the workplace were widespread, but victims were reluctant 
to come forward, and cases were difficult to prove.
    The law provides that women shall have the same rights and 
obligations as men and that ``equal pay shall be given for equal work 
performed in equal jobs, hours of work, and conditions of efficiency.'' 
According to INMUJERES, women earned 8.8 percent less than men, 
compared with 12.6 percent less in 2004; however, in some occupations 
the disparity reached 30 percent.
    The law provides labor protection for pregnant women, which some 
employers reportedly sought to avoid by requiring pregnancy tests in 
preemployment physicals and by continuing to make inquiries into a 
woman's reproductive status.

    Children.--The Government was committed to children's rights and 
maintained programs to support maternal and infant health, provide 
stipends for educating poor children, subsidize food, and provide 
social workers. Nevertheless, problems in children's health and 
education remained pervasive.
    Child marriage remained a problem. Although there were no precise 
statistics, 12 percent of men and 27 percent of women married between 
the ages of 15 and 19, according to a 2003 report of the National 
Institute of Statistics and Geography.
    The Government estimated that more than 22,000 children were 
sexually exploited each year. Sex tourism and sexual exploitation of 
minors were significant problems in the northern border area and in 
resort areas. While a 2007 criminal code amendment increases the 
penalty for commercial sexual exploitation of children, the UN Special 
Rapporteur on the Sale of Children and Young People indicated that the 
country did not have an effective system to protect and provide 
assistance to children and young people who were victims of sexual 
exploitation or any form of trafficking.

    Trafficking in Persons.--While the law prohibits aspects of 
trafficking in persons, the country was a point of origin, transit, and 
destination for persons trafficked for sexual exploitation and labor.
    The vast majority of non-Mexican trafficking victims came from 
Central America; lesser numbers came from Brazil, Cuba, Ecuador, China, 
Taiwan, South Korea, India, Argentina, and Eastern European countries. 
Victims were trafficked to the United States as well as to various 
destinations in the country. Women and children (both boys and girls), 
undocumented migrants from Central America, the poor, and indigenous 
groups were most at risk for trafficking.
    Often poor and uneducated, trafficking victims were promised 
employment, but once isolated from family and home, they were forced 
into prostitution or to work in a factory or the agriculture sector. 
Other young female migrants recounted being robbed, beaten, and raped 
by members of criminal gangs and then forced to work in table dance 
bars or as prostitutes under threat of further harm to them or their 
families. Many illegal immigrants became victims of traffickers along 
the Guatemalan border, where the growing presence of gangs such as Mara 
Salvatrucha and Barrio 18 made the area especially dangerous for 
undocumented and unaccompanied women and children migrating north.
    A 2007 law makes trafficking in persons a federal crime punishable 
by up to 12 years' imprisonment; the executive branch and Congress 
continued to discuss implementation procedures for the law.
    There is no law related to interstate crimes of trafficking in 
persons, and the Federal Government does not automatically assume 
jurisdiction in cases of interstate trafficking. Twenty-one of 31 
states criminalize certain aspects of trafficking. In addition to the 
provisions in the new federal antitrafficking legislation, the law 
criminalizes corruption of minors, exploitation of children for 
commercial sex, and child pornography; anyone convicted of a crime 
related to a minor under the age of 18 can be sentenced to five to 10 
years' imprisonment. If the illicit activity involves a minor under age 
16, the sentence is increased by one-third; if it involves a minor 
under 12 years of age, the sentence is increased by half. Persons who 
direct or facilitate such illicit activity for purposes of financial 
gain may be imprisoned for six to 10 years. When physical or 
psychological violence is used for sexual abuse or to profit from 
exploitation of a minor, the penalties are increased by up to one-half. 
The law also forbids forced or compulsory labor.
    Securing convictions remained a challenge for the Government. 
During the year the Government pursued 14 trafficking cases, which 
involved a total of six minors. Although the Jalisco state attorney 
general dropped charges against Thomas White related to corruption of 
minors, he remained in state custody at year's end pending Mexican 
federal charges and a U.S. extradition request.
    FEVIMTRA and the PFP are the lead operational and coordinating 
agencies for antitrafficking efforts. The INM, the PGR, the Center for 
Research on National Security, the CNDH, the Foreign Ministry, and the 
Integral Development of the Family (DIF) also played key roles in 
combating trafficking, protecting victims, and prosecuting traffickers.
    There were credible reports that individual local, state, and 
federal police, immigration, and customs officials were involved in 
facilitating trafficking. There were no developments in the 2007 case 
of two INM officials who were arrested and accused by the PGR of 
leading an organized criminal group that trafficked persons, including 
undocumented workers.
    While a partial framework existed to protect and provide social 
services to the victims of trafficking, undocumented migrants usually 
were deported before they could be identified and removed from the 
detention system. The Government increased cooperation with NGOs and 
international organizations, such as the International Organization for 
Migration, to build a network of trafficking victims' services and to 
identify potential trafficking victims. Although not specifically 
related to trafficking in persons, the SSP permitted trafficking 
victims to make anonymous reports through two newly created hot lines. 
Victims could also make anonymous reports through an SSP-sponsored e-
mail address. The Government supported general trafficking prevention 
campaigns for children and women and administered special assistance 
programs for children repatriated to the country. The CNDH initiated an 
antitrafficking campaign through print media and radio.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although the law prohibits 
discrimination against persons with physical and mental disabilities in 
employment, education, access to health care, and the provision of 
other services, the Government did not effectively enforce all these 
stipulations. Most public buildings and facilities in Mexico City did 
not comply with the law requiring access for persons with disabilities. 
The Federal Government stated that entrances, exits, and hallways in 
all of its offices had been made accessible to persons with 
disabilities. The education system fell short of providing special 
education for children with disabilities, serving approximately 400,000 
students of an estimated two million with disabilities in 2004; only 42 
percent of municipalities in the country provided special education. 
Although the Government made progress in treating persons with mental 
health illnesses, government resources devoted to the problem remained 
inadequate.
    The secretary of health collaborated with the secretaries of social 
development, labor, and public education, as well as with DIF and the 
Office for the Promotion and Social Integration of the Disabled, to 
protect the rights of persons with disabilities. The Government 
established offices and programs for the social integration of persons 
with disabilities, including a program to enhance job opportunities and 
launch an online portal to disseminate information and assistance.

    Indigenous People.--The indigenous population has long been 
marginalized and subject to discrimination, particularly in the central 
and southern regions where indigenous people sometimes represent more 
than one-third of the total state populations. Indigenous communities 
remained largely outside the political and economic mainstream, due to 
longstanding patterns of social and economic marginalization. In many 
cases their ability to participate in decisions affecting their lands, 
cultural traditions, and allocation of natural resources was 
negligible. More than 130 NGOs were dedicated to the promotion and 
protection of indigenous rights.
    Indigenous people did not live on autonomous reservations, although 
some indigenous communities exercised considerable local control over 
economic, political, and social matters. In the state of Oaxaca, for 
example, 70 percent of the 570 municipalities were governed according 
to the indigenous regime of ``usages and customs'' law, which did not 
follow democratic norms such as the secret ballot, universal suffrage, 
and political affiliation. These communities applied traditional 
practices to resolve disputes and choose local officials. While such 
practices allowed communities to elect officials according to their 
traditions, ``usages and customs'' laws tended to exclude women from 
the political process and often infringed on other rights of women.
    The Government generally showed respect for the desire of 
indigenous people to retain elements of their traditional culture. The 
law provides protections for indigenous people, and the Government 
provided support for indigenous communities through social and economic 
assistance programs, legal provisions, and social welfare programs. 
Budget constraints, however, prevented these measures from meeting the 
needs of most indigenous communities, as severe shortages in basic 
infrastructure as well as health and education services persisted.
    The law provides that educational instruction shall be conducted in 
the national language, Spanish, without prejudice to the protection and 
promotion of indigenous languages. However, many indigenous children 
spoke only their native languages, and the Government did not provide a 
sufficient number of native language or bilingual teachers.
    Some groups claimed that the security forces used the war on drugs 
as a pretext to occasionally harass indigenous groups. During the year 
the CNDH received 161 complaints about human rights violations of the 
indigenous population. By year's end it had concluded an investigation 
into 119 of these complaints; 42 remained under investigation.

    Other Societal Abuses and Discrimination.--The law prohibits 
several types of discrimination, including bias based on sexuality, and 
requires federal agencies to promote tolerance.
    While homosexuals experienced a growing social acceptance, the 
National Center to Prevent and Control HIV/AIDS stated that 
discrimination persisted. Homophobic beliefs and practices were common, 
reflected principally in entertainment media programs and everyday 
attitudes. Reports of attacks against homosexuals and transsexuals were 
frequent.
    On September 11 and September 23, the CNDH issued recommendations 
against the navy, the Secretariat of the Navy (SEMAR), and SEDENA for 
discrimination against military members with HIV; SEMAR and SEDENA 
accepted the recommendations.
    There were credible reports that police, immigration, and customs 
officials frequently violated the rights of undocumented migrants, 
including committing rape. Undocumented migrants rarely filed charges 
in such cases because the authorities generally deported such persons 
who came to their attention. The INM has 48 detention centers with a 
total capacity of 3,958 specifically for undocumented migrants. The 
CNDH has an office in each of these facilities to ensure that human 
rights abuses are not committed against detainees. The CNDH received 
227 complaints of violations of rights of migrants. Following his visit 
during the year, the Special Rapporteur on Migrants noted reports of 
corruption, violence against women, and trafficking in children.
    There were no updates available in the January 2007 case of Jose 
Alejandro Solalinde, a priest, and 18 Central American migrants who 
were beaten and detained for seven hours by eight police officers in 
Ixtepec, Oaxaca.
Section 6. Worker Rights
    a. The Right of Association.--Federal law provides workers the 
right to form and join trade unions of their choice, and workers 
exercised this right in practice. According to National Census 
Institute, during the year there were 43.9 million workers in the 
workforce, with 15.7 million in the formal sector-those paying taxes to 
the Mexican Institute for Social Security (IMSS).
    Approximately 25 percent of the formal sector was unionized. By law 
20 workers can form an independent union with a formal registration. 
However, administrative procedures for registration are complex and 
burdensome, and government labor boards frequently rejected independent 
unions' registration applications on technicalities. A new union also 
must challenge the government-sanctioned union, if one exists, for 
control of the collective bargaining contract. Credible reports 
continued to note the use of officially sanctioned protection 
contracts, which consist of an informal agreement whereby the company 
pays a monthly sum to the union-which often exists only on paper-in 
exchange for industrial peace. Workers never democratically chose such 
unions, and exclusion clauses in these protection contracts gave 
promanagement unions the right to demand the dismissal of a worker 
expelled from the union.
    Representation elections are traditionally open; management and 
officials from the existing union are present with the presiding labor 
board official when workers openly and individually declare their 
votes. However, on September 10, SCJN ruled that secret ballots are 
required when two or more unions compete for recognition as the legal 
bargaining representative.
    The law provides for the right to strike in both the public and 
private sector, and workers exercised this right. However, only 
officially recognized unions can call for a strike; before a strike can 
be considered legal, a union must receive approval of a strike notice 
from the appropriate labor authorities. These lengthy procedural 
requirements resulted in a large backlog of strike notice requests at 
the state level. Although few formal strikes actually occurred, 
informal stoppages of work by both union and nonunionized groups were 
fairly common.

    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 
contracts covered approximately 7 percent of workers. There are no 
special laws or exemptions from labor laws in export processing zones. 
Management in the maquila (in bond export) sector and elsewhere 
sometimes used protection contracts to discourage workers from forming 
authentic unions at a company, in contravention of freedom of 
association principles. Such contracts were collective bargaining 
agreements negotiated by management and a representative of a so-called 
labor organization without the knowledge of the workforce, sometimes 
even prior to hiring a single worker in a new factory. Human Rights 
Watch attributed the problem to the lack of legally recognized 
independent unions that could negotiate strong and fair collective 
bargaining agreements.
    One of the two remaining suspects at large in the April 2007 
killing of migrant farm worker organizer Rafael Santiago Cruz of the 
Labor Organizing Committee office in Nuevo Leon was detained briefly by 
Mexican authorities in May after attempting to enter the United States 
but was later released.

    c. Prohibition of Forced or Compulsory Labor.--Although the law 
prohibits forced or compulsory labor, including by children, such 
practices commonly persisted in both the rural and industrial sectors. 
Migrants and children were the most vulnerable. There were numerous 
anecdotal reports of mistreatment and exploitation of Guatemalan and 
other migrant workers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace, including a 
prohibition of forced or compulsory labor; however, the Government did 
not effectively enforce such prohibitions. The law prohibits children 
under the age of 14 from working, and those between the ages of 14 and 
16 may work only limited hours with parental permission, with no night 
or hazardous work. According to the UN Children's Fund's most recent 
statistics, 16 percent of children between the ages of five and 14 were 
involved in child labor activities. Child labor was most prominent in 
the areas of sexual exploitation and agriculture.
    The Secretariat of Labor (STPS), which is charged with protecting 
worker rights, stated that its mandate does not extend to the area of 
child labor. The Secretariat for Social Development, the Attorney 
General's Office, and the Family Development Institute each have 
responsibility for enforcement of child labor laws or intervening in 
cases where such laws are violated. Government enforcement was 
reasonably effective at large and medium-sized companies, especially in 
the maquila sector and other industries under federal jurisdiction. 
Enforcement was inadequate at many small companies and in the 
agriculture and construction sectors, and it was nearly absent in the 
informal sector in which most children worked.
    During the year the Secretariat for Social Development and DIF 
carried out programs to prevent child labor abuses and promote child 
labor rights, including specific efforts to combat the commercial 
sexual exploitation of children. Nevertheless, it was not uncommon to 
find girls under the age of 15 working in prostitution. Trafficking in 
children for sexual exploitation was also a problem.

    e. Acceptable Conditions of Work.--The law provides for a daily 
minimum wage, which is set each December for the coming year. For the 
year the minimum daily wages, determined by zone, were: 52.3 pesos 
(approximately $5.15) in Zone A (Baja California, Federal District, 
State of Mexico, and large cities); 50.96 pesos (approximately $5) in 
Zone B (Sonora, Nuevo Leon, Tamaulipas, Veracruz, and Jalisco); and 
49.50 pesos (approximately $4.80) in Zone C (all other states). The 
minimum wage did not provide a decent standard of living for a worker 
and family, and only a small fraction of the workers in the formal 
workforce received the minimum wage. The STPS is charged with 
protecting worker rights, including minimum wage provisions in the law.
    The law sets six eight-hour days and 48 hours per week as the legal 
workweek. Any work over eight hours in a day is considered overtime, 
for which a worker receives double the hourly wage. After accumulating 
nine hours of overtime, a worker earns triple the hourly wage, and the 
law prohibits compulsory overtime. However, there were labor rights 
disputes filed with labor boards and international labor organizations 
during the year with complaints that workers did not receive overtime 
pay they were owed.
    The law requires employers to observe occupational safety and 
health regulations, issued jointly by the STPS and the IMSS. Legally 
mandated joint management and labor committees set standards and were 
responsible for overseeing workplace standards in plants and offices. 
Individual employees or unions may complain directly to inspectors or 
safety and health officials. Workers may remove themselves from 
hazardous situations without jeopardizing their employment. Plaintiffs 
may bring complaints before the federal labor board at no cost to 
themselves.
    While STPS and IMSS officials reported that compliance was 
reasonably good at most large companies, there were not enough federal 
inspectors to enforce health and safety standards at smaller firms.

                               __________

                               NICARAGUA

    Nicaragua is a constitutional democracy with a population of 
approximately 5.7 million. In January 2007 Daniel Ortega of the 
Sandinista National Liberation Front (FSLN) was sworn in as president, 
following the 2006 elections that international observers characterized 
as generally free and fair. While civilian authorities generally 
maintained effective control of the security forces, there were 
instances in which elements of these forces acted independently.
    The most significant human rights abuses during the year included: 
unlawful killings by security forces; harsh and overcrowded prison 
conditions; police abuse; lengthy pretrial detention; lack of respect 
for the rule of law and widespread corruption and politicization of the 
judiciary, the Supreme Electoral Council (CSE), and other government 
organs; erosion of freedom of speech and press, including government 
intimidation and harassment of journalists; widespread irregularities, 
fraud and abuses during the November municipal elections and 
substantial government interference with the operation of political 
parties; substantial government harassment and intimidation of 
nongovernmental organizations (NGOs); violence against women; 
discrimination against ethnic minorities and indigenous communities; 
and violation of trade union rights.
                        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 members of the security forces committed 
unlawful killings. In two of these cases, the courts found officers 
guilty. The Office of the Inspector General, which makes determinations 
independently of court rulings, conducted parallel investigations and 
administered punishments, including demotion and dismissal of officers.
    On January 11, security forces from the Nicaragua National Police 
(NNP) in Managua shot and killed Moises Elias Castillo, a soldier on 
home leave. On September 19, a court sentenced officer Marvin Jose 
Morales to 14 years' imprisonment for the unlawful death of Castillo.
    On May 21, an armed altercation between police and army forces and 
civilians at El Encanto ranch in the South Atlantic Autonomous Region 
(RAAS) resulted in the death of three workers and injuries to a 
soldier. On July 3, authorities charged two police officers, Jose 
Romero and Feliciano Rodriquez; volunteer police officer Jose Martinez; 
and soldier Wilfredo Reyes for the unlawful killings of Wilfredo 
Salazar, Santos Reyes, and Marvin Leiva Reyes. On November 5, a 
Bluefields court declared the three suspects not guilty. Human rights 
organizations complained that the court decision did not accord with 
due process.
    On September 14, three police officers in La Paz Centro shot and 
killed Luis Angel Vargas Salgado after he reportedly knocked over a 
police security cone with his bicycle and fled the scene. On September 
15, community members rioted and burned down the La Paz Centro police 
station to protest the alleged failure of authorities to take action 
against the officers who reportedly committed the killing. On September 
16, NNP Commissioner Aminta Granera visited La Paz Centro, apologized 
publicly to the victim's family, and announced that she would prosecute 
the officers involved. Following Granera's visit, police and community 
members cooperated in rebuilding the police station. By the end of 
December, six NNP officers awaited trial for their reported involvement 
in the killing.
    On January 30, a jury declared two persons innocent and ordered 
them freed and found, Casimiro Candry guilty in the March 2007 killings 
of Villanueva Delgadillo and her husband Gilberto Artola Delgadillo. 
The judge sentenced Candray to 30 years in prison. At year's end there 
was no information available regarding the Inter-American Court of 
Human Rights' August 2007 granting of precautionary measures in favor 
of the Delgadillo-Artola family in relation to the killings.

    b. Disappearance.--There were no reports of politically motivated 
or other disappearances.
    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment
    Although the law prohibits such practices, human rights and other 
NGOs received complaints that police used excessive force or engaged in 
degrading treatment that caused injuries to criminal suspects during 
arrests.
    The government-sponsored Office of the Human Rights Ombudsman 
(PDDH) reported that on March 8, police used cruel and degrading 
treatment against 13 youths after unknown assailants in the youths' 
neighborhood attacked presidential bodyguard Daniel Mendoza. The 13 
youths reported to the PDDH that police punched some of them in the 
stomach and threatened them with guns to force them to admit guilt 
regarding the attack on Mendoza. By year's end there was no information 
available regarding any investigation or charges against the officers 
involved.
    The Nicaraguan Center for Human Rights (CENIDH) reported that on 
May 5, after responding to a family quarrel complaint, police in 
Managua kicked, beat, punched, and threw onto the floor a suspect 
wearing only underwear during transport to the police station. A police 
officer reportedly warned the suspect not to discuss the maltreatment 
when police took the suspect to the hospital for treatment of his 
wounds. At year's end there was no information regarding any 
investigation of the incident.
    The NGO Center for the Prevention of Violence (CEPREV) reported 
that police used excessive force in the arrest of adolescent boys 
suspected of criminal activity, including gang violence and drug 
trafficking. The Nicaraguan Permanent Commission on Human Rights (CPDH) 
reported that on July 31, approximately 20 Managua police officers 
forcibly entered a house, beat, and detained a person they believed was 
a gang member; the victim also suffered burns to his right forearm. At 
year's end there was no information regarding any investigation of the 
incident.
    Between July and December, there were several instances of alleged 
government-orchestrated mob violence or vigilante justice, including 
violent attacks against members of opposition political parties and 
civil society. Human rights groups reported that government authorities 
ordered the NNP not to interfere with vigilante acts, with the result 
that police failed to provide adequate protection to demonstrators and 
did not arrest or detain persons who engaged in progovernment mob 
violence.
    On July 30, a progovernment mob attacked a van driven by Alberto 
Boschi, a Sandinista Renovation Movement (MRS) mayoral candidate, who 
was driving a group of MRS youth to an antigovernment protest. 
Authorities later arrested and tried Boschi for inciting a riot and 
injuring a journalist. Civil society groups alleged that Boschi's 
arrest and trial were politically motivated. While his case was on 
appeal, reports indicated that Boschi went into hiding. His whereabouts 
were unknown at year's end.

    Prison and Detention Center Conditions.--Prison conditions 
continued to deteriorate due to an antiquated infrastructure and 
increasing inmate population. The Ministry of Government reported that 
during the year, the country's eight prisons, which were designed for 
fewer than 5,000 inmates, held approximately 6,500 prisoners. Prisoners 
suffered from overcrowding, parasites, and inadequate medical 
attention. Inmates complained about frequent food shortages, 
contaminated water, and inadequate sanitation in their cells. Family 
members, churches, and charitable organizations provided some prisoners 
with food and medical attention to mitigate harsh prison conditions.
    Conditions in jails were also harsh. Most jails and police holding 
cell facilities were old, infested with vermin, physically 
deteriorating, lacked potable water and had inadequate ventilation, 
electric, and sewage systems. The Government constructed 24 new holding 
cells throughout the prison system; however, conditions overall 
remained poor. Some detainees died due to dangerous holding cell 
conditions, including mistreatment from other prisoners and police 
officials. On September 29, Abel Antonio Ramirez Castellon died while 
in police custody in Sebaco, following his September 27 arrest. Police 
alleged that Ramirez Castello died from asphyxiation when he tried to 
squeeze his body between the iron bars of his cell. An investigation by 
the Office of the Inspector General was pending at year's end.
    Between May and June, the UN Development Program (UNDP) conducted a 
study of the penitentiary system of the North Atlantic Autonomous 
Region (RAAN) and the RAAS. The study concluded that overcrowded living 
conditions, lack of medical attention, and the Government's prolonged 
delays in processing cases violated prisoners' human rights.
    Pretrial detainees often shared cells with convicted prisoners. 
Juvenile prisoners also shared cells with adults. Suspects were 
regularly left in police holding cells during their trials because the 
Government did not allocate funds to transport them to the courtroom. 
Although conditions for female inmates were generally better than those 
for males, prisons for women were overcrowded, unhygienic, and lacked 
sufficient beds. Managua's La Esperanza women's prison held more than 
200 inmates, nearly twice its designed capacity, with some prisoners 
forced to sleep in bathrooms. Between May and June, prison authorities 
evacuated La Esperanza after a health official determined that the 
facility's water supply was contaminated. During the evacuation prison 
authorities held female inmates temporarily at the Tipitapa men's 
prison.
    Although the Government generally permitted prison visits by local 
and international human rights observers, in certain instances it 
restricted prisoners' access to visitors, attorneys, physicians, and 
human rights officials. Civil society groups and members of opposition 
political parties stated that authorities denied them access to 
prisons, prevented them from interviewing detainees, and were 
unresponsive to their requests for information regarding prisoners and 
access to prisons. At times government officials did not grant access 
to foreign government representatives to meet with their imprisoned 
nationals and did not grant attorneys access to imprisoned clients.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government observed these prohibitions, 
with some exceptions discussed below.

    Role of the Police and Security Apparatus.--The president is the 
commander in chief of the NNP, which is administered by the Ministry of 
Government. The NNP forms a single, unified force responsible for 
enforcing the law throughout the country. The NNP maintain internal 
security. The army is responsible for external security but also has 
some domestic security responsibilities, including combating drug 
trafficking. There were approximately 10,022 NNP employees, of whom 
9,132 were police officers, 890 civilian personnel, and roughly 1,500 
voluntary police who filled staffing gaps. Authorities estimated that 
police provided consistent protection to only 75 percent of the 
country. In some areas lacking adequate police protection, citizens 
engaged in vigilante justice.
    The Government's failure to allocate adequate funding hampered NNP 
efforts to improve police performance and resulted in a continuing 
shortage of officers. Low salaries created conditions where police 
officers were susceptible to bribes, corruption, and drug trafficking. 
Many volunteer police officers lacked training and professionalism to 
enforce the law effectively. The Office of the Inspector General 
investigated and remanded corruption cases of lower-level officers to 
the court system and punished some officers through internal 
administrative measures. The slow pace of the justice system fostered a 
public perception of impunity within the police force.
    The NNP Office of Internal Affairs is responsible for investigating 
security force abuses. During the year, the NNP Office of Internal 
Affairs investigated 2,027 cases of alleged police misconduct, 
including 1,384 complaints of excessive force, searches without 
warrants, and unlawful use of firearms. Of these cases, 565 officers 
were punished, including 40 dishonorable discharges. The NNP Office of 
Internal Affairs determined that of 2,027 complaints filed against 
police, 67 percent pertained to human rights violations, 17 percent to 
acts of corruption, and the remaining 16 percent to common offenses or 
minor infractions.
    NNP regulations require that to graduate from the police academy 
and become officers, police trainees receive human rights instruction 
and that police officers receive annual recertification in human rights 
awareness. The NNP reported that during the year, the police academy 
trained 1,383 officers and trainees in human rights principles. 
Authorities also taught specialized human rights courses to 547 other 
officers. Additionally, more than 400 police officers attended two-day 
violence prevention workshops sponsored by CEPREV. The army included 
human rights training in its curriculum.
    Human rights groups complained that President Ortega used his 
position as commander-in-chief to politicize NNP affairs. These groups 
alleged that President Ortega ordered police to use excessive force, 
including firing rubber bullets and tear gas, against protesters who 
were not threatening the police, and in other situations ordered police 
not to interfere with progovernment mob intimidation of peaceful 
protests. During a September 20 march in Leon, the president ordered 
police not to stop progovernment vigilantes from using machetes, clubs, 
and mortars to intimidate democratic opposition demonstrators. 
Afterwards, President Ortega publicly reprimanded riot police who used 
tear gas to protect the demonstrators from the vigilantes. The 
president subsequently fired nine key senior police officials and 
replaced them with FSLN loyalists.

    Arrest and Detention.--Persons are apprehended openly. The law 
requires police to obtain a warrant from a judicial authority prior to 
detaining a suspect and to notify family members of the detainee's 
whereabouts within 24 hours. The law mandates that a prosecutor 
accompany police making an arrest. Detainees have the right to an 
attorney immediately following their arrest. Police may hold a suspect 
legally for 48 hours before arraignment, when they must bring the 
person before a judge to decide if charges should be brought. The judge 
then must order the suspect released or transferred to jail for 
pretrial detention. In practice, few prisoners were held beyond the 48-
hour deadline. After the initial 48 hours, the suspect has access to 
bail, visits from family members, and legal representation.
    On July 8, police arrested and detained CPDH Director Marcos 
Carmona without presenting an arrest warrant or explaining the charges 
against him. That same day, authorities released Carmona and on August 
18, dismissed the charges against him (See Section 4).
    CENIDH reported that on September 27, police forcibly entered 
without a warrant the home of a Managua resident, beat the victim on 
the head, and slammed his body against a patrol car. The police 
officers involved in the incident allegedly blamed the victim's son for 
stealing one of their cell phones. At year's end there was no 
information about any investigation by authorities regarding the case.
    Arbitrary lengthy pretrial detention after arraignment was a 
problem. The UNDP reported that detainees in the RAAN and RAAS waited 
an average of seven months for their cases to be presented formally 
before a judge.

    Amnesty.--During the year the National Assembly granted amnesty to 
135 citizens.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, the judicial system remained susceptible to 
corruption and politicization, and did not function independently. The 
Judicial Career Law requires that new judicial appointments be vetted 
by the Supreme Court of Justice (CSJ); however, judicial appointments 
were often based on nepotism, influence, or political affiliation. Once 
appointed, many judges were subject to political and economic pressures 
that affected their judicial independence.
    The judicial system contains both civil and military courts. The 
16-member CSJ is the system's highest court, administers the judicial 
system, and nominates all appellate and lower court judges. The CSJ is 
divided into specialized chambers for administrative, criminal, 
constitutional, and civil matters. The law requires that the Office of 
the Attorney General investigate crimes committed by and against 
juveniles. The Office of the Prosecutor under the Public Ministry has 
authority to investigate criminal and civil matters.
    The law does not permit military tribunals to try civilians and the 
military code requires that the civilian court system try members of 
the military charged with common crimes. Human rights and lawyers' 
groups complained about the delay of justice caused by judicial 
inaction and impunity, especially regarding family violence and sexual 
abuse.
    On August 22, a court reopened a 2005 case and convicted former 
minister of culture Father Ernesto Cardenal of slander against Immanuel 
Zergen, a German citizen living in the country. The court rendered the 
conviction after Father Cardenal publicly criticized the Ortega 
government on August 15, during the inauguration of the new Paraguayan 
president. Although the court exempted the 83-year-old Catholic priest 
from a jail sentence, it froze his bank accounts to pay a fine 
established by the verdict.

    Trial Procedures.--Trials are public, and the law provides that 
defendants can choose whether to have a jury trial. Defendants have the 
right to legal counsel and are presumed innocent until proven guilty. 
The law provides public defenders to represent indigent defendants. 
Defendants can confront and question witnesses who testify against them 
and also have the right to appeal a conviction. The law extends these 
rights to all citizens regardless of gender, ethnicity, disability, or 
other status. The courts continued to use the Napoleonic legal process 
for some old cases.
    The country continued to lack an effective civil law system, with 
the result that private litigants often filed their cases as criminal 
complaints to force one party to concede rather than face the prospect 
of detention in jail. This civil-based criminal caseload continued to 
divert resources from the overburdened Office of the Prosecutor.

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

    Civil Judicial Procedures and Remedies.--The law provides that 
persons can file lawsuits seeking damages for human rights violations 
before civil courts and also provides for litigants to use mediation to 
resolve civil claims. In practice many members of the judiciary did not 
render impartial judgments in civil matters and were not independent of 
political or other influence. Due to bureaucratic inefficiencies, 
litigants unable to resolve claims through mediation often had to wait 
months or years for the courts to process their claims, including the 
enforcement of domestic court orders.

    Property Restitution.--Community leaders in the RAAN and RAAS 
asserted that President Ortega ordered chiefs of police in these 
regions to ignore court orders to evict migrants from the Pacific coast 
who illegally invaded and occupied indigenous lands.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions. Independent media, 
human rights groups, and opposition political parties alleged, however, 
that the Ortega administration sought to blur distinctions between 
party and government through the use of FSLN-directed Citizen Power 
Councils (CPCs). The Government administered subsidized food and other 
government benefits through CPCs. By giving CPCs this function, the 
Government reportedly coerced citizens into FSLN membership. Persons 
seeking to obtain or retain employment in the public sector were 
required to obtain a letter of recommendation from CPC block captains. 
There were reports that government agencies mandated that persons 
seeking to obtain voter registration and national identity documents 
needed a letter of recommendation from the CPCs.
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 used 
administrative, judicial, and financial means to limit the exercise of 
these rights. Although the law provides that the right to information 
cannot be subject to censorship, it also establishes retroactive 
liability, implying the potential for penalties for libel and slander 
against individuals and the press. Individuals could not always 
criticize the Government freely without reprisal, and at times the 
Government attempted to impede criticism.
    On August 27, the CSE brought charges against a foreign NGO and 
several local civil society groups, alleging that these organizations 
improperly sought to influence municipal elections by hosting former 
president of Mexico Vicente Fox. The Government interpreted Fox's 
August 12 speech in Managua about democracy in Latin America as 
criticizing the Ortega administration. The prosecutor subpoenaed and 
seized financial documents of the foreign NGO. The prosecutor also 
subpoenaed local cosponsors of the Fox visit. At the end of the year 
the case remained before the Supreme Court.
    The independent media were active and expressed a variety of views. 
The Government, however, sought to restrict media freedom through 
harassment, censorship, arbitrary application of libel laws, and use of 
national security justifications to suppress reporting.
    Throughout the year President Ortega criticized independent media 
outlets, including referring to them as ``traitors'' and ``murderers.'' 
Government and private actors harassed media outlets for reporting 
critical of the Government. The Government continued to give 
preferential treatment to media organizations loyal to the FSLN party, 
intimidate independent media outlets and journalists into self-
censorship, and otherwise hamper the activities of the independent 
media. El Nuevo Diario reported that during the year, the Government 
spent approximately 40 million cordobas ($10 million) on publicity in 
various media, 80 percent of which went to government-friendly 
operators.
    On April 9 and 29, the Ministry of Health prohibited an El Nuevo 
Diario reporter from entering ministry facilities, allegedly because of 
his unfavorable reporting about the Government.
    On April 17, a court ruled in favor of five CPC members and found 
the president and editor in chief of La Prensa guilty of libel for 
publishing a December 2007 article criticizing CPC violence, but which 
did not publish the name of any CPC members. El Nuevo Diario and media 
organizations asserted that the court's decision was political and 
against freedom of expression. The court fined the editor in chief 
18,000 cordobas (approximately $900) and the president 9,000 cordobas 
(approximately $450). At year's end the case was on appeal.
    In July President Ortega asked the attorney general to explore the 
possibility of treason charges against La Prensa for publishing 
articles regarding the Government's hosting members of the 
Revolutionary Armed Forces of Colombia (FARC) terrorist organization 
during a July 19 FSLN anniversary celebration. On July 29 the attorney 
general responded that the media should act responsibly but did not 
file charges against La Prensa.
    On April 4, television Channel 10 cancelled the popular talk show 
of political commentator Jaime Arellano. Media analysts alleged that 
the Channel 10 decision was based on a quid pro quo for the Government 
to issue the television station a radio license. On April 7, Arellano 
moved his talk show to Channel 2. On August 25, that station cancelled 
the program, reportedly after the Government threatened not to renew 
its broadcast license. The cancellation of the show followed days of 
CPC-member public protests against Arellano. Throughout the year CPCs 
also protested in front of the facilities of other media organization 
that criticized the Government.
    Progovernment and other radio stations reported incidents of 
vandalism and sabotage, including thefts of copper wiring and damage to 
transmission equipment. On April 6 and June 5, unknown actors damaged 
the facilities of opposition station Radio 15 de Septiembre, rendering 
the station unable to transmit for several days.
    Harassment and intimidation of the media increased substantially 
following the November municipal elections and the resulting civil 
unrest. Beginning on November 12, Radio 15 de Septiembre and 
independent station Radio Corporacion were unable to transmit for three 
weeks. The managers of the stations asserted that the Government jammed 
their signals.
    On November 16, FSLN mobs blocked roads to Leon and prohibited 
local and international journalists from covering a scheduled 
opposition march.
    On November 18, government supporters destroyed the offices and 
equipment of the independent station Radio Dario in Leon, reportedly in 
retaliation for the political opposition's nonviolent march that same 
day. Also on November 18, FSLN mobs burned a Channel 2 news vehicle 
that had carried reporters covering the civil unrest in Managua.
    At year's end there were no reports of any investigation of the 
December 2007 anonymous death threats against political cartoonist 
Manuel Guillen.

    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 only in urban areas. The 
International Telecommunication Union reported that in 2007 there were 
only 2.7 users per 100 inhabitants. Frequent power outages and 
infrastructure problems hampered citizens' access to Internet and e-
mail services.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on cultural events. However, the Government reportedly 
sought to restrict academic freedom by pressuring universities to 
cancel events.
    On June 26 the Autonomous University of Nicaragua canceled a 
planned meeting between two political candidates after students 
associated with the FSLN protested the presence of the opposition 
candidate at the university.
    On October 22, the Central American University (UCA) released the 
results of a poll revealing that the central government was falling in 
popularity and that the FSLN would lose in several key municipal 
elections. That same day First Lady Rosario Murillo called an emergency 
press conference to denounce the UCA poll and the faculty. On October 
28, FSLN sympathizers attempted to take control of the UCA campus and 
threatened to use their influence to cancel the university's 6 percent 
national budget entitlement because of the release of the October 22 
poll results.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law recognizes the right to public assembly, 
demonstration, and mobilization but mandates that demonstrators obtain 
permission for a rally or march by registering with the police its 
planned size and location. During election campaign periods, the CSE 
must authorize political party marches. Prior to and following the 
November 9 municipal elections, the Government limited these rights by 
restricting public spaces where groups could assemble, countering group 
demonstrations, and failing to protect opposition demonstrators.
    After civil society prodemocracy marches in June and July, groups 
reportedly paid by the CPCs continually occupied without legal 
authorization Managua traffic rotundas, in a campaign entitled ``prayer 
against hatred-love is stronger than hate.'' These occupations limited 
the places for public assembly during the municipal elections campaign 
and until the end of the year.
    On July 25, a mob of 30 CPC and FSLN party members in Managua, some 
wielding machetes, beat and injured city council candidate and Vamos 
con Eduardo political movement leader Jaime Chavarria and three members 
of his family, as he attempted to verify his eligibility to vote in the 
November municipal elections. The police did not protect Chavarria from 
the mob, and authorities did not detain or charge anyone in relation to 
the attack.
    On September 20, progovernment mobs set up unauthorized road blocks 
on the main roads from Managua and Chinandega into Leon and stopped a 
previously registered civil society democracy march. The mobs, which 
included the Leon FSLN mayoral candidate, attacked buses, threatened 
democracy marchers and police, injured several marchers with machetes, 
broke car windows, and set fire to an opposition leader's vehicle. At 
year's end there were no detentions or charges filed against anyone in 
relation to the violence.
    Progovernment mobs increasingly limited the right to assembly for 
several days following the November 9 municipal elections. The mobs, 
unrestrained by police, used homemade mortars, machetes, sticks, and 
other improvised weapons to intimidate opposition protestors, and 
prohibited access to public space by establishing unauthorized road 
blocks using buses, trucks, and burning tires. On November 16, the mobs 
blocked access to Leon to prevent persons from participating in 
opposition marches in that city. On November 17, mobs blocked access to 
a Managua church where an opposition leader was holding a press 
conference about election abuses. On November 18, government supporters 
limited traffic throughout Managua by controlling the city's major 
roads.

    Freedom of Association.--The law provides for this right, including 
the right to organize or affiliate with political parties; however, in 
March the Government stripped two parties of their legal registration 
and in February removed the presidents of two additional parties. The 
Government also used administrative and judicial means to harass other 
civil society organizations (See Section 4).

    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 reports of societal 
abuses. In the days following the November elections, unknown actors 
desecrated and vandalized statues of the Virgin Mary that the 
Government had installed in public places during its ``prayer against 
hatred'' campaign. Civil society groups alleged that these statues were 
damaged due to the Catholic Church Episcopal Conference's criticism of 
the Government's handling of the elections.
    There were no reports of discrimination, including anti-Semitic 
acts. The Jewish community had fewer than 50 members.
    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 and freedom to travel and emigrate, and the 
Government generally respected these rights in practice. The Government 
cooperated with the Office of UN High Commissioner for Refugees (UNHCR) 
through humanitarian organizations, such as the International 
Organization for Migration, 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 forced exile in practice.
    The right of citizens to return to the country is not established 
in the constitution, but the Government did not restrict its citizens' 
return in practice. There were no reports of political violence against 
citizens returning from civil-war-era self-imposed exile.

    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. On July 9, the Government implemented a new refugee law that 
establishes a formal refugee commission and provides the legal basis to 
grant refugee status. During the year the Government granted asylum to 
Colombian citizens and FARC members Martha Perez, Doris Torrez, and 
Nubia Calderon. The Government also granted ``safe haven'' status to 
Mexican citizen and FARC member Lucia Morett, who by year's end had 
returned to Mexico.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The new refugee law establishes provisions 
for regularizing the legal status of approximately 6,000 Salvadorans 
who had lived in the country since the civil wars of the 1980s. The new 
law also waives fines imposed on persons who have been in the country 
illegally and offers them a year from July 9, 2008 to regularize their 
status.
    The Council of Protestant Churches in Nicaragua, UNHCR's 
implementing NGO partner in the country, reported that between January 
and August, 97 persons, mainly from Somalia, Eritrea and Ethiopia, 
formally requested and received refugee status.

    Stateless Persons.--Citizenship is derived by birth within the 
territory (jus soli) or through a formal naturalization process. The 
local civil registries normally register births within 12 months, upon 
the presentation of a medical or baptismal certificate; however, many 
persons, especially in rural areas, lacked registration or birth 
certificates. The NGO Child Rights Information Network estimated that 
250,000 children and adolescents lacked legal documentation.
    Persons without citizenship documents were unable to obtain a 
cedula, the national identity card, and therefore had difficulties 
participating in the legal economy, conducting bank transactions, or 
voting. Persons who lacked a cedula also were subject to other 
restrictions in employment, access to courts, and land ownership. Women 
and children lacking citizenship documents were reportedly more 
vulnerable to sexual exploitation by traffickers. The Government did 
not effectively implement laws and policies to provide persons the 
opportunity to obtain nationality documents on a nondiscriminatory 
basis. The NGO campaign ``The Right to a Name and Identity'' worked 
primarily in the RAAN and RAAS to register birth certificates and 
distribute cedulas. The Government did not effectively implement laws 
and policies to provide citizens living outside of the country access 
to citizenship documents on a nondiscriminatory basis. Media reported 
that the Government illegally granted cedulas for political purposes to 
persons who were not citizens of 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; however, the Government restricted the exercise of this 
right in practice.

    Elections and Political Participation.--Domestic and international 
civil society organizations, the Catholic Church, and media reported 
widespread fraud, government interference, abuses, and irregularities 
including violence, intimidation, premature closing of voting stations, 
destruction of ballots, and delayed accreditation of opposition party 
poll watchers during the November 9 municipal elections. The Government 
also excluded opposition party poll watchers from the tabulation of the 
final results. The Government did not permit credible international 
observer groups to monitor the elections. International and domestic 
organizations requested that the Government address the irregularities, 
including through recounting the votes. However, by year's end the 
Government had not conducted a recount or otherwise addressed the other 
reported irregularities.
    There were widespread reports of government manipulation of the 
electoral system in the weeks preceding the elections. The manipulation 
included favoring FSLN supporters in delivering voter identification 
cards and, contrary to election laws, permitting FSLN supporters to 
administer the voter identification application process. Electoral 
authorities delayed the accreditation of opposition party poll watchers 
to prohibit them from monitoring the delivery of electoral material.
    Based on its assessment of damage caused by Hurricane Felix in 
September 2007, the Government stated that it would not hold November 9 
municipal elections in the RAAN. On April 4, the CSE voted to delay 
elections until April 2009 in the RAAN municipalities of Puerto 
Cabezas, Prinzipolka, and Waspam. After violence related to the 
announced postponement erupted in the RAAN on April 4, the National 
Assembly voted on June 11, to schedule elections for January 18, 2009, 
in the RAAN municipalities of Puerto Cabezas, Prinzipolka, Waspam, 
Rosita, Bonanza, Siuna, and Mulukuku.
    There continued to be widespread concerns that the two main 
political parties, the FSLN and PLC, controlled and manipulated the 
political system. Minority political parties could not operate without 
restrictions or outside interference. On February 20, the CSE removed 
the presidents of the Liberal Nicaraguan Alliance and the Resistance 
Party of Nicaragua, on the grounds that the elections of these officers 
were based on erroneous decisions by their respective parties' 
executive committees.
    On June 11, the CSE stripped the Sandinista Renovation Movement 
(MRS) and the Conservative Party (PC) of their legal registrations, 
barring them from participating in elections for the next four years, 
including the November 9 municipal elections. The CSE claimed that the 
MRS failed to properly establish, document, and register its party 
branches. The CSE argued that the PC failed to register the required 
number of candidates for the November municipal elections. On December 
21, the Inter-American Court of Human Rights began investigating the 
Government's stripping of the legal registrations of the MRS and PC.
    There were credible reports that FSLN membership conferred economic 
advantages upon individuals and their families, including required 
letters of recommendation from CPCs to obtain government employment, 
and that government employees were obliged to participate in CPC 
activities. Opposition parties also complained that the Government 
allowed the FSLN to manipulate the voter identification card 
application process, and that the Government intentionally withheld 
voter cards from opposition party supporters.
    There were 17 women in the 92-seat National Assembly, four women in 
the 16-member Supreme Court of Justice, and five women in the 13 
cabinet-level posts. Five persons from indigenous and other ethnic 
groups in the RAAN and the RAAS were deputies 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 often engaged in corrupt 
practices with impunity. There was widespread public perception of 
corruption in many government institutions, particularly in the 
judiciary, the National Assembly, the CSE, the comptroller general, the 
human rights ombudsman, and the national prosecutor. On February 7, 
authorities closed the 2006 investigation of Human Rights Ombudsman 
Omar Cabezas for using government funds for personal benefit but did 
not release a public report on the investigation's findings. On October 
13, Lino Hernandez, an official in the Office of the Comptroller 
General, announced that his office would issue criminal sanctions 
against Cabezas. On October 17, Cabezas challenged the comptroller's 
decision. At year's end there were no further developments in the case.
    Public officials are subject to financial disclosure laws, and the 
Office of the Comptroller is responsible for combating government 
corruption. However, on September 23, Comptroller General Luis Angel 
Montenegro stated that not one official had been punished for 
corruption during President Ortega's administration because it was ``a 
government without corruption.''
    By year's end the Government had not established a coordinating 
office for the Access to Public Information Law. Journalists reported 
substantial difficulties in obtaining requested information from state 
institutions under this law; this included information related to the 
November 9 elections.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
operated in the country. Civil society organizations that focused on 
humanitarian activities generally operated without government 
restriction. However, government officials harassed and intimidated 
domestic and international NGOs that criticized the Government, the 
CPCs, or the FSLN. During the year the Government continued financial 
audits and other investigations of NGOs. Civil society organizations 
reported growing government confrontation with NGOs due to their 
independence and autonomy from government institutions and governmental 
efforts to create adversarial conditions and a ``culture of fear'' to 
suppress NGOs critical of the Government.
    On September 24, the Ministry of Government began investigating 17 
prominent civil society organizations that the Government accused of 
laundering money from international donors. As a result of the 
investigation, the Government froze assets, performed tax audits, and 
disbanded these NGOs during the judicial proceedings against them. The 
Government publication El 19 featured stories alleging that these NGOs 
tried to subvert the Government. The publication provided the names, 
addresses, and phone numbers of the directors of these groups.
    Other domestic human rights organizations reported increased 
problems when filing petitions with the courts and believed that the 
comptroller and tax authorities audited their accounts as a means of 
intimidation. Some human rights organizations reported increased 
problems in scheduling meetings and obtaining information from the 
Government and the ombudsman.
    Several women's rights groups and other NGOs reported that 
government officials threatened them and sought to discredit and 
disband their organizations. On July 8, police without a warrant 
arrested Marcos Carmona, the president of CPDH, at his home and 
detained him for several hours for his alleged aggression in 2007 
against two police officers. Carmona did not see the arrest warrant 
until police displayed it during a press conference later that day. On 
August 6, authorities tried Carmona but cleared him of all charges on 
August 18. Media reported Carmona's arrest and trial as part of the 
Government's intimidation campaign against civil society and opposition 
groups.
    On September 27, CENIDH director Vilma Nunez reported to the press 
that on September 26 alleged Ortega sympathizers vandalized her Leon 
home and sent death threats. Throughout the year CPDH and CENIDH 
employees and their families reported anonymous death threats, 
including text messages accusing them of being CIA agents. Both 
organizations reported that government media outlets Channel 4, Radio 
Ya, and the newspaper El 19 conducted a smear campaign against them.
    NGOs complained that the Government continued to sideline civil 
society organizations not affiliated with the FSLN from participating 
in government social programs, such as Zero Hunger and Zero Usury.
    On September 17, Sofia Montenegro, president of the Women's 
Autonomous Movement (MAM), reported that unknown actors made verbal 
death threats against her and sent her text messages with her photo 
containing the caption ``agent of the CIA.'' On September 20, while she 
was attending a peace demonstration in Leon that Ortega supporters 
violently disrupted, unknown actors threatened Montenegro's life in 
full view of police officers, who did not offer her assistance. At 
year's end there was no information available regarding any 
investigation of the threats against Montenegro.
    The Public Ministry continued its November 2007 investigation 
against nine prominent women's rights advocates who provided social and 
legal services to sexual abuse victims. NGOs complained that the 
ministry launched the investigation to intimidate defenders of women's 
rights and members of the MRS.
    The Government generally cooperated with international 
organizations and permitted visits by the UN Development Program and 
other UN representatives.
    Human rights NGOs and former ombudsman officials asserted that the 
ombudsman was politicized, influenced by partisan interests, and lacked 
independence to comply with its mandate. On September 23, Human Rights 
Ombudsman Omar Cabezas publicly called Human Rights Watch Director Jose 
Vivanco a criminal and a fascist due to Vivanco's critical reporting on 
Venezuela. By year's end the PDDH had not issued its annual report to 
the National Assembly, but made recommendations regarding persons with 
disabilities and prison conditions. There was minimal government 
response to the PDDH's recommendations.
    The National Assembly operated a human rights committee that 
focused primarily on amnesties and pardons. Civil society viewed the 
committee as controlled by partisan forces and not credible.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, gender, 
disability, language, or social status. In practice the Government 
often did not enforce these legal protections, and aggrieved persons 
filed few discrimination suits or formal complaints. There were reports 
of societal abuses and discrimination against persons of Afro-Caribbean 
descent, indigenous communities, homosexuals, and persons with HIV/
AIDS.

    Women.--The law criminalizes all forms of rape, regardless of the 
relationship between the victim and the accused, and the Government 
generally enforced the law. Women may apply the law against their 
spouses. However, many women were reluctant to report abuse or file 
charges due to the social stigma attached to rape, fear of retribution, 
and loss of economic security. Through December the NNP Women's Police 
Commissariats reported 3,482 cases of sexual crimes, including 1,289 
cases of rape, 47 cases of aggravated rape, 92 cases of attempted rape, 
and 704 cases of statutory rape. There were no reliable statistics 
available regarding the number of rape prosecutions or convictions. 
Women's rights NGOs reported that at least 12 sexual assault 
perpetrators were absolved of all charges, even though the prosecutor's 
office presented ample evidence and witnesses of their crimes.
    On September 26, the Office of the Attorney General released a 
letter from Zoilamerica Narvaez, in which Narvaez announced that out of 
concern for the welfare of her family and the use of her case for 
political purposes during the elections, she had withdrawn her 2003 
petition to the Inter-American Commission on Human Rights that alleged 
her stepfather, President Daniel Ortega, had raped her in the 1980s.
    The law criminalizes domestic violence and provides up to six 
years' imprisonment for those found guilty. The law also provides for 
the issuance of restraining orders to protect women who fear for their 
safety. NGOs asserted that the law was selectively enforced. Spousal 
abuse was widespread and underreported. The Supreme Court of Justice 
Institute of Forensic Medicine reported there were at least 11,184 
cases of domestic violence, of which 52 percent were between domestic 
partners and approximately 4 percent involved domestic violence against 
children. The PDDH Special Prosecutor for Women reported that more 
women were killed violently during the first six months of the year 
than in the same period in 2007. Police reported a 25 percent increase 
in the filing of gender-based and domestic violence complaints during 
the first six months of the year compared with the same period in 2007.
    Police Commissioner Aminta Granera required police officers to 
complete training sponsored by CEPREV and other NGOs to improve the 
police's capacity to deal with domestic violence. The NNP continued a 
campaign to raise public awareness regarding domestic violence and help 
victims of domestic abuse. Reports of violence against women continued 
to increase, a rise likely attributable to a greater public willingness 
to come forward to authorities. Primarily due to cultural attitudes, 
impunity regarding violence against women remained a problem. The law 
requires female victims of sexual crimes to undergo medical testing by 
Supreme Court of Justice forensic specialists before proceeding with 
legal action against perpetrators. A lack of female forensic doctors 
deterred women from taking legal action against sexual offenders. 
Sexual abuse and rape of adolescent girls continued, including cases 
involving incest.
    There were no government-operated shelters dedicated to female 
victims of violence and other forms of abuse. The Network of Women 
Against Violence operated the only three shelters in the country 
designated solely to assist women.
    There were 32 NNP women's commissariats operating throughout the 
country. The commissariats provided social and legal help to women, 
mediated spousal conflicts, investigated and helped prosecute criminal 
complaints, and referred victims to other governmental and 
nongovernmental assistance agencies. Although they intensified public 
awareness campaigns to encourage women to report spousal abuse and 
other violence, commissariats lacked equipment and funding to 
adequately discharge their responsibilities. In December 2007 the 
Government initiated a campaign to involve all family members in 
combating domestic violence, and in the ensuing six months, the number 
of such cases reported increased by 96 percent compared to the same 
period in 2007.
    Prostitution, which is legal for persons 14 years of age and older, 
was common, although the law prohibits its promotion, including 
procurement. In Managua most prostitutes worked on the streets, in 
nightclubs and bars, or in massage parlors. The law imposes a penalty 
of five to seven years' imprisonment for convicted sex tourism 
offenders. The NNP reported no cases of sex tourism during the year.
    The law prohibits sexual harassment, and those convicted face 
between one and three years' imprisonment, or between three and five 
years' imprisonment if the victim is under 18 years old. The NNP 
women's police commissariats reported 375 cases of sexual harassment 
during the year. The Network of Women against Violence reported that 
the law was rarely enforced and that police statistics on sexual 
harassment did not fully reflect the extent of the problem.
    The law provides that women enjoy the same rights as men, including 
family and property rights. The NNP Office of the Superintendent of 
Women is responsible for enforcing the law to protect women. In 
practice authorities often discriminated in property matters against 
poor women who lacked birth certificates or national identity cards. 
The Office of the Human Rights Ombudsman Special Prosecutor for Women 
and the Nicaraguan Women's Institute are the principal government 
entities responsible for protecting the legal rights of women. However, 
they had limited effectiveness.

    Children.--Although the Government publicly expressed its 
commitment to children's human rights and welfare, it did not develop 
national policies or coordinate effectively with national and 
international NGOs to address children's matters.
    The Government did not register all births immediately, with the 
result that many children and adolescents lacked birth certificates, 
were not listed in the national civil registry, lacked legal identity, 
were denied public services, and had to work or beg in the streets (See 
Section 2.d.).
    Violence against children remained a significant problem. CEPREV 
reported that, as in the previous year, one of three girls and one of 
five boys were victims of sexual abuse. An Esteli Forensic Clinic study 
found that 87 percent of rape, sexual crimes, and abuse victims were 
children. NGOs reported continuing cases of forced child marriage 
between young girls and older men. There was no information available 
on government efforts to combat the problem.
    Child prostitution remained a problem. The law permits juveniles 14 
years of age or older to engage in prostitution. The country was a 
destination for child sex tourism, primarily in Granada and Managua; 
however, there were no reported cases during the year.
    On September 21, First Lady Rosario Murillo unveiled the Government 
Amor program to remove 25,000 children from the streets and Managua 
child protection centers. The program created Child Development Centers 
(CDI) to enable parents to provide for their families and improve their 
economic circumstances, while also encouraging foster homes for 
orphaned children.
    Media reported that personnel sexually, physically, and emotionally 
abused children living in Ministry of Family child protection centers. 
By year's end the Ministry of Family had not conducted a formal 
investigation based on the PDDH's 2007 report characterizing living 
conditions of children in government protection centers as ``jail-
like.''

    Trafficking in Persons.--The law prohibits trafficking in persons 
for purposes of forced sexual exploitation but does not identify forced 
labor exploitation as trafficking. There were reports that persons were 
trafficked from, through, and within the country.
    The Government reported that the country was primarily a source and 
transit point for trafficking in persons. The Judicial Auxiliary Police 
reported 13 trafficking cases involving 24 victims during the year. Of 
these cases, 10 resulted in prosecutions, two were under investigation, 
and one was closed for lack of evidence.
    NGOs reported that trafficking in persons was a serious and 
increasing problem in the country. The country was a source for women 
and children trafficked for sexual exploitation primarily to tourist 
areas within El Salvador, Guatemala, Honduras, and Costa Rica. Victims 
were also trafficked internally, primarily from poorer areas to 
Managua. Trafficking for labor exploitation also occurred.
    Poverty, illiteracy, lack of economic opportunity, porous borders, 
and vast areas of sparsely populated territory in the RAAN and RAAS 
contributed to making the country a major source of trafficking victims 
in the Central America region.
    Persons trafficked from the country to foreign destinations usually 
were young women and girls from rural areas, poor neighborhoods in 
urban centers, or border towns. The main groups at risk were young and 
uneducated women and children from poor, rural areas; victims of 
domestic abuse and sexual violence; and persons lacking legal 
identification documents required for persons more than 16 years old. 
Young women from poor areas of Managua and border towns were at the 
greatest risk of internal and external trafficking. Traffickers 
recruited undocumented Nicaraguan boys to work as unpaid labor on farms 
in Costa Rica.
    The Office of the Special Prosecutor for Children and Adolescents, 
other government agencies, and NGOs reported that traffickers included 
organized crime, taxi driver networks, family operations, persons 
running brothels, and former victims of prostitution. Traffickers used 
night clubs, massage parlors, hotels, brothels, and restaurants to 
recruit and deceive victims. Traffickers lured persons lacking cedulas 
(national identity cards) with the promise of proper travel 
documentation.
    Many trafficked victims used legal migration procedures. 
Traffickers sometimes exploited the minimal documentation requirements 
within El Salvador, Guatemala, Nicaragua, and Honduras to transport 
trafficking victims through official ports of entry. Traffickers also 
took advantage of the low price of falsified immigration documents to 
move victims through the country. The NGO Casa Alianza reported that 
traffickers did not need to use clandestine methods to transport 
victims because traffickers were able to operate freely within the 
country using regular public and private transportation services.
    Trafficking for sexual exploitation carries a sentence of between 
four and 10 years in prison. The maximum penalty is applied against 
perpetrators in cases where the victim is married, less than 14 years 
of age, or living as a concubine with the perpetrator. There are no 
penalties for attempted trafficking. Labor trafficking is not 
criminalized, and laws against commercial sexual exploitation of minors 
do not protect all adolescents under 18 years old. The failure of the 
Government to allocate adequate resources, the slow pace of law reform, 
judicial corruption, lack of border and immigration controls, and 
inadequate government coordination efforts impeded government efforts 
to combat trafficking.
    There was no information available regarding any developments in 
the investigation of two trafficking suspects apprehended in December 
2007 at Managua airport while they were allegedly trying to put 
unaccompanied children on an airplane to Atlanta, Georgia.
    On March 31, police stopped a bus illegally transporting 80 
children from Sandy Bay in the RAAN to a location in Managua. On April 
1, the special prosecutor for children's rights accused Delayda Wilson, 
a RAAN Ministry of Family official, RAAN Regional Governor Reynaldo 
Francis, Puerto Cabezas Police Commissioner Bayardo Rosales, and 
Elizabeth Enriquez, the mayor of Puerto Cabezas, with kidnapping and 
violating the human rights of the children. The minister of the family 
stated that she had not authorized the transfer. The authorities 
returned the children to Sandy Bay on April 1, but did not bring 
charges against the RAAN government officials.
    The Public Ministry is charged with prosecuting trafficking cases. 
The Ministry of Government has primary responsibility for combating 
trafficking through the National Coalition Against Trafficking in 
Persons, which coordinates efforts with 16 ministries and autonomous 
government agencies, and with national and international organizations. 
The Government worked with the IOM, Casa Alianza Nicaragua, and Save 
the Children to investigate trafficking cases and protect victims. The 
judicial police handle trafficking complaints.
    NGOs reported that the Government did not cooperate with or assist 
international investigations against trafficking. The law does not 
permit the Government to extradite Nicaraguan citizens to other 
countries, regardless of the crime.
    The Government did not allocate sufficient resources to identify 
victims and failed to provide effective access to judicial remedies for 
victims. Judges often treated victims as complicit parties in 
trafficking cases. A lengthy hearing process deterred some victims from 
submitting cases. NGOs undertook most efforts to reintegrate victims 
into society. Casa Alianza operated the only two shelters in Managua 
for victims of trafficking.
    The Ministries of the Family and Government continued collaborating 
with civil society organizations to promote an antitrafficking public 
awareness campaign. Social workers, lawyers, and healthcare workers 
staffed an emergency 24-hour hot line to encourage reporting of 
trafficking incidents; however, inadequate coordination with police 
reportedly undermined the hot line's effectiveness. The Ministry of 
Government reported that the NNP continued its efforts to combat and 
prevent trafficking in persons by disrupting operations, increasing 
police presence, and targeting massage parlors, nightclubs, and other 
suspected centers of trafficking activity. The Ministry of Government, 
the Department of Immigration, and the National Coalition Against 
Trafficking in Persons made public service announcements at immigration 
check points to warn people traveling outside the country about the 
risk of human trafficking and provided instruction on prevention, 
protection, and reporting of trafficking crimes.
    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, but in practice 
such discrimination was widespread in employment, education, access to 
health care, and the provision of state services. The Government did 
not effectively enforce the law with regard to protection of persons 
with disabilities and did not mandate accessibility to buildings for 
persons with disabilities. On September 16, the NGO Women with 
Disabilities convened a forum to increase awareness about 
discrimination its members experienced in employment, access to credit, 
and education. On September 30, the PDDH special prosecutor for persons 
with disabilities released a study reporting that 80 percent of public 
health buildings lacked signs in braille, interpreters for the deaf, or 
access ramps or bathrooms to accommodate persons in wheelchairs.
    The Nicaraguan Institute of Statistics and Census reported in a 
2003 study, the most recent available, that approximately 10 percent of 
the population had some type of disability, few of whom received 
adequate medical treatment. Government clinics and hospitals provided 
care for war veterans and other persons with disabilities, but the 
quality of care was generally poor. The Government continued a public 
relations campaign focusing on greater integration into society of 
persons with disabilities. The Ministry of the Family is responsible 
for the protection and advancement of rights for persons with 
disabilities.
    On April 24, a court sentenced an Esteli teacher to 18 years' 
imprisonment in one of four August 2007 cases of abuse of children with 
disabilities. At year's end there was no information available 
regarding the status of the other three cases.

    National/Racial/Ethnic Minorities.--Various indigenous and other 
ethnic groups from the RAAN and RAAS attributed the Government's lack 
of resources devoted to the Atlantic Coast to discriminatory attitudes 
toward ethnic, racial, and religious minorities in those regions. In 
contrast with the rest of the country, the racial makeup of the RAAN 
and the RAAS was predominantly black and Amerindian.
    Exclusionary treatment based on race, skin color, and ethnicity was 
common, especially in higher-income urban areas. Darker-skinned persons 
of African descent from the RAAN and RAAS and foreigners assumed to be 
from those areas experienced social discrimination in the interior and 
Pacific areas and were denied access to private clubs and restaurants 
in Managua. Persons with darker skin claimed that authorities at 
Managua airport targeted them for extra security measures and that 
police stopped them to conduct illegal searches. There was no 
information available on government efforts to address discrimination 
based on skin color, race, or ethnicity.

    Indigenous People.--Indigenous people constituted approximately 5 
percent of the country's population and lived primarily in the RAAN and 
RAAS. The five major identifiable indigenous groups were the Miskito, 
the Sumo, the Garifuna of Afro-Amerindian origin, the Mayangna, and the 
Rama. These groups alleged government discrimination through 
underrepresentation in the legislative branch. For instance, the RAAN 
and RAAS had the same population sizes as the departments of Leon and 
Masaya but had only five representatives in the National Assembly 
compared with 10 for Leon and Masaya.
    Most indigenous people in rural areas lacked access to modern 
health care, and deteriorating roads made medicine and health care 
almost unobtainable for many communities. The rates of unemployment, 
illiteracy, and absenteeism of school-age children were among the 
highest in the country. In its 2008 report, the UN Committee on the 
Elimination of Racial Discrimination (CERD) noted the persistence of 
racial stereotypes in the country and the lack of access to health 
services in the RAAN. The CERD requested that the Government develop a 
national strategy to combat racism and forge a new relationship with 
indigenous and ethnic minority communities.
    Human rights organizations and indigenous rights groups claimed 
that the Government failed to protect indigenous communities' civil and 
political rights, including rights to land, natural resources, and 
local autonomy. On December 7, Rama community leaders filed a lawsuit 
against the Government for illegally delaying for more than one year 
land titling in the RAAS. On December 18, the Government office charged 
with settling title claims issued titles to a Mayangna community in 
Awas Tingni. Miskito, Rama, and Mayangna leaders claimed that the 
Government discriminated against them by not providing interpreters for 
court cases or native language translations of government documents.
    There were no new developments, and none were expected, regarding 
the 2006 lawsuit CPDH filed with the Supreme Court of Justice on behalf 
of the Miskito community in relation to the Red Christmas operation and 
other human rights abuses committed in the 1980s by then president 
Daniel Ortega and other ranking Sandinista officials.
    On September 25, Attorney General Hernan Estrada presented a check 
for 2,227,500 cordobas (approximately $111,425) to Brooklyn Rivera, the 
Yatama leader, in response to the IACHR 2006 request that the 
Government indemnify the Yatama indigenous organization for excluding 
Yatama from participation in 2004 municipal elections.
    Although the law requires that the Government consult indigenous 
persons regarding the exploitation of their areas' resources, some 
indigenous communities continued to complain that government 
authorities excluded RAAN and RAAS indigenous people from meaningful 
participation in decisions affecting their lands, cultures, traditions, 
and the allocation of natural resources. Representatives of autonomous 
regions and indigenous communities regularly complained to the 
Government, media, and NGOs that the Government failed to invest in 
infrastructure in those regions.
    Civil society groups representing RAAN indigenous communities 
continued requesting that the National Assembly and the Office of the 
President establish a government commission to investigate alleged 
human rights violations relating to the Government's response to the 
September 2007 Hurricane Felix.

    Other Societal Abuses and Discrimination.--Although sexual 
orientation is not mentioned specifically, the constitution states that 
all persons are equal before the law and have the right to equal 
protection. The new penal code, implemented in July, repealed criminal 
penalties relating to same-sex relations. However, homosexual persons 
continued to face widespread discrimination and human rights abuses 
based on their sexual orientation. Gay rights activists reported that 
the Public Ministry received at least 10 complaints during the year 
alleging that education and health institutions discriminated against 
persons because of their sexual orientation.
    The law provides specific protections for persons with HIV/AIDS 
against employment and health services discrimination. However, persons 
with HIV/AIDS continued to suffer societal discrimination based on 
their alleged HIV/AIDS or sexual orientation status. Several NGOs 
worked to educate communities regarding HIV/AIDS discrimination. 
Communities often stigmatized persons with HIV/AIDS, and there was a 
general lack of awareness and education among the public and health 
care professionals regarding prevention, treatment, and transmission of 
HIV/AIDS.
    On June 30, the Public Ministry announced that it was bringing 
charges against health care professionals Martha Zuniga Trujillo, 
Amelia Membreno, and Meyling Castro Ubeda for allegedly misdiagnosing 
Maria Josefa Rivera Castro as having AIDS in 2001 and publicizing that 
mistaken diagnosis. At year's end a judge was reviewing the case.
Section 6. Worker Rights
    a. The Right of Association
    The law provides for the right of all public and private sector 
workers, with the exception of those in the military and police, to 
form and join independent unions of their choice. Workers exercised 
this right in practice. Workers are not required to notify their 
employer or the Ministry of Labor (MITRAB) of their intention to 
organize a union. The unionized workforce represented approximately 4.5 
percent of the total workforce between 15 and 60 years old. In general 
labor unions were allied with political parties.
    On November 15, in the Jose Ruiz Health Center in El Viejo, 
Chinandega, the government-sponsored Federal Healthcare Trade Union 
(FETSALUD) and MITRAB impeded health care workers from forming a union. 
The workers were already members of FETSALUD but decided to form an 
independent union. The workers alleged that when they filed their new 
union registration petition, the labor inspector shared this 
information with his father, a FEDASALUD leader and health ministry 
official, who told the workers to stay with FETSALUD or risk being 
fired.
    The constitution recognizes the right to strike, and the law allows 
unions to conduct their activities without government interference. 
However, burdensome and lengthy labor code conciliation procedures 
impeded workers' ability to call strikes. During a strike employers 
cannot hire replacement workers. If a strike continues for 30 days 
without resolution, MITRAB has authority to suspend the strike and 
submit the matter for arbitration. MITRAB often declared strikes 
illegal, even when workers followed legal strike procedures.
    Government security forces violently interfered with the national 
transportation strike. On May 5, professional drivers of trucks, buses, 
and taxis demanded that the Government freeze rising fuel prices, 
parked their vehicles along major highways, and blocked traffic. Union 
leaders alleged that on May 6, under express instructions from 
President Ortega to end the strike, police in Leon destroyed the 
windows of 40 vehicles and towed them away. On May 13, police in Las 
Maderas shot rubber bullets and injured strikers in an attempt to quash 
the strike. In June the strike ended peacefully only after President 
Ortega publicly promised the strikers a fuel subsidy, which he 
subsequently delivered.
    On July 24, workers at Panzyma Laboratories in El Crucero formed a 
new union. On July 31, company management fired Marlon Dona, a leader 
of the union. On August 4, the MITRAB accorded legal status to the 
union. On August 7, union leaders presented management with a list of 
the union's board of directors, and on August 13, they presented MITRAB 
with a letter regarding their intention to bargain collectively. On 
that same day management notified union members of the immediate 
cancellation of their employment contracts. On August 14, workers began 
to strike due to the illegal firings. On August 15, management called 
police to forcibly remove the strikers. Workers filed a labor rights 
complaint with MITRAB and a police abuse complaint with the NNP and the 
Legal Medicine Institute. Although the local labor inspector issued 
resolutions revoking the firings, management refused to comply with the 
order and appealed the decision to the Inspector General's Office. On 
August 29, the Inspector General's Office ruled against the strikers 
and ordered them to return to their jobs within 72 hours. In October 
workers abandoned their efforts to form a new labor union.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to collective bargaining. A collective 
bargaining agreement cannot exceed two years and is automatically 
renewed if neither party requests its revision. The Government 
protected these rights and often sought to foster resolution of labor 
conflicts through informal negotiations rather than formal 
administrative or judicial processes. Companies in disputes with their 
employees must negotiate with the employees' union, if one exists. By 
law several unions may coexist at any one enterprise. The law permits 
management to sign collective bargaining agreements with each union 
operating at the enterprise.
    The new penal code, which entered into force in July, establishes 
sanctions against employers who violate labor rights, such as 
interfering with the formation of unions or strikebreaking. In practice 
many employers in the formal sector continued to violate worker rights 
by blacklisting or firing union members. Employers also avoided legal 
penalties by organizing for their employees ``white unions'' (employer-
led unions), which lacked independence. Union leaders asserted that 
employers that who supported the Ortega administration often pressured 
workers affiliated with independent unions to resign and register with 
FSLN unions.
    Although employers must reinstate workers fired for union activity, 
MITRAB cannot legally order employers to rehire fired workers. Formal 
reinstatement requires a judge's order. The law allows employers to 
obtain permission from MITRAB to dismiss any employee, including union 
organizers, provided the employer agrees to pay double the usual 
severance pay. In practice employers often did not reinstate workers 
due to weak enforcement of the law.
    On September 18, an opposition member and union leader from the 
Federation of Democratic Workers of the Public Sector complained that 
Ministry of Transportation and Infrastructure (MTI) officials harassed 
and fired him illegally for defending 20 other illegally dismissed 
union members from the MTI and also for allegedly disrespecting the 
FSLN Minister of Transportation and Infrastructure.
    Labor leaders complained that employers routinely violated 
collective bargaining agreements and labor laws. During the year MITRAB 
carried out 6,138 inspections and issued fines to 18 companies, 
including some that operated in the Export Processing Zones (EPZs).
    There are no special laws or exemptions from regular labor laws in 
the 41 EPZs. Less than 10 percent of the estimated 65,500 EPZ workers 
were union members. Because a high proportion of EPZ unions had fewer 
than 50 members, many lacked effective collective bargaining power.
    The NGO International Solidarity Center reported allegations of 
violations of the right to organize and bargain collectively, 
especially in the EPZs, where employers stalled negotiations and 
allegedly fired or harassed employees trying to form unions. Labor 
leaders complained of labor violations involving the closings of EPZ 
factories KB Manufacturing, Everly, and Mil Colores. Other unionized 
clothing manufacturers in the EPZs closed, or threatened to close, to 
avoid paying claims for back wages and severance.
    On June 6, the Nien Hsing Garment factory closed its operations, 
dismissing 9,600 of its 14,839 employees. The Mexican company C&C, 
owned by three of the former Nien Hsing factory owners, hired the 5,289 
remaining Nien Hsing employees.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred. The law does not prohibit the 
trafficking of persons for forced labor. The Government did not 
effectively enforce the law or implement programs to combat forced 
labor. There were instances of forced domestic servitude, primarily of 
female minors, and of forced prostitution of minors who were trafficked 
to urban centers from other countries or from rural areas within the 
country (See Section 5, Trafficking).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although the law provides for the protection of children's rights and 
prohibits any type of economic or social exploitation of children, 
child labor was a widespread problem. The Government did not 
effectively enforce the law to protect children from workplace 
exploitation. The 2005 National Survey of Adolescent and Child Labor, 
the most recent available, estimated that there were approximately 
239,000 working children between five and 17 years old, of whom 36 
percent were less than 14 years old. NGOs estimated that there was a 
decline in the number of children working between the ages of five and 
nine years old, because the Government eliminated fees to attend public 
school. However, these NGOs noted a substantial increase in the number 
of children between ages 14 and 17, especially those who were 
illiterate, working in the most dangerous forms of child labor.
    The law establishes the minimum age for employment at 14 years and 
limits the workday to six hours. Children between 14 and 16 years of 
age must have parental approval to work. The law prohibits teenage 
domestic workers from sleeping in the house of their employers. MITRAB 
is responsible for caring for those teenage domestic workers unable to 
return each evening to their families.
    During the year the Social Security Office (INSS) decreed that all 
employees more than 14 years old must be enrolled in the INSS social 
security system. The law also provides for eight-year prison terms and 
substantial fines for persons employing children in dangerous work and 
permits inspectors to close facilities employing child labor. The 
Government did not provide adequate resources for MITRAB to effectively 
enforce the law except in the small formal sector.
    Most child labor occurred in the large informal sector, including 
on coffee plantations and subsistence farms, and in forestry, fishing, 
and hunting. According to the International Labor Organization's 
International Program on the Elimination of Child Labor, children 
engaged in the worst forms of child labor in plantation agriculture, 
shellfish harvesting, pumice and limestone quarrying, gold mining, 
industrial manufacturing, construction, commercial/retail, hospitality, 
and as domestic servants. Employers also used child laborers to cross 
major land borders with drugs and other contraband.
    Children working in agriculture suffered from exposure to the sun, 
extreme temperatures, humidity, and dangerous pesticides and other 
chemicals. Hundreds of children working with their families faced 
exposure to sun, extreme temperatures, water pollution, and powerful 
ocean tides in harvesting black clams for ceviche.
    The Government updated its national plan to eradicate the worst 
forms of child labor but did not coordinate its efforts with NGOs. On 
July 9, the Government appointed First Lady Rosario Murillo as the 
president's representative for the National Council on Childhood and 
Adolescence Integral Protection, which coordinates government efforts 
on children's rights and activities with civil society groups. The 
Government continued activities to incorporate working adolescents into 
the formal workforce by transferring children from the worst forms of 
child labor into nondangerous activities. NGOs offered vocational 
training to help adolescents develop job skills for EPZ factory 
employment. Through its inspections network, which included two child 
labor inspectors, MITRAB removed 394 child workers from coffee 
plantations.

    e. Acceptable Conditions of Work.--The national minimum wage law 
establishes a statutory minimum wage for nine different economic 
sectors and is set through tripartite negotiations involving business, 
government, and labor. The National Assembly must approve any wage 
increases.
    During the year the Government increased the minimum wage by an 
average of 33 percent. The monthly minimum wage ranged from 1,392 
cordobas (approximately $71) in the agricultural sector to 3,232 
cordobas ($166) in the financial sector. A Central Bank review of the 
minimum wage adjustment reported that the minimum wage remained 
significantly below the Government's estimated basic cost of goods for 
an urban family of 8,670 cordobas ($455). In general the minimum wage 
was enforced only in the formal sector.
    The standard legal workweek is a maximum of 48 hours, with one day 
of rest; however, this provision was often ignored by employers who 
claimed that workers readily volunteered for extra hours for additional 
pay. While the law mandates premium pay for overtime and prohibits 
excessive compulsory overtime, these requirements were not always 
effectively enforced.
    The law establishes occupational health and safety standards, but 
the Government did not allocate adequate staff or resources to enable 
the Office of Hygiene and Occupational Safety to enforce these 
provisions. The new labor hygiene and security law mandates the 
creation of regional offices for the National Council of Labor Hygiene 
and Safety. The council is responsible for worker safety legislation, 
collaboration with other government agencies and civil society 
organizations in developing assistance programs, and promoting training 
and prevention activities. The Government did not enforce the new law 
effectively. By year's end the Ministry of Labor had conducted 1,337 
hygiene and occupational safety inspections of companies.
    The law provides workers with the right to remove themselves from 
dangerous workplace situations without jeopardizing continued 
employment, but many workers were unaware of this right.
    Employers did not provide appropriate occupational health and 
safety training and adequate diving equipment for lobster divers in the 
RAAN, who had access to only one decompression chamber. On June 15, two 
Miskito community lobster divers suffered from decompression sickness 
after working at a depth of 120 feet, under conditions that lacked 
minimum required safety measures and equipment.

                               __________

                                 PANAMA

    Panama, a constitutional democracy with an elected executive 
composed of a president and two vice presidents, has a population of 
approximately 3.3 million. In 2004 Democratic Revolutionary Party 
candidate Martin Torrijos won the presidency in national elections 
considered to be generally free and fair by international and domestic 
observers. Civilian authorities generally maintained effective control 
of the security forces.
    Although the Government generally respected the human rights of its 
citizens, serious problems remained. These included harsh prison 
conditions and abuse by prison guards; prolonged pretrial detention; 
corruption, ineffectiveness, and political manipulation of the judicial 
system; political pressure on the media; discrimination and violence 
against women; trafficking in persons; discrimination against 
indigenous communities; 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.
    The Truth Commission, which operated from 2000 to 2004, documented 
70 cases of murder and 40 disappearances during the 1968-89 military 
dictatorship. In October the attorney general announced that 
investigations had been either opened or reopened in 47 of these 110 
cases in the past three years because of new evidence brought forward 
by the Special Instruction Agency of the Public Ministry. Sets of 
remains have been found in 15 of these 47 cases.
    In July the attorney general opened an investigation into the 
alleged killings of more than 20 persons who reportedly were thrown 
from helicopters in the Darien region in the period 1982-83.
    In December the attorney general charged the former minister of 
government and justice with homicide for a killing in 1971. The charge 
followed a series of investigative reports in the daily newspaper La 
Prensa about alleged crimes committed by the sitting minister during 
the military dictatorship.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Supreme Court of Justice has ruled that the statute of 
limitations bars further prosecution of seven of the 40 cases of 
persons who disappeared during the 1968-89 military dictatorship.
    The Public Ministry sent four sets of remains to DNA laboratories 
abroad for a determination of identity. Collateral evidence suggested 
that one set of remains pertained to priest Hector Gallego, who 
disappeared in 1971.
    In September the Inter-American Commission on Human Rights (IACHR) 
ordered the Government to pay $206,000 (the U.S. dollar is the official 
paper currency but is officially referred to as the Balboa) to the 
family of Heliodoro Portugal, who disappeared in 1970 during the 
military dictatorship, and to investigate, prosecute, and punish those 
responsible for his disappearance.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits treatment or punishment that 
harms the physical, mental, or moral integrity of persons.
    Prison guards sometimes physically abused inmates. Through October 
the Panamanian National Police (PNP) Directorate of Professional 
Responsibility (DRP) opened 35 cases of prison guard abuse against 
inmates. The ombudsman received 169 complaints about prisons and prison 
guards, including complaints about abuse, general prison conditions, 
permission to work and study, and other complaints.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and, in some cases, life threatening. Many problems within the 
prisons stemmed from overcrowding, lack of separation of inmates 
according to the type or severity of the crime committed, and the use 
of police stations as detention facilities. As of September the prison 
system, which had an official capacity of 7,115 persons, held 10,570 
prisoners.
    Abuse by prison guards, mainly PNP custodians, was a problem. 
Generally, authorities forwarded cases involving criminal offenses to 
the Public Ministry for prosecution. As of September the Public 
Ministry had opened cases against 35 officers for corruption, abuse of 
authority, violence, and other offenses.
    Prison authorities provided inadequate medical care. HIV/AIDS, 
tuberculosis, hepatitis B, and other communicable diseases were common 
among the prison population. Through early September, 25 prisoners died 
of such causes as AIDS, stabbing, and cardiac arrest. During the year 
only 15 physicians served the prison system; they provided medical 
attention during limited morning hours. In February a 60-bed clinic 
opened at La Joyita.
    By year's end two persons allegedly involved in the January 2007 
killing of one inmate and the wounding of another in the Basilio Lakas 
detention facility were in custody awaiting trial. In the first four 
months of the year, four civilian corrections officers were dismissed 
for various offenses, and 10 former civilian correction officers were 
imprisoned for drug-related crimes.
    The General Penitentiary Inspection Directorate (DGSP) depended on 
732 PNP officers to supply both internal and perimeter security at all 
prisons. There were 707 civilian custodians for the entire prison 
system. The DGSP continued to use regular PNP officers, who sometimes 
lacked training for prison duty, to fill staffing gaps. In prisons 
controlled by the PNP, prisoners complained of human rights violations, 
such as limited time outside of cells and limited access to family 
visits. Civilian custodians are responsible for inmates within Nueva 
Esperanza, Tinajitas, El Renacer, and the central women's prisons in 
Panama and Chiriqui provinces.
    Small jails attached to local police stations around the country 
sometimes held prisoners for the entire length of their sentences, but 
police officers who guarded them lacked the necessary custodial 
training to prevent abuses, and typically the detention facilities were 
not suitable for long-term detention.
    Although conditions at women's prisons and at juvenile detention 
centers were noticeably better than at adult male prisons, female 
prisoners, especially in primary detention areas, reportedly suffered 
from overcrowding, poor medical care, and lack of basic supplies for 
personal hygiene. There were no reports of sexual or other violence in 
women's prisons. These prisons were administered by female directors, 
custodians, and secretaries. Unlike prisons for men, women's prisons 
did not maintain conjugal visit programs.
    With the exception of one modern facility near Panama City, 
juvenile pretrial and custodial detention centers throughout the 
country suffered from inadequate resources to provide for education or 
supervision. Pretrial detainees often shared cells with convicted 
prisoners, and first offenders were held with recidivists due to space 
constraints.
    The Office of the Ombudsman had an established prison visit 
program, and the Government generally allowed ombudsman staff to speak 
with prisoners without monitoring. The office accepted complaints from 
prisoners or their families; however, prisoners expressed fear of 
retaliation if they complained. The nongovernmental organization (NGO) 
Justicia y Paz of the Catholic Bishops Conference brought prison abuses 
to the attention of the authorities, including the presentation in 
March of a report to the IACHR regarding abuses and other dangerous 
conditions in prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. The law permits exceptions when an officer apprehends a 
person during the commission of a crime or when an individual 
interferes with an officer's actions. The law provides that suspects be 
brought promptly before a judge; however, lack of prompt arraignment 
continued to be a problem. The law requires arresting officers to 
inform detainees immediately of the reasons for arrest or detention and 
of the right to immediate legal counsel. There is a functioning bail 
system and detainees were allowed prompt access to family members. 
During the year the police arrested and detained 2,699 children for 
minor infractions during neighborhood sweeps.

    Role of the Police and Security Apparatus.--The Judicial Technical 
Police was absorbed into the PNP at the beginning of the year and 
replaced by a new judicial investigation unit, the Directorate of 
Judicial Investigation. Although its primary mission is law 
enforcement, the PNP was also detailed for prison security. At the 
beginning of the year, a National Frontier Directorate was created 
within the PNP, and in August it became an independent force, the 
National Frontier Service (SENAFRONT). The country has no army, 
although civilians, the media, and political opponents of the 
Government claimed that SENAFRONT would become a ``mini-army.'' The PNP 
and SENAFRONT are under the civilian authority of the Ministry of 
Government and Justice. There were 14,682 police officers in PNP and 
SENAFRONT altogether. The law includes specific guidelines for the use 
of force, including deadly force; requires that police officers respect 
human rights; and prohibits instigation or tolerance of torture, 
cruelty, or other inhuman or degrading behavior.
    Corruption among police officers remained a problem. Police 
officers frequently were involved in cases of narcotics smuggling and 
other crimes. The Government regularly investigated and prosecuted 
officials involved in criminal activity. In October the PNP director 
announced that five police officers would be removed from their posts 
and turned over to authorities for alleged links to a drug theft.
    During the year prisoners at La Joya prison paid prison guards on 
two separate occasions to help them escape; several officers were later 
arrested and faced criminal charges. Problems of corruption at the 
higher levels of the PNP remained and generally were not pursued as 
vigorously as were cases against lower-level officers. In October, 
however, the DRP referred to the Public Ministry a case against a high-
level officer for misappropriation of public funds after an internal 
investigation found him guilty.
    The DRP has a staff of independent investigators to hold officers 
accountable for their actions, administrative authority to open 
internal investigations, and a defined legal process. The staff 
received training in polygraph usage and conducting internal 
investigations.
    The PNP's deputy director and Secretary General addressed human 
rights problems that arose in the police force. A new Directorate of 
Human Rights, created in September, is responsible for levying 
sanctions on officers for human rights violations. Through October the 
human rights ombudsman received 24 complaints against police officials 
for abuse of authority. PNP officers regularly underwent human rights 
training.
    As of September the DRP had opened 751 disciplinary proceedings 
against police, including 123 for domestic violence, 86 for corruption, 
and 99 for inappropriate conduct. Through September the PNP dismissed 
18 officers, including nine for corruption.

    Arrest and Detention.--The law prohibits police from detaining 
suspects for more than 48 hours without judicial authorization but 
permits detention of minors for 72 hours. The preliminary investigation 
phase may last from eight days to two months and the follow-up 
investigation phase another two to four months, depending on the number 
of suspects.
    Extended pretrial detention continued to be a serious problem in 
part because of the use of a written inquisitorial system. According to 
government statistics, approximately 57 percent of prisoners were 
pretrial detainees. There was often prolonged pretrial detention, which 
at times exceeded the maximum sentence for the alleged crime. While the 
law provides for bail, in practice judges often declined to grant it. 
Detainees were allowed prompt access to legal counsel and family 
members, and the Government provided indigent defendants with a lawyer.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, the judicial system was susceptible to 
corruption and outside influence, including manipulation by other 
branches of government. The president appoints nine Supreme Court of 
Justice magistrates to 10-year terms subject to National Assembly 
ratification. The Supreme Court of Justice magistrates, in turn, 
appoint appellate Superior Tribunal judges, who appoint circuit and 
municipal court judges in their respective jurisdictions. Although the 
law provides for these judicial appointments to be made under a merit-
based system, certain civil society groups maintained that political 
influence and undue interference by higher-level judges undermined the 
system.
    At the local level, mayors appoint ``corregidores'' (administrative 
judges), who exercise jurisdiction over minor civil cases and power 
over the arrest and imposition of fines or jail sentences of up to one 
year. Outside of Panama City, this system had serious shortcomings. 
Defendants lacked adequate procedural safeguards. Corregidores usually 
were not attorneys. In practice appeal procedures were generally 
nonexistent. Affluent defendants often paid fines while poorer 
defendants went to jail, contributing to prison overcrowding.

    Trial Procedures.--The law provides that all citizens charged with 
crimes have the right to counsel, to be presumed innocent until proven 
guilty, to refrain from incriminating themselves or close relatives, 
and to be tried only once for a given offense. If not under pretrial 
detention, the accused may be present with counsel during the 
investigative phase of the proceeding. On June 17, the National 
Assembly approved a new Code of Criminal Procedures (new Code), through 
which the country will transition over six years from an inquisitorial 
to an accusatory system of justice. The new Code also incorporates 
anticorruption elements, such as regulations to penalize conflicts of 
interest, protect witnesses and whistleblowers, and allow the use of 
plea bargaining.
    Trials are open to the public. The law provides for trial by jury 
at the defendant's election but only in cases where at least one of the 
charges is murder. Judges may order the presence of pretrial detainees 
for rendering or amplification of statements or for confronting 
witnesses. Trials are conducted on the basis of evidence presented by 
the public prosecutor. Defendants have the right to be present at trial 
and to consult with an attorney in a timely manner. 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. Defendants have a 
right of appeal. The law extends these rights to all citizens.
    The law obliges the Government to provide public defenders for the 
indigent. Many public defenders, however, were appointed late in an 
investigation, after the prosecutor already had evaluated the bulk of 
the evidence and decided to recommend trial. Public defenders' 
caseloads remained extremely high, averaging 265 cases per attorney per 
year.

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

    Civil Judicial Procedures and Remedies.--The constitution and the 
judicial code establish an independent judiciary in civil matters. 
Political manipulation of the judicial system remained a problem, and 
bureaucratic delays hindered access to judicial and administrative 
remedies for human rights violations. There were problems in enforcing 
domestic court orders.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions and the Government 
generally respected these prohibitions; however, there were complaints 
that in some cases law enforcement authorities failed to follow legal 
requirements and conducted unauthorized searches.
    In an effort to prevent unauthorized searches, the Public Ministry 
maintained one representative to approve searches in each PNP division. 
The representative approved several searches 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. In practice individuals generally enjoyed 
freedom of expression, although there were some attempts to impede it.
    The independent media were active and expressed a variety of views 
without restriction. The Government owned one educational television 
station and one radio station. The law prohibits newspapers from 
holding radio and television concessions and vice versa. International 
media operated freely in the country.
    Journalists and press freedom advocacy organizations reported that 
the Government engaged in substantial manipulation of the free flow of 
information. Journalists alleged that the Government purchased 
advertising space to reward news organizations for publishing favorable 
stories and withdrew advertising funding from news organizations 
engaged in unfavorable coverage. Legal actions were pending against 
many journalists. The IACHR, the Inter-American Press Association, 
Reporters Without Borders, and other groups criticized these measures 
as efforts to censor the press.
    In May the new Code came into effect with mixed results for freedom 
of the press. The new Code abolished Article 175, which sanctioned 
criminal and civil libel cases against journalists. Two new articles 
allow prosecution of journalists for vague and undefined charges 
against exposing private information and documents, even those deemed 
of public interest. The new Code also permits the prosecution of 
journalists for publishing information and documents restricted or 
classified by the Government on national security grounds. NGOs 
asserted that these articles threatened freedom of speech and press.
    In July the Supreme Court overturned as unconstitutional 183 
pardons issued by former president Moscoso, including those of several 
journalists who had been convicted of libel under laws no longer in 
force. Journalists welcomed the ruling as a correcting executive power 
abuse; however, the actual impact on journalists involved remained 
uncertain at years' end because the court's decision requires the cases 
to be returned to their ``original state,'' which was yet to be 
clarified by the Government.
    In September a judge ordered the seizure of the local newspaper El 
Periodico's assets for publishing the tax returns of a prominent 
businessman. After the judgment the newspaper published two additional 
issues before going out of business. The case remained under appeal.

    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. The 
International Telecommunication Union reported that 22 percent of the 
nation's populace used the Internet 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.--The law provides 
for freedom of assembly and association, and the Government generally 
respected these rights in practice.
    At year's end one Odebrecht worker and a PNP officer remained in 
custody awaiting trial for killing two SUNTRACS union members in August 
2007.

    c. Freedom of Religion.--The law provides for freedom of religion, 
provided that ``Christian morality and public order'' are respected, 
and the Government generally respected this right in practice.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses, discrimination, or anti-Semitic acts. There was a 
Jewish population of approximately 10,000 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 law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights. 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, returning refugees, persons under temporary humanitarian 
protection (THP), asylum seekers, stateless persons, and other persons 
of concern.
    The Government generally permitted freedom of movement for 
documented refugees and asylum seekers in the large urban centers; 
however, it restricted the freedom of movement of Colombian nationals 
living in the border region with Colombia under the THP regime, who 
could only leave these locations with special permits issued by the 
National Office for the Protection of Refugees (ONPAR).
    The law prohibits forced exile, and there were no reports of its 
use.

    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 limited protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened, but there was no accurate data available 
on the number of such cases. ONPAR supervised borders with Colombia and 
Costa Rica. At times border officials and authorities in large urban 
centers did not have a clear understanding of their responsibilities 
when dealing with persons seeking asylum or refugee status, which 
resulted in arbitrary detention and risk of refoulement.
    Asylum seekers and refugees were not provided with documentation in 
a timely fashion, and these documents were not always recognized as 
valid by public officials, including police, health service providers, 
schools, and banking institutions. Work permits were issued after a 
lengthy bureaucratic process.
    At year's end migration authorities maintained in custody a group 
of 19 persons from Somalia, Eritrea, and Ethiopia who manifested a need 
for international protection; some of them had been detained for more 
three months. Despite UNHCR referrals of the cases to ONPAR, these 
individuals were neither interviewed nor granted access to asylum 
procedures. The status of two additional groups of African nationals 
who arrived during the year remained pending at year's end.
    Approximately 200 to 300 persons approached the Government seeking 
refugee status, according to ONPAR. The law requires that the 
Government's National Commission for the Protection of Refugees meet at 
least once every three months to determine the status of persons 
seeking refugee status. During the year the commission held two 
sessions in which seven cases (36 persons) were granted refugee status.
    There were approximately 1,000 refugees in the country, including 
the 47 persons from the indigenous Wounaan community in Colombia who 
obtained refugee status in 2006.
    On May 9, the Government passed Law 25 creating an exceptional 
legal mechanism that allowed refugees to apply for permanent residency 
status. This mechanism applies only to persons who have been recognized 
as refugees for more than 10 years and requires that the applications 
be submitted within two years. Regulations and implementation 
procedures for this law, which took effect in November, had not been 
released by year's end. A 1998 decree grants protection to all persons 
entering the country due to ``state persecution based on race, gender, 
religion, nationality, social group, or political opinion.'' The decree 
grants two months' temporary humanitarian protection to ``displaced 
persons'' in the case of a large influx. In practice the Government did 
not enforce the two-month time limit.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol. This included the continued temporary humanitarian protection 
of approximately 542 displaced Afro-Colombians and approximately 359 of 
their dependents, some of whom were Panamanian citizens. Among these 
dependents were children born in the country as a result of marriages 
between displaced Colombians and Panamanian citizens. The Government 
did not permit displaced Colombians to move or work outside of their 
assigned villages. Many displaced Colombians informed the Government 
and UNHCR that they did not want to return to Colombia due to family 
and cultural ties with the local communities in Panama.
    The UNHCR classified as ``persons of concern'' an estimated 15,000 
persons living in the country who were believed to need international 
protection. These included persons for whom the Government had denied 
refugee status and persons in the country who did not apply for refugee 
status due to lack of knowledge or fear of deportation. Among these 
persons were 62 Embera indigenous community members who left Colombia 
in 2005. Their cases were heard and rejected by the National Commission 
for the Protection of Refugees in October, but international 
humanitarian organizations noted irregularities in due process. The 
UNHCR had a permanent office in the country and was generally granted 
access to refugees and project sites where it could provide services to 
refugees, internally displaced persons, and persons under temporary 
humanitarian protection.

    Stateless Persons.--Citizenship is derived by birth within the 
country's territory, and the law provides for universal birth 
registration. The Government made a sustained and successful effort to 
provide birth certificates to the Panamanian-born children of the 542 
displaced Colombians. In remote areas some parents for economic or 
other reasons did not register their children at birth with the Office 
of Civil Registry of the Electoral Tribunal, the Government agency 
responsible for birth registrations. These children occasionally 
experienced difficulties when later seeking to obtain a birth 
certificate. Persons without a birth registration certificate often had 
problems voting or accessing government services beyond basic education 
and healthcare.
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. The law 
provides for direct popular election every five years of the president, 
the vice president, legislators, and local representatives. Naturalized 
citizens may not hold certain categories of elective office.

    Elections and Political Participation.--In 2004 Democratic 
Revolutionary Party candidate Martin Torrijos won the presidency in 
national elections considered to be generally free and fair by domestic 
and international observers.
    The law requires new political parties to meet strict membership 
and organizational standards to gain official recognition and 
participate in national campaigns. The law also requires political 
parties to be structured democratically, permits independents to 
campaign for the National Assembly, provides for the autonomy of the 
Electoral Tribunal, and limits the immunity of representatives in the 
National Assembly by permitting the Supreme Court of Justice to 
prosecute criminal cases against representatives.
    Women held 12 of 78 seats in the legislature. There were four women 
in the 17-member cabinet and one female judge on the Supreme Court of 
Justice. The attorney general was a woman.
    Five seats in the legislature were designated to represent the 
country's recognized indigenous regions. In general deputies in the 
legislature, cabinet members, or members of the Supreme Court of 
Justice did not identify themselves as members of ethnic or racial 
minorities.

    Government Corruption and Transparency.--The new Criminal Procedure 
Law criminalizes corruption and provides anticorruption mechanisms and 
norms, such as asset forfeiture and recovery mechanisms, whistleblower 
and witness protection, plea bargaining, and conflict of interest 
rules.
    While the country made progress in control of corruption and 
regulatory quality, there were continued instances of government 
corruption. Weak administration and accountability among the branches 
of government and in rural areas facilitated corruption.
    At year's end six employees of the Ministry of Education were in 
custody, charged with embezzling $1.5 million from the Fund for 
Fairness and Quality in Education, funds intended to improve 
impoverished public schools. This prosecution resulted from training 
undertaken by the Anticorruption Investigation Unit in the Attorney 
General's Office, a part of the Government's Good Governance Program.
    To increase transparency and reduce corruption, the Government 
transferred certain functions to computer-based processes. For example, 
the Government's Internet-based procurement system (PanamaCompra) 
requires publication of all proposed government purchases on the 
Internet, the evaluation of proposals and monitoring of the procurement 
process, and advance public notice of intended procurement, including 
technical specifications and tender documents. An administrative court, 
whose rulings are subject to Supreme Court review, handles all public 
contracting disputes.
    Additionally, commercial or industrial licenses may be obtained 
through the country's online business registration service 
(PanamaEmprende). This innovation, in which a prospective business 
owner may register his or her business in 15 minutes, reduced 
opportunities for corruption from the former process, which took 60 
days and involved numerous interactions with local officials.
    In September the Citizens Alliance for Justice reported that 87 
percent of the goals set forth in the 2005 ``State Pact for Justice'' 
(a reform agenda for the years 2005-09 to curtail corruption) remained 
to be achieved.
    Public officials were subject to financial disclosure laws, but 
this information, reported to the Government, was not available to the 
public.
    The transparency law provides public access to information from and 
about public entities with the exception of cabinet meeting minutes. 
When requests were denied, the reasons for the denial were given. 
Requesters can appeal access decisions to the Supreme Court of Justice.
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 Office of the Human Rights Ombudsman, elected by the National 
Assembly, has moral but no legal authority. Between January and 
November, the Office of the Ombudsman received 343 complaints and 
provided 3,889 legal orientations to citizen groups to familiarize them 
with their rights. The ombudsman enjoyed the Government's cooperation 
and operated without government or party interference. The office had 
adequate resources, was considered to be effective, enjoyed public 
confidence, and issued reports with recommendations on environmental 
contamination and prison conditions on which the Government took 
action.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, gender, 
disability, language, or social status, but there were allegations that 
these prohibitions were not always effectively enforced.

    Women.--The new Code, which went into effect in May, criminalizes 
rape and spousal rape with prison terms of five to 10 years and eight 
to 10 years with aggravating circumstances. The new Code removes the 
provision that a perpetrator can marry a victim who is at least age 14 
and reduce the charge. It also mandates charging the perpetrator if the 
victim is between 14 and 18 years of age, unless there is proof of a 
longstanding relationship and the difference in age is less than five 
years. The majority of sexual crimes investigated by the PNP were cases 
of rape; however, statistics on prosecutions and convictions were not 
available. The PNP reported that it investigated every case relating to 
rape and domestic violence it received during the year.
    The law criminalizes domestic abuse and family violence, for which 
it provides prison terms of two to four years. Domestic violence 
against women continued to be a serious problem. There were few 
convictions for domestic violence, except that abusers were commonly 
convicted of unintentional killing in cases of abuse leading to spousal 
death. Between January and August, the PNP registered 1,212 cases of 
domestic violence and 436 cases of rape. Between January and December, 
32 women died in domestic violence incidents. From January until 
October, the Ministry of Social Development (MIDES) received 901 
complaints of domestic violence. In May the law was amended to make 
domestic violence an ``aggravating circumstance'' in homicide cases.
    MIDES' National Directorate of Women, the Government agency 
responsible for promoting the rights of women, oversaw a national media 
campaign, ``You are Not Alone,'' which encouraged citizens to report 
incidents of domestic violence. MIDES also produced a directory of 
resources for female victims of domestic violence.
    The Government operated one shelter in Panama City for victims of 
domestic abuse and their children; the facility also occasionally 
sheltered trafficking victims. The shelter offered social, 
psychological, medical, and legal services. Between January and August, 
it provided accommodation and social services to approximately 54 women 
and 81 children.
    Although prostitution is legal and regulated, with prostitutes 
required to register and carry identification cards, the majority of 
prostitutes were not registered. Although 2,650 sex workers were 
registered with the Government, there was no accurate information 
regarding the number of persons practicing prostitution in the country. 
Trafficking in women was a problem.
    The law prohibits sexual harassment in cases of established 
employer/employee relations in the private sector and in teacher/
student relations; violators can receive one- to three-year prison 
sentences. The extent of the problem was difficult to determine because 
convictions for sexual harassment were rare, and preemployment sexual 
harassment was not actionable. The effectiveness of law enforcement 
could not be determined due to the small number of cases brought before 
the courts.
    The law prohibits discrimination on the basis of gender, and women 
officially enjoyed the same rights as men, including rights under 
family law, property law, and the judicial penal system. Although the 
law recognizes joint or common property in marriages, the Government 
did not allocate sufficient resources to enforce the law effectively. 
Although the law prohibits pregnancy discrimination, the International 
Labor Organization (ILO) Committee of Experts requested that the 
Government take further measures to ensure that women on temporary 
contracts are not vulnerable to pregnancy discrimination.
    The law mandates equal pay for men and women in equivalent jobs, 
but in practice women on average received wages that were 30 to 40 
percent lower than those received by men. Data was not available 
regarding executive positions held by women in the private sector, but 
41 percent of government managers were women.
    MIDES, through the National Directorate of Women, promoted equality 
of women in the workplace and equal pay for equal work, attempted to 
reduce sexual harassment, and advocated legal reforms.

    Children.--The Government was committed to children's rights and 
welfare.
    Although the law provides that citizenship is derived by birth 
within the country's territory, there were reports that children in 
remote areas had difficulty in obtaining birth registration 
certificates (See Section 2.d.).
    Education is compulsory through the ninth grade and the law 
establishes free public education through high school, but children did 
not always attend school due to traditional attitudes, financial and 
economic constraints, lack of transportation, and scarcity of secondary 
schools.
    During the year the Public Ministry counted 617 criminal cases of 
sexual exploitation of minors, including 237 incidences of rape. Lack 
of reporting remained a problem, often because of parental involvement 
or complicity. Sexual abuse of children was reported in both urban and 
rural areas, as well as within indigenous communities.
    MIDES received complaints regarding physical abuse of children. The 
ministry maintained a free phone line attended by psychologists, a 
lawyer, and social workers for children and adults to report abuses, 
and continued a television and newspaper campaign encouraging 
individuals to use the line. Between January and September, the line 
received 757 complaints of child mistreatment. Victims were directed to 
police authorities, hospitals, and protection centers.
    Child labor was a problem, and trafficking in children occurred.
    MIDES provided funding to 43 children's shelters operated by NGOs 
in seven provinces. Between January and August, these shelters housed 
1,927 children. MIDES continued a program that used pamphlets in 
schools to sensitize teachers, children, and parents about maltreatment 
and sexual abuse of children.
    The incidence of youth gang violence continued to rise, especially 
in poorer neighborhoods of Colon, David, and Panama City. Young adult 
gang leaders and some organized crime elements continued recruiting 
minors, with recruiters focusing on procuring youth to transport 
narcotics and other contraband, and perform killings for hire. Police 
continued to arrest and detain youths for minor infractions during 
neighborhood sweeps.

    Trafficking in Persons.--Although the law prohibits trafficking in 
persons for the purpose of sexual exploitation, persons were trafficked 
to, from, and within the country. The PNP Sex Crimes Unit reported that 
most victims trafficked into the country came from Colombia, the 
Dominican Republic, and Central America. The primary destinations for 
victims trafficked from the country were Jamaica and Europe. Most 
victims trafficked within the country were women and children 
trafficked into the sex trade. The PNP Sex Crimes Unit reported that 
the vast majority of trafficking victims were women older than 18 
years.
    The principal traffickers in the country were owners of houses of 
prostitution, and most transnational trafficking occurred using valid 
travel documents and was conducted through official ports of entry.
    The Ministry of Government and Justice is responsible for 
developing policies to reduce trafficking in persons. MIDES is charged 
with protecting victims through shelters and related services. The PNP 
Sex Crimes Unit has responsibility for investigating and arresting 
persons involved in trafficking. The unit worked closely with the PNP 
Special Section on Crimes of Sexual Exploitation and the Division of 
Crimes relating to Shame, Integrity, and Sexual Liberty.
    The law criminalizes trafficking and pornography and proscribes the 
promotion of sex tourism and use of the Internet for soliciting for 
sexual exploitation. Persons who engage in human trafficking for sexual 
activity can receive five to eight years in prison or, in cases 
involving a minor, eight to 10 years. The law permits undercover 
operations and the monitoring of suspects' computers in sex crime 
cases. As of October the foreign national convicted and sentenced in 
2007 to five years' imprisonment for trafficking in persons remained 
free on bail pending appeal.
    In the 13 months preceding June, the PNP Sex Crimes Unit 
investigated 34 cases of child prostitution, 24 cases of child 
pornography, and 16 cases of sexual trafficking; the prosecutor's 
office initiated its own investigations. There was no information 
available on the outcome of the investigations.
    The immigration law that took effect in August under Executive 
Decree 320 eliminates the ``alternadora'' visa, a visa permitting 
foreign women to work in entertainment establishments in the country 
and commonly used to facilitate prostitution. Under the new law, 
nightclub workers and adult entertainers fall under the general visa 
class for all types of entertainers who wish to enter the country for 
temporary work. The law also creates a new registry for businesses 
dedicated to entertainment in the country, which is intended in part to 
limit requests for visas in the adult entertainment industry, permit 
monitoring of businesses that apply, and ensure that the businesses 
operate legally. In addition to numerous documentation requirements, 
the new law requires that all entertainment visa holders attend an 
antitrafficking education seminar at the Immigration Directorate. 
Individual visa applicants must provide comprehensive personal 
information, make a $1,000 deposit with the Immigration Directorate, 
and provide proof of a return ticket to their home countries. No 
entertainment visas have been granted to employees of bars or 
nightclubs under the new law.
    The new immigration law, which emphasizes cases involving minors, 
also creates a special trafficking victims' unit within the Immigration 
Directorate; a full-time employee was hired to manage the unit. The 
unit must provide physical and identity protection to victims in 
addition to returning them to their countries of origin and mandates 
several measures to combat trafficking. The new unit assisted at least 
one Colombian woman and her family who were working in the country 
illegally.
    In December 2007 the attorney general issued an internal decree 
(Resolution 35) mandating that every province have a prosecutor trained 
to prosecute trafficking cases. Additionally, a prosecutor, based in 
Panama City, was dedicated solely to prosecuting trafficking cases.
    The law does not hold trafficking victims criminally responsible 
for prostitution or immigration crimes. The law provides for 
indemnification of victims of trafficking, even if they return to their 
home country, and for costs of medical and psychological treatment, 
temporary housing, legal fees, and emotional suffering.
    The country's consular officers provided assistance to trafficking 
victims. MIDES continued providing shelter and other services to 
victims of commercial sexual exploitation, using substitute families, 
its own shelter, and the shelter of the NGO Hogar Malambo, which it 
subsidized. The Government shelter, which was located in a former 
prison, did not have adequate infrastructure to house trafficking 
victims.
    The Government worked with the ILO's International Program on the 
Elimination of Child Labor (IPEC) on trafficking initiatives, including 
through producing pamphlets on sexual exploitation and trafficking for 
distribution to public school educators. The Commission on Justice and 
Peace, a Catholic NGO, counseled victims about their rights and modes 
of assistance, and the Center of Legal Assistance provided legal 
assistance for victims. The Center of Family Studies and Training 
researched trafficking and educated women about trafficking and gender-
based crime. In an effort to detect trafficking of minors, the new 
immigration law requires the creation of a registry of minors traveling 
internationally without parents or other legal guardians.
    The National Committee for the Prevention of Sexual Crime 
(CONAPREDES) allocated additional funding for combating trafficking and 
for victims' assistance via member institutions. The law requires that, 
to raise revenue for the activities of CONAPREDES, customs authorities 
collect one dollar from each tourist leaving the country; however, at 
year's end the Government had not implemented a mechanism to collect 
these funds. The Government cooperated through information sharing with 
international investigations of persons accused of trafficking. In June 
CONAPREDES rolled out the Government's National Plan for the Prevention 
and Elimination of Sexual and Commercial Exploitation of Children and 
Adolescents, 2008-2010, and in November opened a three-person technical 
office to implement the plan.
    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 based 
on physical or mental disability; however, the constitution permits the 
state to deny naturalization to persons with mental or physical 
disabilities. Persons with disabilities continued to experience 
substantial discrimination in employment, education, access to health 
care, and other state services. Although some public schools admitted 
children with mental and physical disabilities, most did not have 
adequate facilities for children with special needs. The Government 
took some remedial steps, including installing ramps in schools and 
mainstreaming some children with disabilities. The law mandates access 
to new or remodeled public buildings for persons with disabilities and 
requires that schools integrate children with special needs.
    Although private schools built ramps to comply with the law 
mandating access, few admitted children with special needs. In May the 
Government established a consultative committee, Let's Live without 
Barriers, to follow up on enforcement of laws for inclusion and access 
for persons with disabilities. The committee produced accessibility 
guidelines for public areas and held awareness workshops with engineers 
and architects to brief them on the guidelines for ramps, entrances, 
and parking spaces.
    By September the ombudsman had received five complaints of 
violations of the rights of persons with disabilities.
    The National Secretariat for the Social Integration of Persons with 
Disabilities is the Government agency responsible for protecting the 
rights of persons with disabilities. The Ministry of Education and 
MIDES share responsibilities for educating and training minors with 
disabilities.
    The Ministry of Labor and Labor Development (MITRADEL) was 
responsible for placing workers with disabilities in suitable jobs. 
Placement remained difficult due to employer reluctance to hire workers 
with disabilities, despite a legal requirement that at least 2 percent 
of personnel be persons with disabilities.
    The Government continued operating the Family Businesses Project, 
which assisted 296 low-income families with members with disabilities 
to open microbusinesses. The Government disbursed $50 monthly to low-
income persons with disabilities and also continued donating 
rehabilitation equipment, including crutches, wheelchairs, and cerebral 
palsy chairs.

    National/Racial/Ethnic Minorities.--Minority groups generally have 
been integrated into mainstream society, but problems continued with 
negative societal attitudes toward blacks, indigenous groups, and other 
ethnic communities. Generalized public prejudice, including ethnic 
slurs, against the country's newer immigrants at times was overt. 
Cultural differences, illegal immigration status, and language 
difficulties hindered a number of immigrant and first-generation 
Chinese from fully integrating into mainstream society.
    At times Middle Eastern and Indian residents also were the subject 
of negative societal attitudes by the general public because of 
reluctance by some members of these communities to integrate into 
mainstream society. These groups often owned major businesses or worked 
in the country's retail trade. A constitutional provision reserving 
retail trade for citizens of the country generally was not enforced.
    At least 14 percent of the population identified themselves as 
black. The black community was underrepresented in the highest 
positions of political and economic power. Many blacks remained 
clustered in economically depressed areas of Colon and Panama City. 
Societal prejudices toward blacks generally were subtle. Although the 
law specifically prohibits discrimination involving entry to public or 
commercial establishments, such as restaurants, and sets fines from 
$250 to $1,000 for violations, there were reports that some commercial 
establishments continued openly to operate a ``right of admission'' 
policy, discriminating against darker-skinned individuals or those of 
lower social status. Cases of discrimination were difficult to prove, 
imposing complicated, time-consuming, and costly requirements to obtain 
legal remedies. In December the daily La Prensa reported that a bar 
refused entry to a black person, but no official complaint was filed.
    There were reports of racial discrimination against various ethnic 
groups in the workplace. In general lighter-skinned persons were 
represented disproportionately in management positions and jobs that 
required dealing with the public, such as bank tellers and 
receptionists. Some of the country's lighter-skinned elite 
discriminated against citizens with darker skin through preferential 
hiring practices in the private sector and manipulation of government 
resources in the public sector. Employers often required job applicants 
to submit photographs with their resume, which they used to 
discriminate against persons based on appearance.

    Indigenous People.--The law affords indigenous people the same 
political and legal rights as other citizens, protects their ethnic 
identity and native languages, and requires the Government to provide 
bilingual literacy programs in indigenous communities. Indigenous 
people, comprising approximately 10 percent of the population, have the 
legal right to take part in decisions affecting their lands, cultures, 
traditions, and the allocation of natural resources. There were legally 
designated comarcas (provincial-level indigenous regions) governed by 
traditional community leaders for five of the country's seven 
indigenous groups, including the Embera-Wounaan, Ngobe-Bugle, and Kuna. 
The Government did not recognize comarcas for the Bri-Bri and Naso 
communities.
    The Ministry of Government and Justice maintained an Office of 
Indigenous Policy. Although federal law is the ultimate authority on 
indigenous reserves, local groups maintained considerable autonomy. The 
Government recognized traditional Kuna marriage rites as the equivalent 
of a civil ceremony. Indigenous workers had greater health problems and 
mortality rates, suffered from lack of educational and health services, 
had lower life expectancy, and experienced higher levels of 
malnutrition compared to nonindigenous workers. The International Fund 
for Agricultural Development estimated the poverty rate among the 
indigenous population at 95 percent. Although indigenous people 
represented only 10 percent of the population, they accounted for 19 
percent of those considered poor and 34 percent of those in extreme 
poverty.
    Many indigenous people misunderstood their rights and failed to 
employ legal channels when threatened because they did not have an 
adequate command of Spanish. The Government did not provide legal 
tribunals in indigenous areas and failed to address specific indigenous 
property and resource use rights problems. Outside settler encroachment 
threatened the comarca of the Ngobe-Bugle, while the Embera-Wounaan 
struggled to protect their intellectual property rights concerning 
medicinal plants.
    Social and employment discrimination against indigenous people was 
widespread. The ILO reported that employers paid indigenous workers 32 
percent less than nonindigenous workers. Employers frequently did not 
afford indigenous workers basic rights provided by the labor laws such 
as a minimum wage, social security benefits, termination pay, and job 
security. Indigenous laborers in the country's sugar, coffee, and 
banana plantations continued to work under worse conditions than their 
nonindigenous counterparts. Employers were less likely to provide 
quality housing or food to indigenous migrant laborers, and the 
children of these workers were much more likely to work long hours of 
heavy farm labor than nonindigenous children. A 2006 ILO report, the 
most recent available, estimated that 14 percent of indigenous children 
ages 5 to 17 performed some type of child labor.

    Other Societal Abuses and Discrimination.--An August 1 executive 
decree decriminalized sodomy. There was societal discrimination against 
homosexuals, who often were denied employment opportunities. The 
internal regulations of the PNP describe homosexuality as a ``grave 
fault.'' There were reports that the PNP fired police officers because 
of the officers' sexual preferences and that officers hid their sexual 
orientation due to fear of job termination. The DRP director defended 
the regulations on the basis that both physical and mental health were 
required of police officers.
    The law prohibits discrimination against persons with HIV/AIDS in 
employment and education, but discrimination continued to be common due 
to ignorance of the law and a lack of mechanisms for ensuring 
compliance. The Ministry of Health and Social Security provided 
treatment for HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law recognizes the right of 
private-sector workers to form and join unions of their choice, a 
choice that is subject to the union's registration with the Government. 
The law requires a minimum of 40 persons to form a private-sector union 
and permits only one union per business establishment; the ILO 
Committee of Experts criticized both provisions as violations of 
workers' rights to organize. The law permits workers to organize under 
a skill set or trade unions, as long as these have 40 members. These 
unions may operate alongside employer-specific unions in the same 
business.
    The law prohibits public servants from forming unions but allows 
them to form associations, which can bargain collectively on behalf of 
members. Union leaders for both public- and private-sector unions must 
be citizens.
    The law provides that if the Government does not respond to a 
registration application within 15 days, the union automatically gains 
legal recognition; however, unionists asserted that such automatic 
registration did not occur in practice. MITRADEL reported that 
inadequate personnel resources, case backlogs, and incomplete or 
inaccurate information in applications delayed the processing of new 
registrations within the required time frame.
    The National Federation of Public Servants (FENASEP), an umbrella 
organization of 21 public-sector worker associations representing 
primarily administrative staff of government agencies, is not permitted 
to call strikes or negotiate collective bargaining agreements, as 
individual associations negotiate on behalf of their members. Other 
public workers, such as doctors, nurses, and firefighters, have 
separate associations that negotiate on their behalf. The law grants 
public employees a limited right to strike, except for those in areas 
vital to public welfare and security, including police and health 
workers. At least 25 percent of the workforce must continue to provide 
minimum services in the case of administrative workers, and 50 percent 
of workers providing ``essential public services,'' such as 
transportation, firefighting, telecommunications, and mail, must 
continue to provide those services.
    The ILO Committee of Experts expressed continued concerns that the 
Government had not amended the law to permit strikes by federations 
such as FENASEP. The ILO also requested that the Government remove 
transport workers from strike restrictions in essential services.
    The law governing the autonomous Panama Canal Authority prohibits 
the right to strike for its 9,497 employees but does allow unions to 
organize and to bargain collectively on such issues as hours and safety 
and provides for arbitration to resolve disputes. There were no 
developments respecting the claim the National Confederation of United 
Unions filed with the IACHR filed on behalf of Panama Canal employees, 
which protested the Supreme Court's failure to rule on its 2001 
complaint against articles of the law that prohibit its members' right 
to strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides all private-sector and most public-sector workers the right to 
organize and bargain collectively, and private worker unions exercised 
this right widely. The law establishes a conciliation section in 
MITRADEL to resolve private labor complaints and provides a procedure 
for mediation.
    These conciliation tribunals include representatives from the 
Government, labor, and the private sector, and address cases in which 
the claim in dispute is no more than $1,500. While labor leaders 
favored these tribunals, some civil society groups criticized the 
tribunals as routes for circumventing the role of the judiciary and 
leaving interpretation of labor laws to the discretion of persons who 
might lack expertise. A Board of Appeal and Conciliation in the 
Ministry of the Presidency hears and resolves complaints for public-
sector workers. If not resolved by the board, complaints are referred 
to an Arbitrage Tribunal, which consists of representatives from the 
employer, the employee association, and a third member chosen by the 
first two. Decisions of the Arbitrage Board are final.
    Employers in the retail industry frequently hired temporary workers 
to circumvent labor code requirements for permanent workers. In lower-
skilled service jobs, employers often hired employees under three-month 
contracts for several years, sometimes sending such employees home for 
a month and later rehiring them. Employers also circumvented the law 
requiring a two-week notice for discharges by dismissing some workers 
one week before a holiday. Due to labor laws that make it difficult to 
fire employees who have worked two years or more, employers frequently 
hired workers for one year and 11 months and subsequently laid them 
off.
    MITRADEL's Manual of Labor Rights and Obligations provides that 
unorganized workers can petition MITRADEL regarding labor rights 
violations and exercise the right to strike but that only unions can 
negotiate collective bargaining agreements. However, Supreme Court 
decisions have recognized that collective agreements negotiated between 
employers and unorganized workers have legal status equivalent to 
collective bargaining agreements.
    The labor code prohibits employer antiunion discrimination and 
protects workers engaged in union activities from loss of employment or 
discriminatory transfers.
    The Government reduced the minimum number of public servants 
required to form a worker association from 50 to 40, a number the ILO 
Committee of Experts still considered too high. According to the 
National Council of Organized Workers, only 8 to 10 percent of workers 
were unionized. The leaders of the four public-service worker 
associations enjoy legal immunity from dismissal and other employer 
retaliatory behavior in relation to worker representation and 
organizing activities.
    In 2007 the Government offered $21.9 million as final compensation 
for 270 dismissed public-sector electricity and telecommunications 
workers in an effort to comply with a 2001 Inter-American Court of 
Human Rights ruling. In August, 187 of the workers, more than two-
thirds as required by the IACHR ruling, agreed to accept this offer as 
final compensation.
    Unions and collective bargaining are permitted in export processing 
zones (EPZs) and call centers. A strike is considered legal after 36 
work days of conciliation; otherwise, striking workers could be fined 
or fired. These procedures are somewhat more prescriptive than those 
that generally apply.
    There were approximately 1,142 employees in the country's 15 EPZs 
and 6,124 employees in the country's 58 call centers, which operated 
under the law applicable to EPZs.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law contains provisions to prevent exploitation of children in the 
workplace. MITRADEL, which has responsibility for enforcement, was 
reasonably effective in enforcing the law in the formal sector. During 
the year the ministry performed 440 inspections to ensure compliance 
with child labor regulations.
    The labor code prohibits the employment of children under age 14, 
although exceptions can be made for children 12 and over to perform 
light farm work for up to six hours per day that does not interfere 
with their school hours. The law prohibits the employment of minors age 
15 and older if the minor has not completed primary school. 
Nonetheless, child labor in agriculture and in the informal sector of 
the economy remained a problem, and the ombudsman reported that 55,919 
children were working instead of attending school.
    The law provides that children under age 18 cannot work more than 
six hours per day and cannot work at night. The law prohibits the 
employment of minors under the age of 18 in hazardous labor. MITRADEL 
enforced these provisions in response to complaints and has authority 
to order the termination of unauthorized employment. The Government 
acknowledged that it was unable to enforce some child labor provisions 
in rural parts of the country; due to insufficient staff, MITRADEL 
conducted only limited inspections in those areas.
    Child labor violations occurred most frequently in rural areas, in 
subsistence and commercial agriculture, especially during the harvest 
of sugar cane, coffee, palm, melons, and tomatoes. Farm owners often 
paid according to the amount harvested, leading many laborers to bring 
their young children to the fields to help with the work. The problem 
of child labor in agricultural areas fell most heavily on indigenous 
families, who often migrated out of their isolated communities in 
search of paid work. These frequent migrations interrupted schooling.
    Child domestic labor was a problem. According to the 2000 census, 
the most recent available, more than 6,000 children between the ages of 
10 and 17 worked as domestic servants, although the law prohibits such 
employment under age 14. Government enforcement of domestic labor 
violations was traditionally weak because the place of work was a 
private residence.
    Many children continued laboring in the informal sector as street 
vendors, shoe shiners, car window washers, baggers in supermarkets, 
trash pickers, or beggars. A 2005 ILO survey, the most recent 
available, estimated that 52,000 children between the ages of five and 
17 worked in the informal sector. There were no firm statistics 
available regarding the number of child laborers or the number of 
working children who did not attend school.
    The Government provided awareness raising and training on combating 
child labor for its officials and civil society. The Department of 
Children, within MIDES, searched the main streets of Panama City twice 
monthly looking for children engaged in work; it also managed a hot 
line to receive reports of child labor. MIDES also operated programs in 
three districts of Panama City, which offered comprehensive services to 
children at risk and their families, including home visits, tutoring, 
counseling for parents, and school visits.
    The Committee for the Eradication of Child Labor and Protection of 
Working Adolescents, established in March, provided 2,500 scholarships 
to children ages 5 to 14 who were working in the metropolitan areas of 
Panama City and Colon.
    IPEC, with government support, continued carrying out programs in 
the comarca of the Ngobe-Bugle, in Santiago de Veraguas, and in 
Chorrera to provide scholarships to working children to allow them to 
begin or return to primary school and to provide their parents job 
training and literacy programs. During the year 369 students received 
individual scholarships of $420 through this program.

    e. Acceptable Conditions of Work.--The law establishes minimum wage 
rates for specific regions and for most categories of labor. In 2007 
new regional and sector specific minimum wages were established as part 
of a transparent process that included representatives from labor, 
business, and government. The minimum wage ranged from $1.01 to $1.87 
per hour. The agricultural and construction sectors received the lowest 
and highest minimum wage, respectively. This wage did not provide a 
decent standard of living for a worker and family. Most workers 
formally employed in urban areas earned the minimum wage or more. 
Approximately 40 percent of the population worked in the large informal 
sector and earned far below the minimum wage. This was particularly the 
case in most rural areas, where unskilled laborers earned from three to 
three to six dollars per day without benefits. The Government did not 
enforce labor laws in most rural areas.
    The law establishes a standard workweek of 48 hours, provides for 
at least one 24-hour rest period weekly, limits the number of hours 
worked per week, provides for premium pay for overtime, and prohibits 
excessive or compulsory overtime. MITRADEL generally enforced these 
standards in the formal sector.
    MITRADEL is responsible for setting and enforcing health and safety 
standards and generally did so. Information on the number of workplace 
inspections during the year was unavailable.
    Inspectors from MITRADEL and the occupational health section of the 
Social Security Administration conducted periodic inspections of 
hazardous employment sites and responded to complaints. The Government 
failed to adequately enforce health and safety standards. Construction 
workers and their employers were lax about conforming to basic safety 
measures.
    The labor code requires employers to provide a safe workplace 
environment, including the provision of protective clothing and 
equipment for workers, but does not specifically recognize the right of 
a worker to leave a dangerous work situation without jeopardy to 
continued employment. In practice workers removed themselves from 
situations that presented an immediate health or safety hazard without 
jeopardizing their employment.

                               __________

                                PARAGUAY

    Paraguay is a multiparty, constitutional republic with a population 
of approximately 6.7 million. Voters elected Fernando Lugo of the 
Patriotic Alliance for Change as president in generally free and fair 
April 20 elections that ended 61 years of Colorado Party rule. The 
civilian authorities generally maintained control of the security 
forces.
    Although the Government generally respected the human rights of its 
citizens, there were serious abuses in some areas. There were reports 
of killings by police, which the Government investigated but rarely 
prosecuted. Some prisoners were reportedly subject to torture and abuse 
by government agents. Prisons were routinely overcrowded. Political 
interference, corruption, and inefficiency in the judiciary were 
common, as was lengthy pretrial detention. Journalists were harassed 
and intimidated. Government corruption was a serious problem. Violence 
and discrimination against women, indigenous persons, and persons with 
disabilities continued, as did trafficking in persons. Exploitative 
child labor and violations of workers' rights were serious problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
there were reports that security forces using unwarranted or excessive 
force killed several persons, including persons in their custody.
    A January 23 confrontation in Ciudad del Este between police and 
gang members who kidnapped a 17-year-old boy resulted in the deaths of 
gang members Valdecir Pinheiro dos Santos, Juan Anibal Gonzalez, Jorge 
Ruben Acosta, Sebastian Gonzalez Gonzalez, and Cesar Martinez.
    On August 22, police officers shot 20-year-old Leticia Veronica 
Lugo in Villa Elisa, after she failed to stop her vehicle for 
inspection and led them on a brief chase. Prosecutors were 
investigating 12 police officers, including local police commissioner 
Federico Noguera, for attempted homicide and failure to assist the 
victim. On August 25, then police commissioner Federico Acuna 
acknowledged police negligence in the case.
    On December 30, police officer Gustavo Arnaldo Duarte was arrested 
for killing security guard Salinas Vicente Gonzalez while Duarte 
attempted to rob a local business.
    On March 24, an unknown assailant killed Geraldino Rotela, a 
prominent political activist, in Caazapa Department.
    On April 9, unknown assailants seriously injured radio talk show 
host and political activist Alfredo Avalos and killed his wife Silvana 
Rodriguez in Curuguaty.
    There were no developments in the May 2007 killings of Nancy 
Martinez, Cesar Gonzalez, Christian Delfino Morales, Rildo Ramirez, 
Alfonso Leguizamon, and Mario Leguizamon during a police raid in Minga 
Guazu.
    On April 19, a three-person tribunal in Villarrica, Guaira 
Department, acquitted police inspector Alberto Magno Ferreira of 
torturing farmer Miguel Angel Benitez in 2006. However, an appeals 
court reopened the case on October 31, and Ferreira remained under 
indictment.
    There were no developments in the 2006 killings of Agustin 
Cristaldo and Alberto Escobar Silvero or in the 2006 killings of Josais 
Adan Valiente Ovelar and Luis Martinez by members of the civilian 
militia known as the National Commission for Citizen Security 
(CONASEG). On December 11, President Lugo disbanded CONASEG.
    On October 16, a judge absolved former Colorado senator Victor 
Galeano Perrone of involvement in the 1999 assassination of then-vice 
president Luis Maria Argana and subsequent killing of seven student 
protesters by government agents. Galeano turned himself in on September 
10 after spending nine years as a fugitive in Uruguay and Paraguay. On 
December 22, the Supreme Court cleared retired army commanding general 
(and 2008 presidential candidate) Lino Oviedo of involvement in 
Argana's assassination.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, there were updates in earlier cases.
    On September 24, a tribunal sentenced former police officer Carmelo 
Ortiz Salinas to 30 years in prison for masterminding the 2005 
kidnapping of Evelyn Kuo.
    On December 2, Free Fatherland Party (PPL) members Aristides Vera 
Silguero, Roque Rodriguez Torales, Simeon Bordon Salinas, Basiliano 
Cardozo Jimenez, Agustin Acosta Gonzalez, and Gustavo Lezcano Espinola 
were extradited from Argentina to Paraguay to face changes for the 
kidnapping and killing of Cecilia Cubas. Their case remained pending at 
year's end.
    On September 12, following the ransom payment of 1.2 billion 
guaranies (approximately $237,000), kidnappers calling themselves the 
Paraguayan People's Army (EPP) released rancher Luis Alberto Lindstron 
after holding him for 44 days. Lindstron's brother, who paid the 
ransom, publicly alleged that EPP leader and former PPL member Manuel 
Cristaldo Mieres received the payment. On December 31, Mieres and two 
other EPP members reportedly attacked a military outpost in Tacuati 
(San Pedro), briefly took the military guard hostage, and burned down 
the outpost.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such treatment, and the Government 
generally respected these provisions in practice. However, there were 
reports that some government agents employed such treatment. The 
Paraguayan Human Rights Coordinator (CODEHUPY), comprising 37 
nongovernmental organizations (NGOs) and civic organizations, and the 
local NGO Committee of Churches for Emergency Aid (CIPAE) reported 
several cases of police torture and other abuses designed to extract 
confessions or intimidate detainees.
    On July 1, police in Horqueta, who reportedly entered the home of 
Domingo Lezcano during a raid on his property, beat and tortured him, 
his family, and several landless farmers (campesinos).
    There were no new developments, and none were expected, in the 
April 2007 beatings of four marijuana growers and Blas Argana.
    There were no new developments in the September 2007 alleged police 
torture of Juan Dolores Colman Espinola or the November 2007 beatings 
of brothers Ramon and Isidro Benitez.
    During the year the Government made partial reparations to victims 
and their families in the Inter-American Court of Human Rights torture 
and abuse cases of Juvenile Reeducation Institute (Panchito Lopez) 
(2004), Agustin Goiburu and 26 others (2005), and Gerardo Vargas Areco 
(2006). On December 15, the Government publicly apologized to Vargas 
Areco's family, partially fulfilling its obligations.
    On March 6, the Inter-American Commission of Human Rights allowed 
Cristina Aguayo Ortiz, et al. to submit their case to the Inter-
American Court of Human Rights for consideration after concurring with 
the petitioners' claim that the Government committed human rights 
abuses when it rounded up and detained hundreds of Asuncion street 
children without due process in 2000 and 2001.
    In November 2007 the Senate rescinded an indemnity the ombudsman 
had awarded to pro-Nazi activist Ramon Dardo Castelluccio, and on April 
23, the Senate Committee on Human Rights opened an investigation into 
his alleged role in violence committed against Sonia Aquino, director 
of the NGO Coordinator for Victims of the Dictatorship. Aquino claimed 
that Dardo verbally threatened her and placed a hand grenade under her 
vehicle in December 2007.
    On July 31, following several incidences of rape, sexual abuse, 
castration, and suspicious deaths at the Neuropsychiatric Hospital in 
Asuncion, the Inter-American Commission of Human Rights ruled that the 
Government must implement controls to monitor and prevent abuse. The 
Government had not implemented these controls by year's end.
    On March 20, National Military Academy cadets Guillermo Benitez 
Adorno, Cesar Candia Britos, Francisco Sotelo Blanco, Leonardo Martinez 
Rotela, and Carlos Caniza allegedly raped a female cadet. Another 
female cadet, Leticia Atenas Quintana, videotaped the rape and posted 
it on the Internet. On October 23, a judge ordered the five male cadets 
incarcerated. On December 11, Quintana filed a complaint against 
Colonel Agustin Duarte Perez, alleging psychological torture after she 
was expelled from the Military Academy.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally did not meet international standards. In 
August the Senate Human Rights Committee reiterated the Senate's 
Special Committee on Penal Reform and Penitentiaries' 2006 finding that 
prisons remained in ``deplorable'' condition. The most serious problems 
included violence, mistreatment, overcrowding, inadequate staffing, 
deteriorating infrastructure, unsanitary living conditions, poor food 
safety standards, and inadequate medical and psychological care. The 20 
penitentiaries and correctional centers held more than 6,000 inmates, 
60 percent more than their capacity of 3,800. Tacumbu Prison in 
Asuncion, designed to hold approximately 900 inmates, held an average 
of 3,000 prisoners; the penitentiary in Ciudad del Este, designed to 
hold about 300 inmates, held more than 650.
    Prisons lacked adequate security controls. Inmates frequently 
carried weapons and committed acts of violence, particularly against 
other inmates. Inmate escapes were frequent, while others conducted 
illicit activities by bribing prison guards and officials and using 
cell phones to commit crimes. In August the administration banned 
inmates from carrying electronic devices and conducted two crackdowns 
before the year's end.
    Living conditions at Tacumbu Prison and the Ciudad del Este 
Regional Penitentiary, both men's prisons, remained poor. Regional 
penitentiaries in the departments of Paraguari, Canindeyu, Concepcion, 
Itapua, Caaguazu, and Misiones held both men and women but in separate 
wings. The Senate's Special Committee on Penal Reform and 
Penitentiaries cited the Ministry of Justice and Labor (MJT) for 
failing to house prisoners by gender in separate facilities.
    Although the ministry assigned minors convicted of juvenile crimes 
in Asuncion, Concepcion, and Encarnacion to youth detention centers, 
juvenile offenders elsewhere served their sentences in adult prisons. 
Living conditions in juvenile facilities were generally better than in 
adult prisons.
    Prison officials frequently separated prisoners based on their 
ability to pay for better living conditions. Inmates could upgrade 
their accommodations to ``private'' rooms for a monthly fee of 20,000 
to 150,000 guaranies ($4 to $30).
    On June 22, inmates at La Esperanza Penitentiary in Asuncion seized 
prison officials and demanded nighttime conjugal visits and an end to 
mistreatment by guards. Prison officials agreed to investigate abuse 
claims and stop strip-searching visitors. On October 8, the MJT resumed 
authority over the penitentiary after two years of administration by a 
private firm.
    On October 14, 30 inmates at Buen Pastor Women's Prison in Asuncion 
denounced guards for sexual assault and rioted. Officials agreed to 
replace male guards with female guards. After a second disturbance 
October 16, prison officials transferred 12 inmates to other 
penitentiaries.
    There were no new developments in the investigation of the December 
2007 alleged rape of female inmates by prison guards at San Juan 
Bautista Regional Center.
    The Government permitted independent monitoring of prison 
conditions and granted the media, human rights groups, and diplomatic 
representatives limited access to prisons with prior authorization from 
the MJT. On October 22, the MJT signed an agreement with the 
International Committee of the Red Cross authorizing Red Cross 
specialists to assess prison conditions and provide training to prison 
staff.

    d. Arbitrary Arrest or Detention.--The law prohibits arrest and 
detention without an arrest warrant signed by a judge. The law also 
stipulates that persons detained must appear before a judge within 24 
hours to make a statement. The police may arrest without warrant 
persons apprehended in the act of committing a crime, and persons may 
be detained up to six hours by the Public Ministry. There were reports 
of arbitrary arrest and detention of persons without a warrant.

    Role of the Police and Security Apparatus.--The National Police, 
under the authority of the Interior Ministry, preserves public order; 
protects the rights and safety of persons and entities and their 
property; prevents and investigates crimes; and implements orders given 
by the judiciary and public officials. The military, under the 
president's authority, guards the country's territorial integrity and 
defends lawfully constituted authorities. The Defense Ministry, also 
under the president's authority but excluded from the military's chain 
of command, handled some defense matters. The law authorizes the Anti-
Narcotics Secretariat (SENAD) and the Anti-Terrorism Secretariat 
(SEPRINTE), both under the president's authority, to enforce the law 
and maintain order in matters related to narcotics trafficking and 
terrorism.
    Civilian authorities generally maintained control over the security 
forces. The security forces did not effectively coordinate law 
enforcement efforts. Although the Government has mechanisms to 
investigate and punish security force abuses and corruption, there were 
reports that such cases often went unpunished.
    The 22,500-member National Police force was poorly trained, 
inadequately funded, generally corrupt, and shielded by impunity. On 
November 24, Interior Minister Rafael Filizzola dismissed newly 
appointed Police Commissioner Federico Acuna and Deputy Commissioner 
Nestor Baez for insufficient progress in reducing corruption in the 
National Police. Minister Filizzola also authorized prosecutor raids on 
various police headquarters to prosecute endemic police corruption.
    The new government, aware of the security forces' poor reputation, 
took steps beginning in August to control and punish human rights 
violations committed by police officers; in several instances, overt 
use of excessive force by police officers against civilians was rapidly 
condemned by the new government and met with quick action (See Section 
1.a.). However, police officers often continued to act with impunity. 
Although the National Police trained officers in human rights, there 
were incidents of police involvement in homicide, arms and narcotics 
trafficking, car theft, robbery, extortion, and kidnapping.
    On January 23, six individuals wearing police uniforms hijacked a 
public bus and robbed its passengers of 640 million guaranies 
(approximately $127,000). On October 7, authorities arrested five 
police officers from the National Police Economic Crimes Investigations 
Department for stealing 15 million guaranies (approximately $2,970) 
from Manuela Raquel Santacruz; department chief Wenceslao Recalde was 
also dismissed. However, the five officers were released on October 9 
after police determined that Santacruz had outstanding arrest warrants 
for fraud. On December 3, police arrested police officer Nery Rupert 
Britos for leading a gang of youthful robbers.
    There were continuing cases of corruption in the 12,000-member 
military. On January 17, prosecutors opened an investigation into 
allegations that the army illegally transferred construction materials 
to former defense minister Roberto Gonzalez Segovia for personal use 
and issued false documents to conceal the action.

    Arrest and Detention.--The law provides that, after making an 
arrest, police have up to six hours to notify the prosecutor's office, 
at which point the prosecutor's office has up to 24 hours to notify a 
judge that it intends to prosecute the case.
    The law provides detainees with the right to a prompt judicial 
determination regarding the legality of the detention, and authorities 
appeared to respect this right and to inform detainees promptly of the 
charges against them. The law permits detention without trial until the 
accused completes the minimum sentence for the alleged crime, which 
often occurred in practice. The law stipulates that pretrial detention 
may range from six months to five years based on the nature of the 
crime; in reality, detention was arbitrarily lengthy, and some 
detainees were held beyond their maximum allowable detention.
    On October 9, prison officials released Dionisio Escobar after 11 
years of detention on charges of attempting to rob a furniture store. 
Although the old Procedural Code does not specify a maximum length of 
detainment, Escobar's time in detention nearly equaled the maximum 
sentence of 12 years he would have served if he had been convicted.
    The law allows judges to utilize ``substitute measures,'' such as 
house arrest and bail for felony cases but prohibits their use in 
criminal cases. In nonfelony cases, judges frequently set relatively 
high bail, and many poor defendants were unable to post bond and thus 
waited in prison for trial. At the same time, minimal bonds, if any, 
were routinely and blatantly provided to those with political or 
economic connections.
    The law grants accused criminals the right to counsel, and the 
Government provides representation to poor defendants. The Government 
permitted defendants to hire attorneys at their own expense. Detainees 
were allowed access to family members.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; in practice, however, political interference 
routinely and seriously compromised that independence. The judicial 
system provides for separate military, criminal, civil, and commercial 
courts. Courts remained inefficient and routinely subject to 
corruption. Politicians and interested parties routinely attempted to 
influence investigations and pressured judges and prosecutors. Although 
the judiciary was not formally allied with any political group, 
approximately 62 percent of judges were members of the Colorado Party.
    The nine-member Supreme Court appoints lower-court judges and 
magistrates based on slates of three candidates submitted by the eight-
member Magistrate's Council; the Council also nominates for Senate 
approval a slate of three candidates for Supreme Court vacancies. Both 
selection processes were highly politicized.
    There are five types of appellate tribunals: civil and commercial, 
criminal, labor, administrative, and juvenile. Lower courts and 
justices of the peace handle civil and commercial, criminal, labor, and 
juvenile cases. In many rural communities, one justice of the peace 
handles all judicial matters. The military has its own judicial system, 
and the Supreme Court of Military Justice oversees military cases. The 
Superior Electoral Court (TSJE) oversees the electoral process and 
settles election disputes. The Supreme Court has final appellate 
jurisdiction over all courts and constitutional questions.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, which the judiciary nominally enforced through a lengthy 
trial process. On June 4, the Center for Judicial Studies released a 
study indicating that only 41.7 percent of cases initiated in 2007 were 
resolved within one year. Wealthy or well-connected defendants received 
impunity by filing often-specious motions that slowed legal progress 
until their cases reached the statute of limitations.
    The law provides for the use of three-judge tribunals in lieu of 
juries to rule on procedure, determine guilt or innocence, and decide 
sentences. A majority opinion is required to convict. One judge 
presides over misdemeanor cases when the maximum punishment does not 
exceed two years in prison and in civil cases.
    All trials are open to the public. The law requires prosecutors to 
indict accused persons within 180 days of arrest. The 343 prosecutors 
and 98 public defenders on staff at the Public Ministry lacked the 
resources to perform their jobs adequately. Defendants enjoy a 
presumption of innocence and a right of appeal, and defendants and 
prosecutors may present witnesses' written testimony and other 
evidence. Defendants and their attorneys have the right of access to 
state evidence relevant to their cases.

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

    Civil Judicial Procedures and Remedies.--Citizens have access to 
the courts to bring lawsuits seeking damages for, or cessation of, 
human rights violations. There are administrative and judicial remedies 
for alleged wrongs, although these were rarely granted to citizens. The 
Government experienced problems enforcing court orders.

    Property Restitution.--The Government generally enforced court 
orders with respect to seizure, restitution, or compensation for taking 
private property. However, systemic failures occurred. During the year 
the Government partially complied with the Inter-American Court of 
Human Rights' 2005 ruling in favor of the Yakye Axa indigenous 
community with full monetary restitution; however, the Government did 
not deed land to the community and at year's end was considering a 
proposal to obtain land for them. The Government also partially 
complied with the Inter-American Court of Human Rights' 2006 ruling in 
favor of the Sawhoyamaxa indigenous community by providing monetary 
restitution but did not award the community land.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits police entry into private homes 
except to prevent a crime in progress or when the police possess a 
judicial warrant. While the Government and its security forces 
generally did not interfere in the private lives of citizens, human 
rights activists reported that officials abused their authority by 
entering homes and businesses without warrants. There were credible 
allegations that some government officials occasionally spied on 
individuals and monitored communications for partisan or personal 
reasons.
    An investigation of Colonel Heriberto Galeano, former commander of 
the Presidential Escort Regiment, for illegally wiretapping telephones 
from his home remained open at year's end. Separately, on December 5, a 
three-judge tribunal ignored substantial evidence and absolved Galeano, 
of illicit enrichment, a decision that prosecutors appealed on December 
30.
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 criticized the Government publicly and 
privately, generally without reprisal or impediment. During political 
speeches throughout the year then-president Duarte and senior members 
of the Colorado Party repeatedly criticized the press, accusing the 
media of partisanship and inaccurate reporting.
    On December 19, the Government launched an official newspaper, 
Paraguay for All, with an initial run of 15,000 copies touting the Lugo 
administration's accomplishments. The Government stated that it would 
not use the newspaper as a propaganda tool but only as a source of 
public information.
    The independent media were active and expressed a wide variety of 
views with few legal restrictions. The media frequently criticized the 
Government and freely discussed opposition viewpoints without 
censorship. Many media outlets reflected personal business or political 
interests, and ethical and professional standards were low.
    Political officials often retaliated against media criticism by 
invoking criminal libel laws and suing the media to intimidate 
journalists and suppress further investigations. On April 30, a judge 
absolved ABC Color managing director Aldo Zuccolillo and reporter 
Carlos Davalos Caceres of defamation in a suit filed by former 
controller general auditors Atilio Perazza and Juan Antonio Cristaldo. 
The suit concerned a 1999 ABC Color article accusing public works and 
communications ministry officials of embezzlement. On February 8, a 
tribunal acquitted Zuccolillo of defamation charges brought by former 
deputy Benjamin Marecos Dure. At year's end Zuccolillo faced at least 
20 additional criminal charges.
    Government agents harassed and intimidated journalists. On several 
occasions, politicians and prosecutors publicly threatened journalists 
who revealed embarrassing information about them, typically related to 
corruption. Political figures used police or private security agents to 
threaten or intimidate journalists.
    On April 11, the National Communications Commission (CONATEL) shut 
down the Community Progress FM radio station in Curuguaty, Canindeyu 
Department, for operating without a radio license. The station's 
president, Brigido Gonzalez, claimed that, in the period leading to the 
national election, CONATEL shut down his station after its broadcasts 
criticized then Colorado deputy Julio Colman but did not shut down two 
other unlicensed radio stations in Curuguaty that supported Colman and 
his political allies.
    On June 23, police reportedly beat two La Nacion newspaper 
journalists with batons during a protest in front of the Social Action 
Secretariat in Asuncion. In June FM del Sur de Encarnacion 
correspondent Miguel Angel Masi was assaulted four times by unknown 
assailants and received death threats by phone. Journalists from Ultima 
Hora, Radio 1000, and Mega FM radio station received death threats 
during the year.
    On August 16, the Government's security forces declined to 
intervene when Venezuelan President Hugo Chavez' security agents 
physically assaulted Radio Nanduti and ABC Color journalists during 
Chavez' visit to San Pedro Department.
    On January 22, prosecutors charged civilians Nelson Gustavo and 
Fabio Vera Sanabria with the August 2007 killing of Chilean radio 
journalist Alberto Tito Palma. There were no new developments in the 
March 2007 attack by log traffickers and the September 2007 threat by a 
local councilman against journalist Alberto Nunez in Capiibary, San 
Pedro Department. There were no developments in the 2006 killing of 
Colorado mayoral candidate and journalist Julio Benitez Ruiz Diaz.

    Internet Freedom.--There were no government restrictions on basic 
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 Telecommunication Union reported that there were nine 
Internet users per 100 inhabitants in 2007.
    There were reports that the Government censored Web sites. On April 
12, the Beloved Fatherland Party accused the government-owned Paraguay 
Communications Company (COPACO) of blocking several political Web sites 
prior to the April 20 national election. Additionally, COPACO used its 
monopoly status to block access to Voice over Internet Protocol.

    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 association, 
and the Government generally respected these rights in practice. The 
Government generally protected demonstrators from indiscriminate 
violence. The law restricts demonstrations to certain times and places 
and specifically prohibits meetings or demonstrations in front of 
specified government buildings. Although the law prohibits closing 
roads as a form of protest, demonstrators did so on many occasions 
during the year. Police sometimes forcibly removed protesters.
    On January 18, hundreds of former vice president Luis Castiglioni's 
supporters blocked a major highway after transportation officials 
selectively stopped their buses and conducted impromptu road safety and 
security checks. The supporters had been traveling to Asuncion to 
protest disputed Colorado Party primary results.
    During the year campesino movements frequently protested in the 
streets of Asuncion, blocked major highways, and occupied private 
ranches to advocate for land reform. These protests occasionally turned 
violent. The major umbrella organizations comprising many campesino 
movements included Sin Techos (Without Roofs), Sin Tierras (Without 
Land), the National Coordinating Board of Campesino Organizations 
(MCNOC), and the National Federation of Campesinos (FNC) representing 
35 regional campesino movements.
    In some cases police used excessive force to disrupt campesino 
protests. On April 14, police clashed with 2,000 Sin Techos protesters 
in Asuncion, and 15 protesters were injured. On October 3, campesino 
leader Bienvenido Melgarejo was killed and several campesinos were 
injured during a clash with police in Colonia, Alto Parana Department; 
campesino leader Jorge Arevalos claimed that police killed Melgarejo. 
On November 5, police injured 48 members of MCNOC and the Social and 
Popular Front (FSP) during a protest outside the Public Ministry in 
Asuncion. On November 25, police reportedly injured six members of the 
country's public workers union during a protest. On December 5, police 
clashed with Sin Techos protesters in Coronel Oviedo; two Sin Techos 
protesters were injured, and a bystander was killed.

    Freedom of Association.--The constitution provides for the right of 
citizens to free association, and the Government generally respected it 
in practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected religious freedom in 
practice. However, it occasionally failed to enforce religious freedom 
laws when abuses occurred.
    On July 30, the Vatican issued a decree announcing that Pope 
Benedict XVI had granted then-president-elect Lugo a special waiver 
dispensing him from his clerical duties.
    Jehovah's Witnesses who refused to give permission for blood 
transfusions in 2007 reported that authorities challenged what the 
group considered a ``right to bodily self-determination.'' No new 
developments were reported in the September 2007 case of Jose Ortega 
and Asuncion Ortega Gaona, arrested for refusing to allow doctors to 
give their minor daughter blood transfusions.

    Societal Abuses and Discrimination.--There were occasional reports 
of violence, harassment, and discrimination against members of 
religious groups.
    During the year's election campaign, then-president Duarte made 
several critical remarks about the Catholic clergy in an attempt to 
discredit his handpicked successor's opponent, Fernando Lugo, a former 
Catholic bishop.
    The Jewish community numbered approximately 1,000. Anti-Semitic and 
pro-Nazi messages and symbols, including graffiti, appeared 
sporadically. The Government investigated but did not identify 
suspects.
    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's National Commission of Refugees 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. CIPAE acted 
as the UN's local legal representative. Authorities frequently 
prohibited those accused of crimes from leaving the country and, on 
occasion, barred those convicted of crimes from traveling abroad after 
completing their sentences. The law expressly prohibits forced exile, 
and the Government did not use it.
    On May 21, three police officers entered the Venezuelan Embassy in 
Asuncion without permission and arrested Paraguayan police officer 
Anibal Insauralde, who had sought political asylum in Venezuela.

    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 also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 convention or the 1967 protocol and provided it to approximately 
15 persons during the year, including four Cubans. The Government 
permitted those refused asylum or refugee status to obtain legal 
permanent residency.
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.--In the April 20 multiparty 
general elections, Fernando Lugo of the Patriotic Alliance for Change 
won the presidency and ended 61 years of uninterrupted Colorado Party 
rule. Observers from the Organization of American States and NGO 
International Foundation for Electoral Systems characterized the 
elections as generally free and fair. There were no reports of 
systematic nationwide irregularities; however, there were reports of 
minor irregularities at several polling stations.
    Although political parties operated without restriction or outside 
interference, the Government must approve their participation in 
elections. The Government prohibits unregistered parties, including 
those with military wings, and independent candidates from 
participating in national and departmental elections; however, 
independent candidates may participate in municipal elections.
    Although the Government prohibits civil servants from engaging in 
political campaigns and using public resources to benefit political 
parties, many did so during the year's election campaign. Public 
employees were often pressured by their supervisors to campaign on 
behalf of the Colorado Party, which routinely used public resources on 
behalf of the party and its candidates.
    On January 8, Colorado senator Juan Carlos Galaverna acknowledged 
that he committed fraud during the 1992 Colorado Party primary to help 
Carlos Wasmosy win the primary. Congress censured Galaverna and 
suspended him for 60 days; Galaverna returned to the Senate on July 21. 
Prosecutors opened an investigation into the case, which remained 
pending at year's end.
    On June 23, then-president and senator-elect Duarte tendered his 
resignation from the presidency to join the Senate on July 1. The 
Senate refused his resignation, and Duarte remained president until the 
end of his term on August 15. On August 26, Senate President Enrique 
Gonzalez Quintana swore Duarte in as a full senator; on the same day, 
the Senate met and overturned Gonzalez's decision, named Colorado Jorge 
Cespedes senator in Duarte's place, and appointed Duarte as a nonvoting 
senator emeritus, in keeping with the 1992 constitution.
    On August 31, army general Maximo Diaz claimed that then-president 
Duarte, retired general Lino Oviedo, Senate President Gonzalez, 
attorney general Ruben Candia Amarilla, and TSJE president Juan Manuel 
Morales met to discuss a coup d'etat. Prosecutors opened an 
investigation, which remained pending at year's end.
    There were no legal impediments to women's participation in 
government and politics. There were 16 women in Congress (six of 45 
senators and 10 of 80 national deputies). One woman served on the 
Supreme Court, one as a departmental governor, and three served as 
members of the Mercosur Parliament. One woman headed a cabinet-level 
ministry, and five women held ministerial rank. Colorado candidate 
Blanca Ovelar was the first female presidential candidate of a major 
political party. The Electoral Code requires that at least 20 percent 
of each party's candidates in their internal primaries be women.
    Although there were no legal impediments to participation by 
minorities or indigenous groups in government and politics, no 
indigenous persons were elected to government during the year. On 
August 15, President Lugo named Ache indigenous chief Margarita 
Mbywangy director of the National Institute of the Indigenous (INDI) 
but dismissed her on December 18 over accusations that she favored the 
Ache over other groups. Members of some indigenous communities 
protested limits on their political and human rights.

    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 Ministry, under the authority of the attorney general, 
commissioned several units of attorneys to combat corruption. The 
Public Ministry worked with the Ministry of Industry and Commerce's 
Money Laundering Secretariat to investigate and prosecute corruption 
cases.
    Elected officials are required to disclose their finances prior to 
running for office; however, most did not, engaging in corrupt 
practices with impunity and using political immunity to avoid 
prosecution.
    On April 10, a tribunal sentenced Nicolas Donato Dagogliano, former 
director general of the National Service of Professional Promotion 
(SNPP), and former SNPP economic head Elias Fernandez Defelice to six 
years' and five years' imprisonment, respectively, for embezzling 2.4 
billion guaranies (approximately $475,000) from the agency from 2001 to 
2003.
    On June 4, a tribunal sentenced former municipal personnel 
retirement and pension finance administrator Edgar Gomez Zaputovich and 
five subofficials to three and a half years in prison for embezzling 
600 million guaranies (approximately $118,000).
    On July 31, police apprehended former labor and justice minister 
Silvio Ferreira, who had been a fugitive since 2003. Prosecutors 
indicted Ferreira, who served under then-president Luis Gonzalez Macchi 
during 2000 to 2002, on multiple counts of embezzlement, including six 
billion guaranies (approximately $1.2 million) in funds from the 
Republic of China (Taiwan) and 480 million guaranies (approximately 
$95,000) in ministry funds earmarked for prison food and materials. The 
case remained pending at year's end.
    On September 4, police detained 13 officials from the National 
Administration of Navigation and Ports for alleged embezzlement of 
approximately five billion guaranies (one million dollars). The case 
remained pending at year's end.
    On October 3, prosecutors announced they had opened an 
investigation into allegations of illicit enrichment by former 
president Nicanor Duarte Frutos and his wife, Gloria Penayo de Duarte. 
Prosecutors based their investigation on findings released October 1 by 
the Controller General that indicated the Duartes possessed known cash 
reserves seven times higher than their income. The Children and 
Adolescent's Secretariat (SNNA) demanded September 15 that the 
Paraguayan Network for Human Development (REPADEH), an NGO controlled 
by Penayo de Duarte, transfer to the Government property purchased by 
REPADEH with funds provided by the Government of the Republic of China 
(Taiwan).
    On December 11, prosecutors indicted Colorado senator Victor Bernal 
Garay for misusing 340 million guaranies ($67,000) in Itaipu Dam funds 
while serving as director of the Itaipu Binational Entity. Bernal was 
also under investigation for misusing Itaipu Dam funds designated for 
the NGO Fundacion Tesai, diverting funds to Sistema Siete, an 
advertising agency controlled by then-president Duarte that worked on 
the Colorado Party's election campaign, and enriching himself and his 
family. Bernal continued to enjoy political immunity while in office.
    There were no new developments in the May 2007 case of videotaped 
extortion by former foreign minister Ruben Melgarejo Lanzoni and 
prosecutor Juan Claudio Gaona; the June 2007 case of misuse of public 
funds by deputy Victor Bogado, who continued to enjoy political 
immunity while in office; the 2007 bribery case of environment ministry 
official Jorge Colonel; or former president Gonzalez Macchi's appeal of 
his 2006 conviction and six-year prison sentence for embezzlement. 
These and a number of similar cases involving high-level corruption 
were paralyzed by political interference in the judicial system.
    Although the law provides for public access to government 
information, citizens and noncitizens, including foreign media, had 
limited access to government information. Insufficient infrastructure 
and efforts to hide corruption hindered access to information; however, 
the Government improved transparency by publishing information publicly 
via the Internet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Over 50 domestic and international human rights groups, including 
the International Organization for Migration (IOM), the International 
Labor Organization (ILO), and the UN Children's Fund (UNICEF), operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Major local NGO umbrella organizations 
representing many local human rights NGOs operated independently. These 
included the NGO Association of Paraguay (Pojoaju), CODEHUPY, the 
Coordinator for the Self-Determination of Indigenous People (CAPI), the 
Human Rights Coordinator for Infants and Adolescents (CDIA), and the 
Coordinator for Paraguayan Women (CMP).
    Government officials cooperated with domestic NGOs and met with 
domestic NGO monitors but often did not take action in response to 
their reports or recommendations. The Government generally did not 
restrict domestic NGO operations or use tactics to suppress criticism 
by domestic NGOs. The Government generally cooperated with 
international human rights groups, humanitarian NGOs, and international 
governmental organizations and permitted visits by representatives of 
these organizations.
    Ombudsman Manuel Paez Monges was the country's primary human rights 
advocate. The ombudsman employed approximately 160 lawyers and support 
personnel, including 70 who worked in municipal offices outside 
Asuncion. The ombudsman's offices generally operated without government 
interference; however, budgetary constraints hindered their operations. 
Congressional interference limited the ombudsman's ability to handle 
cases involving government officials.
    The Ministry of Justice and Labor's director general of human 
rights chaired the National Commission on Human Rights. The office 
forwarded information concerning human rights abuses to the Public 
Ministry for action. The Foreign Ministry's Human Rights Section 
organized an interministerial roundtable on human rights that met 
periodically and served as a forum for human rights officials from the 
Government and NGOs.
    The law mandates that the Truth and Justice Commission (CVJ), 
established by Congress and appointed by the president, document human 
rights abuses that occurred during the 1954-89 Stroessner regime. The 
ombudsman's office worked closely with the CVJ to process abuse cases. 
On August 28, the CVJ published its 1,000-page final report. The CVJ 
concluded that as many as 128,077 persons, almost 1 percent of the 
total population, were potential victims of Stroessner-era abuses, 
including 20,090 directly affected by human rights abuses, 19,682 
political prisoners, 18,772 torture victims, 3,470 exiles, 377 
disappearances, and 59 extrajudicial executions. The CVJ urged the 
Government to investigate an estimated 2,800 individuals who allegedly 
committed abuses while serving as officials under Stroessner. The CVJ 
based its report on 9,923 testimonies from 2,059 victims of Stroessner-
era abuses and their relatives and on documents found in the ``Terror 
Archive.''
    The law requires that the ombudsman investigate and work with the 
prosecutor general, who reports directly to the president, to seek 
monetary compensation in these cases. Since his appointment in 2001, 
the ombudsman ruled that more than 1,200 victims who filed petitions 
were entitled to reparations; and since 2004, 1,886 victims or their 
family members received payments totaling 147.2 billion guaranies 
($29.1 million).
    On October 30, Misiones Department governor Victor Pereira and 
human rights activist Martin Almada announced they had uncovered in the 
basement of a former interior ministry building identification cards, 
photos, and personal information from political prisoners held captive 
and tortured during the Stroessner regime.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    While the law prohibits discrimination based on race, gender, 
disability, language, or social status, certain groups, such as 
indigenous persons, faced discrimination in practice.

    Women.--The law criminalizes rape, including spousal rape, and 
provides penalties of up to 10 years in prison for rape or forcible 
sexual assault. If the victim is a minor under the age of 18, the 
sentences range from three to 15 years. According to the Public 
Ministry, rape was a significant problem. The Government generally 
prosecuted rape allegations and often obtained convictions; however, 
many rapes went unreported, and the police were generally reluctant to 
act on rape reports.
    Although the law criminalizes domestic violence, including spousal 
abuse, and stipulates a penalty of two years in prison or a fine for 
those who are convicted, it requires that the abuse be habitual before 
it is considered criminal. Those convicted were typically fined. 
Despite increased reports of domestic violence, complaints were often 
withdrawn soon after filing due to spousal reconciliation or family 
pressure. In some cases the courts mediated in domestic violence cases. 
Domestic violence was very common, and thousands of women were treated 
annually for injuries sustained in domestic altercations. Through 
September the Secretariat of Women's Affairs (SMPR) registered 3,871 
domestic violence complaints by women who contacted the SMPR (1,387), 
National Police (628), Center for Medical Emergencies (38), and NGO 
Kuna Aty (1,818). Also through April, the Public Ministry investigated 
cases of domestic violence filed by 88 women and 15 men.
    The SMPR operated a shelter for women who are victims of 
trafficking or domestic violence in Asuncion. The SMPR coordinated 
victim assistance efforts with the National Police, health care units, 
the Public Ministry, and women's NGOs. NGOs provided health and 
psychological assistance, including shelter, to victims. The SMPR also 
provided victims assistance courses for police, health care workers, 
and prosecutors. The SMPR and NGOs Kuna Aty and Women's November 25th 
Collective offered services to abused women in Asuncion. Kuna Roga 
offered services to abused women in Encarnacion.
    The law prohibits the sexual exploitation of women, but the 
authorities did not enforce the prohibition effectively. Prostitution 
is legal for persons over the age of 18, and exploitation and 
trafficking of women, particularly underage prostitutes, remained 
serious problems.
    The law prohibits sexual harassment and stipulates a penalty of two 
years in prison or a fine for those who are convicted; however, sexual 
harassment remained a problem for many women. Prosecutors found sexual 
harassment and abuse claims difficult to prove, and most complaints 
were settled privately without involving prosecutors.
    Although women generally enjoyed the same legal status and rights 
as men, gender-related economic discrimination was widespread. Women 
often were paid significantly less than men for the same work and 
experienced more difficulties finding work. According to the General 
Directorate of Statistics, Surveys, and Censuses, the November 2007 
unemployment rate for women in the formal sector was 7.5 percent, 
compared with 5.6 percent for men. Women generally were employed as 
domestic workers, secretaries, and customer service representatives. 
The SMPR sponsored programs intended to give women equal access to 
employment, social security, housing, ownership of land, and business 
opportunities.

    Children.--The law protects certain children's rights and 
stipulates that parents and the state should care for, feed, educate, 
and support children.
    The failure to register births resulted in some discrimination, 
including the denial of public services. The SNNA estimated that more 
than 600,000 children remained unregistered.
    Child abuse and neglect were serious problems. The National 
Commission to Prevent and Eradicate the Exploitation of Children 
(CONAETI) assisted abused and neglected children and educated the 
public on preventing abuse. The SNNA and children's NGOs also organized 
programs to combat child abuse. The Ministry of Health and Social 
Welfare operated three homes for abused children and orphans in 
Asuncion and placed some abused children in foster homes.
    On December 29, the SNNA opened a shelter for street children in 
Asuncion. The NGO Children's and Adolescents' Care and Assistance 
Center (CEAPRA) managed a shelter in Ciudad del Este partially 
supported by the SNNA, and local Catholic charities operated several 
children's homes and orphanages in several locations, including 
Asuncion and Encarnacion. The NGO Integral Adolescent Attention Service 
(SAIA) assisted abused children in Villarrica, Guaira Department. In 
many cities the Municipal Council for Children's Rights (CODENI) 
assisted abused and neglected children.
    Sexual exploitation of children, principally in prostitution, was a 
serious problem. According to the SNNA, many underage children were 
forced to work as prostitutes or domestic servants for survival and 
were sexually abused.

    Trafficking in Persons.--Although the law prohibits most forms of 
trafficking in persons, there were reports that persons were trafficked 
to, from, through and within the country.
    Anecdotal evidence suggests that each year several thousand women, 
children, adolescents (mostly girls), and transgendered prostitutes 
were trafficked domestically and internationally from the country. An 
estimated 80 percent of the victims were young women and adolescents. 
CEAPRA, which operated a children's shelter in Ciudad del Este, 
estimated in February that up to 20 victims were trafficked each day to 
Brazil and Argentina via the Tri-Border Area (TBA). Most victims were 
trafficked to Argentina (52 percent) and Spain (25 percent); smaller 
numbers of victims went to Brazil, Italy, and Bolivia. Domestically, 
most victims were trafficked to Asuncion, Ciudad del Este, and 
Encarnacion.
    Most trafficking exploited victims for the purposes of 
prostitution, domestic servitude, and manual labor. Most victims lived 
in the rural eastern departments of Alto Parana, Canindeyu, Caaguazu, 
and Itapua. Studies showed that many victims were working as street 
vendors when traffickers targeted them and that 70 percent of victims 
had drug addictions.
    The principal traffickers worked in organized criminal syndicates 
based in Argentina and Brazil with local contacts operating nationwide. 
Women, who were paid to find victims, made initial contact on behalf of 
traffickers and offered false promises of employment. Victims who 
accepted their offers were referred to handlers who facilitated travel 
and lodging and issued false travel documents. Traffickers then 
transported victims domestically or internationally through illegal or 
unmonitored border crossing points.
    On July 16, the Government adopted a new trafficking in persons 
statute. The statute aligns the law with several ILO antitrafficking 
conventions and punishes convicted international traffickers with up to 
12 years in prison. It strengthens penalties for those who traffic 
minors and use excessive violence against their victims. The new 
trafficking in persons statute does not specifically address domestic 
human trafficking, although other laws, including the Children and 
Adolescents Law, the Domestic Violence Law, and a pandering statute, 
can be used to prosecute domestic traffickers.
    The Public Ministry, with SMPR assistance, opened 11 trafficking 
cases this year on behalf of 19 women, including six minors. During the 
year, prosecutors indicted nine suspected traffickers, and four 
traffickers were convicted and sentenced to up to six years in prison. 
The Government also assisted with international investigations and 
extradited citizens who were accused of trafficking in other countries.
    In March a 15-year-old trafficking victim who escaped from a 
brothel in Buenos Aires fled to Ciudad del Este, where she filed a 
complaint with the SNNA. Based on her complaint, Argentine and 
Paraguayan authorities rescued 25 girls from the brothel. Charges 
remained pending. During the year prosecutors opened an investigation 
into a syndicate that trafficked dozens of adolescent girls to Chile.
    There were no developments in the 2006 trafficking cases of Antonio 
Cortes Villena, Ramiro Noquer Garcia, Juana Rocio Adorno Silguero, and 
Jorge Kraufer Gimenez, or Spaniards Claudia Lorena Martinez and Andres 
Eligio Ponce for trafficking children to Spain.
    The Public Ministry investigates and prosecutes traffickers. On 
October 14, the ministry established an antitrafficking unit with three 
prosecutors dedicated to fighting human trafficking. The ministry 
worked with the National Police, Foreign Ministry, SMPR, SNNA, and 
Secretariat of Development for the Repatriated and Conational Refugees 
(SEDERREC). The Interior Ministry, which oversees the National Police, 
has an antitrafficking unit that assists with investigations and 
arrests. The Government coordinated antitrafficking efforts through the 
Inter-Institutional Roundtable for the Prevention and Combat of 
Trafficking in Persons. The roundtable includes representatives from 
many government agencies, IOM, ILO, NGOs, and foreign missions. The TBA 
Anti-Trafficking in Persons Network assisted national antitrafficking 
agencies and NGOs to coordinate efforts in the TBA with their 
counterparts in Argentina and Brazil.
    There were reports that public officials, including political 
figures, border guards, police, prosecutors, judges, and others, 
participated in, facilitated, or condoned human trafficking. Officials 
reportedly accepted bribes directly or indirectly to facilitate 
trafficking in persons. However, prosecutors and the police did not 
investigate or prosecute public officials allegedly involved in 
trafficking, nor did they remove them, because they lacked the 
resources and political will. Inadequate financial and technical 
resources constrained the Government's ability to combat trafficking.
    The SEDERREC repatriated trafficking victims to Paraguay and 
provided them with limited legal, medical, and psychological 
assistance. The SEDERREC had 60 pending cases of individuals awaiting 
repatriation. The SEDERREC, SMPR, and SNNA help victims return to their 
families; the SNNA placed some child and adolescent victims in foster 
homes and referred others to shelters or foster homes and women to the 
new women's shelter for trafficking victims. The Government did not 
follow up with victims once they were repatriated.
    The Government encouraged victims to file complaints against 
traffickers and assist in the investigation and prosecution of 
traffickers. However, many victims avoided the legal process for fear 
of potential retaliation by traffickers or social stigma.
    The Government's antitrafficking Interinstitutional Roundtable 
frequently conducted antitrafficking meetings and seminars in Greater 
Asuncion, Caacupe, and Ciudad del Este. The Government also worked with 
international organizations such as the IOM, ILO, and UNICEF to publish 
reports on trafficking and labor abuses.
    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. The law does not mandate accessibility for persons with 
disabilities, and most of the country's buildings were inaccessible. 
Many persons with disabilities faced significant discrimination in 
employment; others were unable to seek employment because of a lack of 
accessible public transportation. The Ministry of Health and Social 
Welfare noted that half of all children with disabilities did not 
attend school because public buses could not accommodate them.
    Hygienic conditions for the more than 250 residents at the 
Neuropsychiatric Hospital in Asuncion, the country's only health care 
center for persons with disabilities, improved since 2005, when the 
Government agreed to restructure the country's mental health system. 
However, the hospital needed to enhance its security and accountability 
systems (See Section 1.c.).

    Indigenous People.--The law provides indigenous people with the 
right to participate in the economic, social, political, and cultural 
life of the country. However, the law protecting the property interests 
of indigenous people was not respected in practice, and indigenous 
persons faced systemic discrimination.
    A June census reported an indigenous population of approximately 
108,000. The census estimated that 39 percent of indigenous people over 
age 15 were illiterate, approximately 48 percent were unemployed, and 
88 percent lacked health insurance.
    The Government did not effectively protect indigenous civil and 
political rights. Discrimination and lack of access to education, 
health care, shelter, and sufficient land hindered indigenous groups' 
ability to progress economically and maintain their cultural identity. 
The INDI, the Public Ministry, and the ombudsman's office are 
responsible for protecting and promoting indigenous rights. However, 
INDI frequently lacked funding to purchase land on behalf of the 
indigenous and required indigenous persons to register for land at its 
office in Asuncion. Indigenous workers engaged as laborers on ranches 
earned low wages, worked long hours, were paid infrequently or not at 
all, and lacked benefits. The Public Ministry and ombudsman rarely 
investigated or prosecuted discrimination against indigenous people.
    Human rights NGOs, such as CAPI and the Center for International 
Law and Justice, filed one case on behalf of indigenous groups with the 
Inter-American Commission of Human Rights. On July 24, the Inter-
American Commission of Human Rights referred the case submitted by the 
Kelyenmagategma indigenous community to the court (See Section 1.e.).
    The law authorizes indigenous people to determine how to use their 
land, leading many of them to transfer or rent their land to the 
nonindigenous persons. Some nonindigenous persons illegally harvested 
fish or deforested indigenous lands through cultivation. There were 
insufficient police and judicial protections from encroachments on 
indigenous lands. On May 21, leaders of the Ava Guarani indigenous 
group filed a complaint with prosecutors after nonindigenous farmers 
occupied their land near Itakyry, Alto Parana Department.

    Other Societal Abuses and Discrimination.--There was societal 
discrimination based on sexual orientation. The Public Ministry is 
responsible for investigating discrimination cases; however, government 
agents condoned such discrimination. On January 14, a judge jailed 
Jesus Alejandro Martinez and Blanca Estigarribia after their wedding on 
January 13 when an unknown individual claimed the couple entered into a 
same-sex marriage. On January 16, the judge released the couple after a 
doctor determined that Martinez was a hermaphrodite.
    There were reports of killings of transgendered persons. On July 1, 
an unknown assailant killed 17-year-old ``Lupita'' and attacked 
``Laura,'' who witnessed the killing. On July 3, unknown individuals 
shot ``Gaby.'' These cases remained pending at year's end.
    CODEHUPY noted that individuals with HIV/AIDS faced discrimination 
in health care, education, and employment, as well as social 
intimidation.
Section 6. Worker Rights
    a. The Right of Association.--The law allows both private and 
public sector workers (with the exception of the armed forces and the 
police) to form and join unions. The law allows unions to conduct 
legitimate activities without government interference and contains 
provisions that protect fundamental worker rights. Although the 
Government did not always enforce these provisions, workers exercised 
these rights in practice. Approximately 160,000 (10 percent) of workers 
were members of over 350 labor unions affiliated with five major labor 
umbrella organizations. Most workers, including farmers, ranchers, and 
informal sector employees, could not join a labor union. Many of these 
workers were members of campesino movements.
    There are no restrictions on the right to form or dissolve a union. 
All unions must register with the MJT. Although the official 
registration process can take more than a year, the MJT typically 
issued provisional registrations within weeks of application to allow 
new labor unions to operate.
    The law provides for the right to strike, bans binding arbitration, 
and prohibits retribution against union organizers and strikers. 
However, the Government failed to prevent retaliation by employers who 
took action against strikers and union leaders. The courts provided due 
process through mechanisms such as voluntary arbitration.

    b. The Right to Organize and Bargain Collectively.--The law allows 
collective bargaining, and this provision generally was respected in 
practice. The Government did not place restrictions on collective 
bargaining and did not require approval for collective agreements to be 
valid. According to the MJT, there were approximately 30 collective 
bargaining agreements in place, covering approximately 10 percent of 
private sector employees and 60 percent of public sector employees.
    Although the law prohibits antiunion discrimination, discrimination 
occurred in practice. Some union organizers experienced harassment and 
were fired for union activities. Some workers allegedly chose not to 
protest due to fear of reprisal or anticipation of government inaction.
    There are no export processing zones. Factories (maquiladoras) that 
assemble imported parts for reexport to Mercosur are subject to all 
labor laws.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace, but the 
Government did not effectively enforce these laws. Child labor was a 
problem, particularly in the domestic service, brick and lime 
manufacturing, and agricultural sectors (including cotton, sugar cane, 
corn, soy, sesame, wheat, mandioca, and stevia production).
    The law prohibits work by children under age 12. Children 12 to 14 
years of age may work with parental authorization up to four hours per 
day in nonindustrial, nonhazardous working conditions. The law permits 
minors between 15 and 18 years of age to work with parental 
authorization up to six hours per day in nonhazardous working 
conditions. An August 2007 ILO study reported that 970,000 (53 percent) 
of children between the ages of five and 17 worked more than one hour 
per day, and 862,000 worked at least 14 hours per week, primarily in 
domestic servitude, factories, or in agriculture. The same study 
estimated that 60,300 children worked as unpaid domestic servants 
(criadas). More girls than boys were involved in exploitative child 
labor until the age of 12; after age 12, more boys were involved.
    In addition to prostitution and domestic servitude, the worst forms 
of child labor occurred where malnourished, abused, or neglected 
children worked in unhealthy conditions selling goods or services on 
the street, working in factories, or harvesting crops. Slavery and 
similar practices occurred, particularly in prostitution and domestic 
servitude. Parents and guardians reportedly sold their children for the 
purpose of forced labor, and children were used, procured, and offered 
to third parties for illicit activities. Many children also performed 
hazardous work.
    The MJT is responsible for enforcing child labor laws, and the 
Public Ministry prosecuted violators. Several government agencies 
worked to eliminate exploitative child labor by increasing awareness, 
improving legal protections and public policy, and implementing 
monitoring systems; however, resource constraints limited the 
effectiveness of these efforts.
    The Secretariat for Social Action (SAS) administered the programs 
Programa Abrazo (Hug Program) and Tekopora (Healthy Life) that paid 
parents of street children and parents in some rural areas a monthly 
stipend to send their children to school. On June 30, the Ministry of 
Education and Culture (MEC) launched Vision 2020, a program designed to 
improve children's access to education. The MEC also adopted the ILO's 
``Scream'' child labor intervention campaign to train and assist 
educators in identifying child laborers and protecting them from 
exploitation. The Government also participated in several regional 
projects to eliminate exploitative child labor.

    e. Acceptable Conditions of Work.--The mandatory national minimum 
wage, established by the MJT, was approximately 1.34 million guaranties 
($265) per month, sufficient to maintain a minimally adequate standard 
of living for a worker and family. The minimum salary is adjusted by 
presidential decree whenever annual inflation exceeds 10 percent; the 
increase is determined in an opaque manner. However, the ministry did 
not enforce the minimum wage and estimated that 50 percent of 
government workers and 48 percent of private-sector workers earned less 
than the minimum wage.
    The law provides for a standard legal workweek of 48 hours (42 
hours for night work), with one day of rest. The law also allows an 
annual bonus of one month's salary and a minimum of 12 and a maximum of 
30 vacation days per year, depending on years of service. The law 
requires overtime payment for hours in excess of the standard; however, 
many employers violated these provisions. There are no prohibitions or 
exceptions on excessive compulsory overtime.
    The law sets occupational health and safety standards stipulating 
conditions of safety, hygiene, and comfort. The Government did not 
allocate sufficient resources to enable the MJT and the Ministry of 
Health to enforce these provisions effectively. Workers have the right 
to remove themselves from situations that endanger their health or 
safety without jeopardy to their employment, but authorities did not 
effectively enforce this right.

                               __________

                                  PERU

    Peru is a multiparty republic with a population estimated at 28.2 
million. In 2006 Alan Garcia of the Popular Revolutionary Party 
Alliance (APRA) won the presidency in elections that were generally 
free and fair. Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens. The following human rights problems were reported: alleged 
unlawful killings by government forces and disappearance of persons in 
an area under military control; abuse of detainees and inmates by 
police and prison security forces; harsh prison conditions; lengthy 
pretrial detention and inordinate trial delays; attacks on the media by 
local authorities; corruption; harassment of some civil society groups; 
violence and discrimination against women; violence against children, 
including sexual abuse; trafficking in persons; discrimination against 
indigenous communities, ethnic minorities, and gay and lesbian persons; 
failure to apply or enforce labor laws; and child labor in the informal 
sector.
    The terrorist organization the Shining Path (Sendero Luminoso), 
linked to narcotics trafficking, was responsible for killings and other 
human rights abuses.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings. However, 
on September 14, during an antiterrorist operation in the Valle de 
Apurimac y Ene region (VRAE) (special emergency zone), according to 
credible sources, security forces reportedly killed Jesus Felix 
Canchanya Limache, Maximiliano Pichardo, Fernandez Alejandro Pichardo 
Fernandez, and Rosa Chavez Sihuincha. On October 3, officials from the 
Public Ministry, ombudsman, police, and armed forces found the bodies 
of Canchanya Limache, Maximiliano and Alejandro Pichardo Fernandez, and 
Chavez Sihuincha. By year's end the whereabouts of minors Moises 
Pichardo Pariona and Rosa Linda Pichardo Chavez, who also disappeared 
during the Government operation, remained unknown. The Government 
stated that it had not committed any human rights violations in the 
VRAE and that the military was operating there to eradicate 
narcoterrorism. On October 22, the Office of the Human Rights Ombudsman 
requested that a congressional commission investigate military actions 
in the VRAE. The First Penal Prosecutor of Ayacucho began a preliminary 
investigation that continued at year's end.
    On April 10, Hugo Martinez Mamani of the Office of the Huamanga 
Provincial Prosecutor filed a criminal complaint alleging homicide 
against police officer Carlos Alberto Rodriguez Huamani. During the 
investigation, Rodriguez Huamani acknowledged firing at Emiliano Garcia 
Mendoza and Ruben Pariona Camposano, who participated in a February 19 
agrarian strike in Ayacucho. The investigation continued at year's end.
    On April 16, a court sentenced Juan Hurtado Vasquez to 27 years' 
imprisonment and Nazario Coronel Ramirez to 19 years' imprisonment for 
their roles in the March 2007 killing of journalist Miguel Perez Julca. 
The court also ordered Hurtado Vasquez and Coronel Ramirez to pay 
35,000 soles ($12,500) in restitution to the victims' families.
    There were no developments, and none were expected, regarding the 
September 2007 Public Ministry investigation of 10 police officers for 
the death of one inmate and the beating of another at a police station 
in Jesus Maria, the 2006 security force killings of Alberto Saravia and 
Peter Vasquez Chavez, and the January 2007 penal court proceedings 
against four military officers in relation to the 2004 torture and 
death of Corporal Edgar Ledesma Lopez.
    The Third Special Penal Superior Court continued oral proceedings 
against former intelligence service director Vladimiro Montesinos, 
former armed services chief General Nicolas Hermoza, Colonel Roberto 
Huaman, and Colonel Jesus Zamudio Montesinos for extrajudicial killings 
in the 1997 rescue of 74 hostages at the Japanese ambassador's 
residence.
    On April 8, the First Anticorruption Court sentenced Julio Salazar 
Monroe, former head of the National Intelligence Service, to 35 years' 
imprisonment, and former members of the Grupo Colina detachment Jose 
Gonzales Alarcon, Fernando Lecca Esquen, and Orlando Vera Navarrete 
each to 15 years' imprisonment for aggravated homicide, aggravated 
kidnapping, and forced disappearance in 1992 of nine students and a 
professor at La Cantuta University.
    By year's end former president Alberto Fujimori remained in 
detention pursuant to a December 2007 sentence to six years' 
imprisonment for ordering an illegal search. Fujimori also remained on 
trial on charges that carried prison terms of up to 10 years for 
corruption and 30 years for human rights violations. The most serious 
charges concerned Fujimori's involvement in the 1991 Barrios Altos and 
1992 La Cantuta killings.
    On August 15, the Second Supranational Court requested that charges 
of aggravated homicide of Juan Bardales and the deaths of 33 other 
persons during a prison clash in 1992 be included in the previous 
extradition request of former president Fujimori from Chile.
    On September 8, the First Criminal Superior National Court began 
investigating whether there was enough evidence to charge Ollanta 
Humala with participating in disappearances, torture, and murders in 
1992 at the Madre Mia military base. At year's end there was no further 
information regarding developments in this case.
    On December 15, the Constitutional Tribunal (CT) upheld a lower 
court decision that the statute of limitations had expired regarding 
the investigation of the 1986 El Fronton prison massacre. The lower 
court did not include as a subject of the investigation President Alan 
Garcia, who was president in 1986. Civil society groups asserted that 
the CT's decision did not respect international norms that human rights 
violations have no statute of limitations.
    On August 15, Juan Manuel Rivera-Rondon, implicated in the 1985 
massacre of 69 villagers during a military raid in the village of 
Accomarca, was deported to Peru on charges of aggravated homicide. 
Rivera-Rondon remained in custody awaiting trial in the Third 
Supraprovincial Court. However, Telmo Ricardo Hurtado Hurtado, also 
implicated in the massacre, remained in a foreign country pending the 
outcome of extradition proceedings. In October the nongovernmental 
organization (NGO) Peruvian Forensic Anthropology Team (EPAF) 
identified the remains of six victims of the killings at Accomarca.
    Between May and July EPAF exhumed the remains of more than 100 men, 
women, and children reportedly massacred in 1984 by the military and 
buried in a clandestine mass grave in the village of Putis in the 
department of Ayacucho. Through October EPAF and family members of the 
victims identified clothing belonging to 19 of the victims.
    At year's end the Public Ministry continued investigating a mass 
grave of unknown date, discovered in 2006 in Cusco. The grave contained 
the remains of 80 bodies. The Institute of Legal Medicine, a government 
agency, identified 10 of the exhumed bodies.
    During the year narcotics traffickers and members of the Shining 
Path terrorist organization killed 10 police officers, 17 soldiers, and 
four civilians. Between January and December the Shining Path conducted 
64 terrorist acts in remote coca-growing areas.
    Societal violence outside Lima remained a serious problem, often 
due to a lack of police presence.

    b. Disappearance.--In September government forces operating in the 
VRAE state of emergency zone were responsible for the disappearances of 
several persons (See Section 1.a.).
    There were no developments, and none were expected,
    regarding the Office of the Public Defender's continued 
investigations into approximately 1,000 disappearance cases from 1980 
to 2000, some of which were considered politically motivated.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices. Although there were no 
allegations of systematic torture, there were reports that security 
officials used excessive force. The authorities seldom punished those 
who committed abuses.
    Allegations of abuse most often arose immediately following an 
arrest, when families were prohibited from visiting suspects and when 
attorneys had limited access to detainees. In some cases police and 
security forces allegedly threatened or harassed victims, their 
relatives, and witnesses to prevent them from filing charges of human 
rights violations. According to the NGO Human Rights Commission 
(COMISEDH), some victims were reluctant to pursue judicial proceedings 
for fear that abusers would be released without being charged. COMISEDH 
reported 17 cases of aggravated torture by security forces.
    On February 25, three police officers reportedly raped 26-year-old 
Luis Alberto Rojas Marin in the police station at Casa Grande, 
allegedly because they thought he was a homosexual. On April 11, a 
judge ordered that the three officers be detained in police custody. 
NGOs asserted that this was the first time the Government had arrested 
persons based on hate crimes and human rights abuses related to sexual 
orientation. However, due to protest marches organized by family 
members, magistrates of the La Libertad Regional Judicial Court freed 
the three officers. Due to what it determined to be insufficient 
evidence during the preliminary investigation, the Public Ministry 
closed the case. Rojas' lawyer appealed the decision, and the outcome 
was pending at year's end.
    There were no further developments, and none were expected, 
regarding the Supraprovincial Court of Lima's review in 2007 of the 
alleged police beating in 2005 of Wilmer Cubas Carranza.
    There was no further information, and none was expected, regarding 
the Public Defender's Office investigation into allegations that guards 
beat prisoners after a 2006 riot at La Asuncion Prison in Junin.
    By year's end the Fifth Prosecutor's Office of Callao continued its 
investigation of the alleged beating in 2006 of inmate Samuel David 
Flores Valdivia by Sarita Colonia Prison Director Manuel Vazquez.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh. The National Penitentiary Institute (INPE) operated 56 of the 
country's 85 prisons, and the National Police (PNP) has jurisdiction 
over the rest. Prisoners with money had access to cellular telephones, 
illicit drugs, and meals prepared outside the prison. Conditions were 
poor to extremely harsh in facilities for prisoners who lacked funds. 
Overcrowding, poor sanitation, and inadequate nutrition and health care 
were serious problems. Inmates had intermittent access to running 
water, bathing facilities were inadequate, kitchen facilities were 
unhygienic, and prisoners slept in hallways and common areas for lack 
of cell space. Prisoners had access to illegal drugs, and tuberculosis 
and HIV/AIDS were reportedly at near-epidemic levels. Authorities at 
the San Juan de Lurigancho men's prison held 10,230 prisoners in a 
facility designed for 1,500. On December 10, INPE opened a new women's 
prison, Tarapaca, which reduced substantially overcrowding at the Santa 
Monica prison in Chorrillos.
    Conditions were especially harsh in maximum-security facilities 
located at high altitudes. The high-security prison in the jungle area 
of Iquitos was in poor condition with the physical infrastructure of 
the building near collapse. The prison facility in Maynas was in such 
disrepair that rubble prevented guards from reaching some watchtowers.
    Prison guards and fellow inmates abused prisoners. There were 
deaths of inmates in prisons, most attributed to fellow inmates, but 
some were due to negligence by guards. Guards received little or no 
training or supervision. Corruption was a serious problem, and some 
guards cooperated with criminal bosses who oversaw the smuggling of 
guns and drugs into prisons.
    There were no developments regarding any investigation of the 
October 2007 killing of one inmate by several other prisoners during a 
gun battle with guards at Lima's Miguel Castro Castro Prison.
    Authorities had sentenced only 15,000 of the 45,000 persons held in 
the country's detention facilities. Authorities held detainees 
temporarily in pretrial detention centers located at police stations, 
judiciary buildings, and the Ministry of Justice. In most cases 
authorities held pretrial detainees with convicted prisoners.
    The AntiCorruption Court completed its investigation of Jose Gamboa 
Mendoza, director of the Piedras Gordas Penitentiary, who was taped 
negotiating bribes in 2006. Gamboa remained in prison awaiting trial at 
year's end.
    Anticorruption Judge Rafael Vela Barba ordered Cesar Orozco 
Barrios, director of Piedras Gordas Penitentiary, along with three 
other civil employees, to remain in the country while authorities 
investigated charges that they accepted money from inmates.
    The Government permitted prison visits by independent human rights 
observers. The International Committee of the Red Cross made 54 
unannounced visits to inmates in 30 prisons and detention centers.

    d. Arbitrary Arrest or Detention.--The constitution, criminal code, 
and antiterrorist statutes prohibit arbitrary arrest and detention. The 
law permits police to detain persons for investigative purposes. The 
law requires a written judicial warrant for an arrest unless the 
perpetrator of a crime is caught in the act. Only judges may authorize 
detentions, including in corruption cases. Authorities are required to 
arraign arrested persons within 24 hours, except in cases of terrorism, 
drug trafficking, or espionage, in which arraignment must take place 
within 30 days. Military authorities must turn over persons they detain 
to the police within 24 hours. In remote areas arraignment must take 
place as soon as practicable.

    Role of the Police and Security Apparatus.--The PNP, with a force 
of approximately 91,000, was responsible for all areas of law 
enforcement and internal security and functioned under the authority of 
the Ministry of the Interior. The PNP's personnel structure follows 
that of the military, with an officer corps and enlisted personnel. The 
organizational structure is a mixture of directorates that specialize 
in specific areas (such as kidnapping, counternarcotics, and 
counterterrorism) and local police units. Each department, province, 
city, and town has a PNP presence.
    The armed forces, with approximately 132,000 personnel, are 
responsible under the authority of the Defense Ministry for external 
security but also have limited domestic security responsibilities.
    Observers noted that the PNP was undermanned and suffered from a 
lack of training and professionalism. Corruption and impunity remained 
problems. There were also several reports of military corruption, 
impunity, and resistance to provide information on its personnel under 
investigation for human rights abuses committed during the country's 
internal armed conflict.
    The PNP is charged with witness protection but lacked resources to 
provide training for officers, conceal identities, or offer logistical 
support to witnesses. Officers assigned to witness protection cases 
often brought witnesses into their homes to live.

    Arrest and Detention.--The law requires police to file a report 
with the Public Ministry within 24 hours after an arrest. The Public 
Ministry, in turn, must issue its own assessment of the legality of the 
police action in the arrest. Judges issue warrants based on sufficient 
evidence. The law also provides for the right to prompt judicial 
action. The time between an arrest and an appearance before a judge 
averaged 20 hours. Judges have 24 hours to decide whether to release a 
suspect or continue detention. A functioning bail system exists, but 
many poor defendants lacked the means to post bail. By law detainees 
are allowed access to a lawyer and to family members. The Ministry of 
Justice provided indigent persons with access to an attorney at no 
cost. Persons detained for espionage, drug trafficking, corruption, and 
terrorism may be held for up to 30 days. Police may detain suspected 
terrorists incommunicado for 10 days. The Public Ministry oversees the 
detention centers, which the ombudsman also monitored.
    Lengthy pretrial detention was a problem. According to a study 
prepared by the Technical Secretary of the Special Commission for 
Integral Reform of the Justice System, only 32 percent of the persons 
in prison had been sentenced, with 68 percent awaiting trial, the 
majority for between one and two years. If prisoners are held more than 
18 months without being sentenced-36 months in complex cases-the law 
requires that they be released.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. NGOs complained that the judiciary was 
politicized.
    The three-tier court structure consists of lower courts, superior 
courts, and a Supreme Court of Justice of 30 judges. Supranational 
courts execute judgments made by courts, such as the Inter-American 
Court of Human Rights, outside the domestic judicial system. A seven-
person constitutional tribunal operates independently of the judicial 
branch. The independent and autonomous National Judicial Council (CNM) 
appoints, disciplines, and evaluates all judges and prosecutors who 
have served in their position for at least seven years (excluding those 
chosen by popular election). Lack of certification from the CNM 
permanently disqualifies a judge or prosecutor.
    The military justice system provided the same rights as civilian 
courts. Under the military justice system, judges in the lower courts 
must pass judgment and sentence within 10 days of the opening of trial. 
Defendants can appeal convictions to the Superior Military Council, 
which has 10 days to issue a decision. A final appeal may be made to 
the Supreme Council of Military Justice, which must issue a ruling 
within five days. At the Superior Military Council and Supreme Council 
levels, a significant number of judges were active-duty officers with 
little or no professional legal training.
    The Terrorism Court, in accordance with decisions of both the 
Inter-American Court of Human Rights and the Constitutional Tribunal, 
continued to retry defendants previously convicted by military 
tribunals. The courts found 10 persons guilty and absolved 95 persons 
in terrorism cases. Approximately 232 terrorism cases remained pending 
at year's end.
    The National Penal Court continued investigating cases involving 
allegations of human rights abuses by security forces during the war 
against the Shining Path in the 1980s and 1990s. The court still had 
some cases referred by the Truth and Reconciliation Commission, but 
only a few involved active investigations.

    Trial Procedures.--The justice system is based on the Napoleonic 
Code. The prosecutor investigates cases and submits an opinion to a 
first instance judge, who determines if sufficient evidence exists to 
open legal proceedings. The judge conducts an investigation, evaluates 
facts, determines guilt or innocence, and issues a sentence. All 
defendants are presumed innocent; they have the right to be present at 
trial, to call witnesses, and to be represented by counsel, although in 
practice the public defender system often failed to provide indigent 
defendants with qualified attorneys. Although citizens have the right 
to be tried in their own language, language services for non-Spanish-
speakers were sometimes unavailable. Defendants may appeal verdicts to 
the superior court and then to the Supreme Court of Justice. The 
Constitutional Court decides cases involving such issues as habeas 
corpus.

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

    Civil Judicial Procedures and Remedies.--The country has an 
independent judiciary that enables citizens to bring lawsuits for 
violations of their rights; however, court cases often dragged on for 
years, making it difficult for some plaintiffs, particularly those of 
limited economic means, to pursue legal redress. Press reports, NGOs, 
and others alleged that judges frequently were subject to corruption or 
influence by powerful outside actors.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence
    The law prohibits such actions, and the Government generally 
respected these prohibitions. There were reports, however, that 
authorities sometimes entered private dwellings before obtaining a 
warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press. Although the Government generally 
respected these rights in practice, some civil society, media, and 
political opposition groups expressed concern about whether citizens 
could criticize the Government. There was widespread harassment of the 
press by provincial authorities, the police, and private groups, such 
as coca growers. Harassment took the form of attacks on journalists, 
illegal arrests, and threats.
    The independent media were active and expressed a variety of views. 
All media outlets were privately owned except for one government owned 
daily newspaper, two television networks, and one radio station.
    A number of journalists and media outlets experienced intimidation. 
The National Journalists Association reported 177 cases of harassment, 
and the Institute of Press and Society issued 105 alerts. Most 
incidents took the form of violent attacks, threats, judicial pressure, 
illegal arrests, and theft of broadcasting equipment and journalists' 
files. Some cases were attributable to a lack of an effective 
government presence in some parts of the country. Municipal and 
regional government authorities reportedly harassed reporters in 
approximately 14 incidents.
    By year's end there were no new developments regarding the legal 
proceedings initiated in January 2007 by Lima municipality officials 
Jose Luis Zafra and Mazzi Soto against radio journalist Elizabeth 
Salinas and magazine photographer Cinthia Flores in relation to their 
investigation of the administration of Mayor Luis Castaneda.
    Between September 9 and 14, unknown actors made death threats by 
telephone against journalist Americo Zambrano of Caretas magazine's 
investigative unit. On September 11, Zambrano had reported information 
about a series of complaints between Army Commander in Chief Edwin 
Donayre and other army leaders.
    Mary Perez of radio La Voz de la Selva reported that throughout the 
year, unknown actors threatened her by telephone after her station 
reported that the Loreto regional government had made irregular 
purchases of equipment. By year's end there was no information 
regarding any investigation of the alleged threats.

    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 free 
expression of views via the Internet, including by e-mail. The chief 
impediment to Internet access was a lack of infrastructure. The 
International Telecommunication Union reported that there were 27 users 
of the Internet per 100 inhabitants.

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of freedom of 
assembly, and the Government generally respected this right in 
practice. The Government maintained emergency zones and suspended the 
freedom of assembly and other freedoms in coca growing areas, where the 
Shining Path operated. The emergency zones were located in several 
provinces in Ayacucho, Huancavelica, Cusco, and Junin departments. The 
law does not require a permit for public demonstrations, but organizers 
must inform the Interior Ministry's political authority (prefect) about 
the type of demonstration and its location. Demonstrations may be 
prohibited for reasons of public safety or health. The police used tear 
gas and occasional force to disperse protesters in various 
demonstrations. Although most demonstrations were peaceful, protests in 
some areas turned violent.

    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 constitution establishes separation of church and state, but 
laws favoring the Roman Catholic Church remained in force. The Catholic 
Church and clergy received preferential treatment in education, tax 
benefits, and other areas. The law provides that the military may hire 
only Catholic clergy as chaplains, and Catholicism is the only 
recognized religion for military personnel. The Ministry of Education 
requires that Catholic religion courses be taught in all public and 
private primary and secondary schools; however, many non-Catholic 
private schools were granted exemptions. Additionally, parents may 
request an exemption by writing to the school principal.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses, discrimination, or anti-Semitic acts. There were 
approximately 4,000 members of 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 law provides for the right of 
free movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government maintained emergency zones where it restricted 
freedom of movement in several provinces (See Section 2.b.).
    The Government stated that it implemented the state of emergency to 
maintain public peace and restore internal order. NGOs commented that 
the Government had not adequately ensured that military personnel 
operating in the emergency zones were not using excessive force against 
civilians.
    Narcotics traffickers and the Shining Path at times interrupted the 
free movement of persons by establishing roadblocks in sections of the 
Upper Huallaga and VRAE. Occasionally protesters blocked roads to draw 
public attention to grievances.
    The law prohibits forced internal and external 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. Laws allow individuals to apply for 
refugee status or asylum.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees and recognized the Catholic Migration 
Commission (CMC) as the official provider of technical assistance to 
refugees. The CMC also advised citizens who feared persecution and 
sought asylum abroad. The Government provided protection to refugees on 
a renewable, year-to-year basis, in accordance with CMC 
recommendations. The CMC granted refugee status to 83 persons.

    Stateless Persons.--Citizenship is derived either by one's birth 
within the territory or from one's parents' citizenship. Parents must 
register their child's birth in order for the child to obtain 
citizenship. The law provides all citizens with the right to a name, 
nationality, and legal recognition and guarantees other civil, 
political, economic, and social rights. More than one million citizens, 
however, lacked identity documents and could not fully exercise these 
rights. An estimated 15 percent of births were unregistered. Poor 
indigenous women and children in rural areas were disproportionately 
represented among those lacking identity documents. Undocumented 
citizens faced social and political marginalization and barriers in 
accessing government services, including running for public office or 
holding title to land.
    Obtaining a National Identity Document requires a birth 
certificate, but many births in rural areas occurred at home. In an 
effort to lower infant mortality rates, the Ministry of Health fined 
women who did not give birth in clinics or hospitals. Poor women often 
could not pay the fines and could not register their children 
retroactively.
    The ombudsman investigated complaints about the unlawful practice 
of charging fees to issue identity documents and facilitated refunds 
when such fees had been paid. The ombudsman also helped citizens obtain 
documents quickly.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides for the right of citizens to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
mandatory voting and universal suffrage.

    Elections and Political Participation.--In 2006 Alan Garcia Perez 
assumed the presidency after two rounds of presidential elections that 
were considered free and fair. In the 2006 general elections, the 
president's APRA party won 36 seats (second to the Union for Peru 
Party's 45 seats) in the 120-seat unicameral Congress.
    Nationwide municipal elections were held in 2006. Domestic and 
international observer delegations declared the elections to be fair 
and transparent, despite a few localized incidents of violence.
    Political parties operated without restriction or outside 
interference. Registration of a new political party requires the 
signature of 1 percent of the voters who participated in the past 
election. Presidential and congressional terms are five years, and the 
law prohibits the immediate reelection of a president. Groups that 
advocate the violent overthrow of government are barred from 
participating in the political process.
    There were 32 women in the 120-member Congress. There were five 
women in the cabinet and four women on the Supreme Court. The Law on 
Political Parties mandates that at least 30 percent of candidates on 
the party lists be women. While parties abided by the legislation, many 
women candidates were included at the bottom of the party lists, 
reducing their likelihood of winning seats on regional and municipal 
councils.
    There were 23 Quechua and two Aymara speakers in Congress. There 
was one member of the Afro-Peruvian minority in Congress.

    Government Corruption and Transparency.--The law criminalizes 
official corruption; however, the Government did not implement the law 
effectively. There was a widespread public perception that corruption 
was pervasive in all branches of government.
    On August 22, the Sixth Special Criminal Chamber of the Supreme 
Court sentenced to eight years' imprisonment former air force 
comptroller Hernan de Souza Peixoto Zumaeta for fraud, embezzlement, 
and breach of the public trust.
    On October 5, unknown actors publicly released audiotapes of 
conversations suggesting government corruption associated with oil 
concessions. Authorities arrested former minister Romulo Leon Alegria 
and Alberto Quimper Herrera of Perupetro in connection with the 
scandal. At year's end the judiciary and legislature continued an 
investigation regarding the scandal.
    In August the Government decommissioned the National Office of 
Anticorruption and transferred its responsibilities to the comptroller.
    Extradited former president Alberto Fujimori continued to face an 
array of charges, including corruption. Public officials are subject to 
financial disclosure laws; government agencies responsible for 
combating government corruption are the General Comptroller's Office 
and the Office of Anticorruption.
    The law provides for public access to government information, and 
most ministries and central offices provided key information on Web 
sites. Implementation of the law was incomplete, particularly in rural 
areas, where few citizens exercised or understood their right to 
information. The ombudsman encouraged regional governments to adopt 
more transparent practices for releasing information and monitored the 
compliance of regional governments with a law that requires public 
hearings at least twice a year.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The country's civil society was vibrant and active. A large number 
of domestic and international human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials generally were 
cooperative and responsive to their views.
    Some NGOs reported that the Government had used the Peruvian Agency 
for International Cooperation, the governing body of international 
technical cooperation, to audit repeatedly their records, which they 
believed constituted harassment. In April President Garcia publicly 
criticized the NGO Association for Human Rights for recommending that 
the EU parliament drop the Moviemiento Revolucionario Tupac Amaru 
(MRTA) from its list of active terrorist organizations.
    In June unknown actors broke into the Ayacucho office of the human 
rights group EPAF and vandalized electronic and telephone equipment. On 
October 11, unknown actors inserted a virus via Internet into EPAF's 
computer equipment that destroyed several documents, including the 
group's reports regarding the Putis massacre site. Throughout the year 
EPAF had been conducting exhumations and other forensic work to 
identify victims of forced disappearances reportedly committed by the 
military, the Shining Path, and MRTA. There were no reports of any 
police investigation regarding the vandalism of EPAF's property.
    According to COMISEDH, military commanders continued to deny human 
rights observers access to military facilities. To obtain information 
about activities in those areas, NGOs had to work through the 
ombudsman's office.
    The Council for Reparations, a government entity, continued 
assisting persons who suffered during the conflict with Shining Path 
between 1980 and 2000 and compiled a registry of victims, both 
individuals and communities. The council registry included 20,808 
individuals and 3,634 communities eligible for reparations benefits. A 
number of victims and family members lacking proper identity documents 
had difficulties registering for eligibility for the reparations 
program.
    The Office of the Human Rights Ombudsman operated without 
government or party interference and was considered effective. The 
ombudsmen lacked adequate resources. During the year the office issued 
10 reports recommending that the Government strengthen investigations 
of all human rights cases and abolish fees associated with 
matriculation in public schools.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, but enforcement lagged and discrimination 
against women, persons with disabilities, indigenous people, and racial 
and ethnic minorities persisted.

    Women.--Violence against women and girls, including rape, spousal 
abuse, and sexual, physical, and mental abuse was a problem. 
Insensitivity on the part of law enforcement and judicial authorities 
toward female victims contributed to a societal attitude of 
permissiveness toward abuse. The Ministry of Women and Social 
Development reported that four of every 10 women were victims of 
domestic violence.
    The law criminalizes rape, including spousal rape, but enforcement 
was not effective. There were no reports on the numbers of abusers 
prosecuted, convicted, or punished.
    The law prohibits domestic violence, and penalties range from one 
month to six years in prison. The law authorizes judges and prosecutors 
to prevent the convicted spouse or parent from returning to the 
family's home and authorizes the victim's relatives and unrelated 
persons living in the home to file complaints of domestic violence. It 
also allows health professionals to document injuries. The law requires 
police investigation of domestic violence to take place within five 
days and obliges authorities to extend protection to women and children 
who are victims of domestic violence.
    The Ministry of Women and Social Development (MIMDES) operated 88 
women's emergency assistance centers. There was no information 
available regarding the number of domestic violence cases the centers 
handled. MIMDES also operated a toll-free hot line, which handled 
requests for assistance regarding family disturbances.
    Many domestic abuse cases went unreported, and NGOs stated that the 
majority of reported cases did not result in formal charges because of 
fear of retaliation or the expense of filing a complaint. The 
protections offered were limited because of legal delays, ambiguities 
in the law, and the lack of shelters for victims. MIMDES operated the 
Women's Emergency Program, which sought to address the legal, 
psychological, and medical problems facing victims of domestic 
violence. MIMDES operated centers that brought together police, 
prosecutors, counselors, and public welfare agents to help victims of 
domestic abuse.
    MIMDES continued efforts to sensitize government employees and the 
citizenry to domestic violence, but the ombudsman continued to complain 
that police officers reacted indifferently to charges of domestic 
violence, despite legal requirements to investigate the complaints.
    Prostitution is legal for women over 18 years of age if they 
register with municipal authorities and carry a health certificate. The 
vast majority of prostitutes worked in the informal sector, where they 
lacked health protection. NGOs reported that traffickers lured 
increasing numbers of underage women into prostitution. Penalties for 
pimps and clients of underage prostitutes range from four to eight 
years in prison. There was no information on the number of cases 
reported, prosecuted, or convicted.
    Sexual harassment was a problem. The law defines sexual harassment 
as a labor rights violation subject to administrative punishment. 
Punishments differ depending on the professional situation where the 
violation took place. Government enforcement was minimally effective.
    The law provides for equality between men and women and prohibits 
discrimination against women with regard to marriage, divorce, and 
property rights, and women from the upper and upper-middle classes 
assumed leadership roles in companies and government agencies. The law 
prohibits racial and sexual discrimination in employment or educational 
advertisements and the arbitrary dismissal of pregnant women. In 
practice discrimination continued.
    The law stipulates that women should receive equal pay for equal 
work. However, societal prejudice and discrimination led to 
disproportionate poverty and unemployment rates for women. On average, 
women were paid 46 percent less than men; usually worked in less secure 
occupations as maids, in factories, or as street vendors; and were more 
likely to be illiterate due to lack of formal education.

    Children.--The Government was committed to the welfare and rights 
of children.
    There were problems with government registration of births (See 
Section 2.d.).
    Violence against children and the sexual abuse of children were 
serious problems. MIMDES reported 845 cases of violence or sexual abuse 
of children five years of age and under and 1,909 cases of abuse of 
children ages six to 11. Many abuse cases went unreported because 
societal norms viewed such abuse as a family problem that should be 
resolved privately. The Women's Emergency Program worked to help 
children who were victims of violence. The country was a destination 
for child sex tourism, with Cusco and Iquitos as the principal 
locations.
    MIMDES' Children's Bureau coordinated government policies and 
programs for children and adolescents. At the grassroots level, 1,350 
children's rights and welfare protection offices resolved complaints 
ranging from physical and sexual abuse of children to abandonment and 
failure to pay child support. Provincial or district governments 
operated approximately 50 percent of these offices, while schools, 
churches, and NGOs ran the others. Law students staffed most of the 
units, particularly in rural districts. When these offices could not 
resolve disputes, officials usually referred cases to the local 
prosecutors' offices of the Public Ministry, whose adjudications were 
legally binding and had the same force as judgments entered by a court 
of law.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, 
through, or within the country.
    The country was a source, transit point, and destination for 
trafficked persons. Internal trafficking was the major trafficking 
problem in the country. No authoritative estimates existed on the 
extent of international trafficking, but evidence indicated that 
persons were trafficked to Spain and particularly to Japan through 
organized criminal networks. During the year there were reports that 
victims were trafficked into the country from Ecuador and Bolivia.
    The Government, NGOs, and international organizations reported that 
significant domestic trafficking occurred, particularly in districts 
located in the Andes or the Amazon jungle, to bring underage girls into 
cities or mining areas to work as prostitutes or domestic servants. The 
purposes of trafficking included sexual and labor exploitation. The 
principal victims and groups at high risk for trafficking were children 
and young women from rural or poor urban areas, persons living in 
poverty, persons with disabilities, victims of domestic abuse, 
illiterate persons, and persons lacking birth certificates or other 
identification documents. There were reports that infants and children 
were sold to traffickers who used them for begging activities.
    Traffickers' methods often combined emotional manipulation and 
coercion. Victims were recruited by friends or acquaintances and 
through newspaper and Internet advertisements or street posters 
offering employment. Some victims were recruited by local employment 
agencies that offered poor young women from rural areas relatively 
well-paid ``restaurant work'' in Lima, Cusco, major coastal cities, and 
abroad. NGOs reported that the principal traffickers were local crime 
groups, parents of victims, and informal networks involving 
acquaintances or extended family members. Traffickers usually 
transported their victims by road, while a smaller percentage traveled 
by air or river. The families of the victims wittingly or unwittingly 
facilitated the trafficking by trusting a ``friend'' or a distant 
relative who promised the victim a job.
    The law provides penalties from eight to 15 years' imprisonment for 
those who move a person, either within the country or to an area 
outside the country, for the purposes of sexual exploitation (including 
prostitution, sexual slavery, or pornography). If the victim is under 
18 years old, the punishment is 12 to 20 years' imprisonment. Laws 
prohibiting kidnapping, sexual abuse, and illegal employment of minors 
also were enforced and used to punish those who trafficked persons. The 
law was not effectively enforced.
    On December 1, the Government enacted a new antitrafficking law 
that provides for improved law enforcement in prevention, protection, 
and prosecution of trafficking cases.
    The PNP's Trafficking Investigation Unit raided clandestine 
brothels, rescued a number of young women, and returned victims to 
their families. The raids resulted in few arrests for trafficking 
crimes. Authorities charged most persons with pimping and related 
crimes. The PNP's trafficking unit reported investigating 30 cases, 
rescuing 56 victims, and arresting 15 alleged traffickers.
    On June 13, authorities arrested Paulina Grajeda Salazar in Cuzco 
for labor and sexual exploitation of minors. The victims were 
transported from the city of Iquitos to work at her three nightclubs in 
Cuzco. At year's end there was no further information regarding 
developments in this case.
    On December 14, authorities captured and charged Teobaldo Saavedra 
Chamba, the owner of a bar in Sullana, with sexual exploitation of 
minors. At year's end there was no further information regarding 
developments in this case.
    On December 15, authorities in Piura arrested Segundo Yoel Merino 
Sanchez, the owner of a tourist restaurant in Sullana. Authorities 
charged him with exploitation of minors. At year's end there was no 
further information regarding developments in this case.
    There were no new developments regarding the August 2007 arrest of 
Leydi Elisa Machaca Coaquira and Norma Gomez Gomez on charges of 
trafficking in persons for kidnapping and forcing a girl to work for 
three years in Puno.
    By year's end the case of Carlos Arturo Yong Chong, whom 
authorities arrested in 2006 for trafficking infants to France, was at 
the trial stage.
    In September the Directorate of Criminal Investigation of the PNP, 
in coordination with the National Permanent Commission on Human Rights, 
the Office of Social Communication of the Ministry of the Interior, and 
the Office of the UN Against Drugs and Crime, conducted an information 
and prevention campaign on human trafficking that included posters with 
a telephone number to report crimes.
    The Government coordinated with NGOs to protect and assist victims. 
A Catholic order, the Sisters of Adoration, operated three programs for 
underage female prostitutes: a live-in center for approximately 75 
girls and 20 children of the victims in Callao and two drop-in centers 
in Lima and Chiclayo. All facilities offered medical attention, job 
training, and self-esteem workshops designed to keep underage girls 
from the streets. The Government provided the building in Callao and 
paid for upkeep, utilities, and food.
    The Ministry of Interior's Office of Human Rights maintained a 
toll-free trafficking hot line. The hot line staff received support 
from the International Organization for Migration, which assisted in 
informational campaigns and training government officials in 
trafficking issues. The Ministry of Foreign Affairs produced and 
distributed antitrafficking materials to domestic passport offices and 
overseas consular posts.
    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 provides for their protection, 
care, rehabilitation, and security. The law also mandates that public 
spaces be free of barriers and accessible to persons with disabilities. 
The law provides for the appointment of a disability rights specialist 
in the ombudsman's office; the Government, however, devoted limited 
resources to enforcement and training, and many persons with physical 
disabilities remained economically and socially marginalized. The 
Government made little effort to ensure access to public buildings. 
There were no interpreters for the deaf in government offices and no 
access to recordings or braille for the blind.
    The Government failed to enforce laws providing that the state is 
responsible for safeguarding and attending to persons with mental 
health problems in situations of social abandonment. The number of 
medical personnel in psychiatric institutions was insufficient; in some 
cases patients cared for each other. The NGOs Mental Disability Rights 
International and the Association for Human Rights reported that the 
Government did not protect adequately the rights of persons with mental 
illnesses, including inhuman treatment of institutionalized patients, 
discrimination in the provision of health and social services, and 
failure to ensure informed consent.
    MIMDES' National Council of the Person with Disabilities (CONADIS) 
is responsible for protecting the rights of persons with disabilities. 
On October 23, CONADIS signed an agreement with the NGO Sense 
International to provide educational, vocational, and training services 
for meeting the needs of deaf and blind persons, foster increased 
public awareness, and integrate deaf and blind persons into society. 
CONADIS also donated wheelchairs to persons with disabilities.

    National/Racial/Ethnic Minorities.--The law provides all citizens 
equality before the law and forbids discrimination on the basis of 
race, national origin, or language.
    The population includes large minorities of persons of Asian and 
African descent. Afro-Peruvians, who were among the poorest groups in 
the country, faced discrimination and social prejudice. Afro-Peruvians 
generally did not hold leadership positions in government, business, or 
the military. Few Afro-Peruvians served as officers in either the navy 
or the air force. Although the law prohibits mentioning race in job 
advertisements, NGOs alleged that employers often found ways to refuse 
Afro-Peruvians jobs or relegate them to low-paying service positions. 
Employers often required applicants to submit photos. The media often 
portrayed Afro-Peruvians as stereotypes.

    Indigenous People.--The law prohibits discrimination based on race 
and provides for the right of all citizens to speak their native 
language. Spanish and Quechua are the official languages; the 
Government also recognizes 49 other indigenous languages. The 
Government did not provide sufficient resources to protect effectively 
the civil and political rights of indigenous persons.
    Most indigenous persons and those with indigenous features faced 
societal discrimination and prejudice. They were often the victims of 
derogatory comments and subjected to illegal discrimination in 
restaurants and clubs.
    Language barriers and inadequate infrastructure in indigenous 
communities impeded the full participation of indigenous persons in the 
political process. Many indigenous persons lacked identity documents 
and could not exercise basic rights.
    The geographic isolation of highland and Amazon jungle communities 
contributed to their social, economic, and political marginalization. 
The UN Children's Fund reported that indigenous persons in rural areas 
often did not have access to public services, particularly health care 
and education. Ninety percent lived in poverty, and only 39 percent had 
completed primary school. Child mortality rates were higher in 
indigenous areas, and only 20 percent of births took place in public 
health centers.
    While the constitution recognizes that indigenous persons have the 
right to communal land ownership, indigenous groups often lacked legal 
title to demarcate the boundaries of their lands, making it difficult 
to resist encroachment by outsiders. By law local communities retain 
the right of unassignability to prevent the reassignment of indigenous 
land titles to nonindigenous tenants. However, some members of 
indigenous communities sold land to outsiders without the consent of 
the majority of their community. Mineral or other subsoil rights belong 
to the state, a situation that often caused conflict between mining 
interests and indigenous communities. The International Labor 
Organization (ILO) Committee of Experts 2008 (ILO COE) observations 
asked the Government to provide information on measures adopted, in 
consultation with and the participation of indigenous persons, to 
determine to what extent indigenous community interests would be 
affected before undertaking or authorizing programs for prospecting or 
utilizing subsurface natural resources in indigenous lands and 
territories.
    On August 9, indigenous communities in the provinces of Loreto, 
Cusco, and Amazonas blocked roads, surrounded hydrocarbon 
installations, and threatened to halt the flow of energy resources in a 
move to protect indigenous lands against alleged incursions by outside 
investors. The protesters demanded that the Government annul decrees 
that reduced from two-thirds to a simple majority of local community 
members required to approve changes in communal land ownership. In 
response to the protests, the Government declared a state of emergency 
in the three provinces. On August 22, Congress overturned the decrees.
    The constitution provides that all citizens have the right to use 
their own language before any authority by means of an interpreter. In 
Congress native speakers of Quechua conducted some debate in Quechua 
(translators were available for non-Quechua speakers). The National 
Program of Mobilization for Literacy continued teaching basic literacy 
and mathematics to poor men and women throughout the country.
    In May MIMDES restored the status of the National Institute of 
Development of Andean, Amazonian, and Afro-Peruvians (INDEPA) as an 
autonomous government entity. INDEPA's board had 23 members including 
four Andean, three Amazonian, and two Afro-Peruvian representatives 
elected by popular vote in their respective communities. INDEPA's 
mission is to formulate and adopt national development policies, 
programs, and projects for Andean, Amazonian, and Afro-Peruvian 
communities. During the year INDEPA lacked a separate budget and was 
ineffective.

    Other Societal Abuses and Discrimination.--Homosexuals and persons 
with HIV/AIDS faced extensive discrimination and harassment. The 
Ministry of the Interior Handbook of Human Rights Applied to the Civil 
Police stipulates that police must respect human rights, especially of 
the most vulnerable groups, and refers explicitly to the human rights 
of lesbians, gays, and transvestites. The Ministry of Health (MINSA) 
implemented policies to combat discrimination based on sexual 
orientation.
    MINSA executed policies to combat discrimination based on HIV/AIDS 
status, including a four-year strategic plan to prevent and control 
HIV/AIDS. On December 1, as part of ``World Day to Combat AIDS,'' MINSA 
and the Office of the Multinational Coordinator of Health gave free 
antiretroviral treatment to 12,500 persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
association. Regulations allow workers to form unions on the basis of 
their occupation, employer affiliation, or geographic territory. 
Workers are not required to seek authorization prior to forming a trade 
union, and employers cannot prevent employment because of union 
membership. Judges, prosecutors, and members of the police and military 
are not permitted to form or join unions. More than 70 percent of the 
13 million-member labor force worked in the informal sector. The 
Ministry of Labor (MOL) reported that approximately 7 percent of the 
labor force was unionized.
    Many businesses hired temporary or contract workers who were 
legally not permitted to participate in those firms' unions. Although 
the law forbids businesses from hiring temporary workers to perform 
core company work functions, employers circumvented these restrictions 
in a number of ways. On June 24, however, the Government enacted a new 
law governing subcontracting that requires businesses to monitor their 
contractors and imposes liability on businesses for the actions of 
their contractors.
    Businesses in export processing zones (EPZs) had more flexibility 
under the law in hiring temporary labor.
    The constitution provides for the right to strike but aims to 
balance this right with broader economic objectives. Unions in 
essential public services, as determined by the Government, must 
provide a sufficient number of workers during a strike to maintain 
operations. The law bans government unions in essential public services 
from striking. It also requires strikers to notify the MOL before 
carrying out a job action.
    Between January and September the Government declared legal three 
out of 53 strikes. According to labor leaders, permission to strike was 
difficult to obtain, in part because the ministry feared harming the 
economy. The MOL justified its decisions by citing unions' failure to 
fulfill the legal requirements necessary to strike.
    Between February 18 and 21, a nationwide farmers' strike protesting 
price increases in cooking oil and other basic food products resulted 
in the deaths of four persons, the arrest of 150 others, and a state of 
emergency in eight provinces.

    b. The Right to Organize and Bargain Collectively.--The law 
recognizes the right of public and private sector workers to organize 
and bargain collectively but specifies that this right must be 
exercised in harmony with broader social objectives. A union must 
represent at least 20 workers to become an official collective 
bargaining agent. Union representatives have the right to participate 
in collective bargaining negotiations and establish negotiating 
timetables.
    Although a conciliation and arbitration system exists, union 
officials complained that the high cost of arbitration made it 
difficult to use.
    The law prohibits antiunion discrimination and other forms of 
employer intimidation, and workers fired for union activity have the 
right to reinstatement. However, the Government did not effectively 
enforce the law, and employers engaged in antiunion practices.
    There were no recognized unions, special laws or exemptions from 
regular labor laws in the four EPZs. All labor in the EPZs was 
subcontracted.
    Prohibition of Forced or Compulsory Labor
    The law prohibits forced or compulsory labor, including labor by 
children; however, there were reports that such practices occurred.
    The ILO estimated that between 20,000 and 40,000 persons worked as 
forced laborers, primarily in the logging industry in the Amazon 
region. The ILO COE 2008 observations requested that the Government act 
to combat effectively persistent forced labor practices, including 
slavery and debt bondage, affecting many workers from indigenous 
communities in Atalaya and other provinces. The ILO COE identified 
specifically indigenous workers subjected by landowners to debt bondage 
in stock-raising and timber estates. Although the Government reported 
that it had not received any complaints or issued any penalties 
regarding forced labor, the ILO COE observed that the absence of 
penalties indicated the incapacity of the judicial system to prosecute 
and penalize those responsible. The ILO COE asked the Government to 
provide information on progress to investigate, prosecute, and achieve 
convictions for forced labor cases. The MOL reported that approximately 
5,000 children worked as forced laborers in producing coca. Another 
undetermined number of children worked as forced laborers in gold 
mining.
    During the year the MOL trained its first group of labor inspectors 
to specialize in combating forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--Laws 
exist to protect children from exploitation in the workplace and 
prohibit forced or compulsory labor. In practice child labor remained a 
serious problem, and the laws were violated routinely in the informal 
sector. The ILO estimated that during the year there were approximately 
two million working children in the country. Child labor was a serious 
problem in gold mining, stone extraction, timber production, brick 
manufacturing, and coca and Brazil nut production.
    The legal minimum age for employment is 14. However, children 
between the ages of 12 and 14 may work in certain jobs for up to four 
hours per day, and adolescents between ages 15 and 17 may work up to 
six hours per day if they obtain special permission from the MOL and 
certify that they are attending school. In certain sectors of the 
economy, higher minimums were in force: age 15 in industrial, 
commercial, or mining and age 16 in fishing. The law prohibits children 
from engaging in certain types of employment, such as working 
underground, lifting or carrying heavy weights, accepting 
responsibility for the safety of others, or working at night. The law 
prohibits work that jeopardizes the health of children and adolescents, 
puts their physical, mental, and emotional development at risk or 
prevents regular attendance at school.
    The MOL's Office of Labor Protection for Minors may issue permits 
authorizing persons under age 18 to work legally, and between January 
and August granted 851 such permits, the majority of which went to 
children between ages 16 and 17. Parents must apply for the permits, 
and employers must have a permit on file to hire a child.
    The Government identified stone extraction, coca production, and 
brick making as among the worst forms of child labor. The MOL estimated 
that the 5,000 forced child laborers in coca production collected 
leaves, and handled and mixed by hand and foot dangerous chemicals for 
cocaine processing.
    The MOL is responsible for enforcing child labor laws, and its 
inspectors may investigate reports of illegal child labor. The ministry 
stated that inspectors conducted routine visits without notice to areas 
where persons or organizations reported child labor problems. The 
Government reported that it fined and suspended operations of firms 
found violating labor laws.
    Inspectors maintained contact with a wide variety of local NGOs, 
church officials, law enforcement officials, and school officials. 
There were 406 labor inspectors, with 315 working in Lima, whose 
inspections focused on the formal sector. In May authorities 
transferred 88 of the 315 inspectors in Lima to regional offices 
throughout the country.
    The Office of the Ombudsman for Children and Adolescents (DEMUNA) 
worked with the MOL to document complaints regarding violations of 
child labor laws. There were more than 1,000 DEMUNA offices in 
municipalities throughout the country. DEMUNA also operated a 
decentralized child labor reporting and tracking system. MIMDES 
administered a program that sent specialized teachers to the streets to 
provide education and support to minors involved in begging and other 
kinds of work.
    The National Intersectoral Commission for the Eradication of Forced 
Labor, a government entity, operated a program in Huachipa that 
targeted 150 children and adolescents working in brick making and other 
industries. The program provided information to raise awareness within 
the community about child labor, education for child workers, and 
assistance to parents to develop skills to find alternative employment.

    e. Acceptable Conditions of Work.--The law states that workers 
should receive a just and sufficient wage determined by the Government 
in consultation with labor and business representatives, as well as 
adequate protection against arbitrary dismissal. The statutory monthly 
minimum wage is 550 soles ($176), which did not provide a decent 
standard of living for many families. The Government estimated the 
poverty line to be approximately 207 soles ($65) a month per person, a 
figure that varied by region. The MOL enforced the minimum wage only in 
the formal sector, which employed approximately 20 percent of the labor 
force, and many workers in the unregulated informal sector, most of 
whom were self-employed, received less.
    Employers frequently required long hours from domestics and paid 
wages as low as 75 to 105 soles ($20 to $30) per month. The law 
provides for a 48-hour workweek and one day of rest and requires 
companies to pay overtime for more than eight hours of work per day and 
additional compensation for work at night. Labor, business, and the 
Government reported that the majority of companies in the formal sector 
complied with the law, and that these standards were enforced.
    Occupational health and safety standards exist. Nevertheless, the 
Government often did not devote sufficient personnel, technical, and 
financial resources to enforce compliance with labor laws. Labor 
sources claimed that many inspectors were forced to pay for 
transportation to sites and were often harassed or refused entry by 
businesses. Many fines went uncollected, in part because the MOL lacked 
an efficient tracking system. The ILO COE's 2008 observations noted 
numerous problems confronting the labor inspectorate, including lack of 
support and commitment by public authorities. The ILO COE requested 
that the Government ensure that labor inspectors were empowered to 
enter freely workplaces for inspection without having to give prior 
notice to employers.
    The MOL reported that between January and October its inspectors 
conducted 99,363 visits to work sites (compared with 29,449 visits in 
2007) and levied 6,212 fines, including 715 for health and safety 
violations.
    In cases of industrial accidents, an agreement between the employer 
and worker usually determined compensation. The worker did not need to 
prove an employer's culpability in order to obtain compensation for 
work-related injuries. No provisions exist for workers to remove 
themselves from potentially dangerous situations without jeopardizing 
employment.

                               __________

                         SAINT KITTS AND NEVIS

    Saint Kitts and Nevis is a multiparty, parliamentary democracy and 
federation, with a population of approximately 39,200. In 2004 national 
elections, Prime Minister Denzil Douglas's Saint Kitts and Nevis Labour 
Party (SKNLP) won seven seats in the 11-seat legislature. International 
observers concluded that the election was credible and that the result 
reflected the will of the voters but noted weaknesses in the electoral 
process. The constitution provides the smaller island of Nevis 
considerable self-government under a premier, as well as the right to 
secede from the federation in accordance with certain enumerated 
procedures. In 2006 voters in Nevis elected Joseph Parry of the Nevis 
Reformation Party (NRP) as premier. Civilian authorities generally 
maintained effective control of the security forces.
    Although the Government generally respected the human rights of its 
citizens, problems included use of excessive force by police, poor 
prison conditions, corruption, and 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.
    Following a coroner's inquest, no police officers were charged with 
the March 2007 police killing of Philmore ``Kiddy'' Seaton. Security 
force private Louis Richards was charged and convicted of manslaughter 
for the August 2007 killing of Clyde Williams.
    No police officers or security force members were charged in the 
October 2006 police killing of Nigel Langley Sweeney, in the 2005 
police killing of escaped prisoner Rechalieu Henry, or the 2005 police 
killing of Garnet Tyson in Nevis.

    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. However, due to an 
increasing number of violent incidents involving police, law 
enforcement officials came under increased scrutiny, and in June the 
Sun newspaper reported that citizens were becoming increasingly afraid 
of reporting crime because of the heavy-handedness with which police 
carry out their duties. Corporal punishment is legal and an accepted 
measure for juveniles in schools and the justice system. A court can 
order that an accused person receive lashes if found guilty.
    On January 18, after an altercation with two other men, police shot 
and injured Devon Albertine, who was carrying a machete used to sell 
coconuts on the streets. The police attempted to disarm him; however, 
Albertine wrestled his machete away from police and began to walk away. 
Defense Force solders arrived and shot Albertine twice while he was 
attempting to leave the area. Authorities charged Albertine with 
assault and use of threatening language.
    On January 29, police, using nonlethal ammunition, shot Beko Lapsey 
during execution of a search warrant.
    Authorities brought no charges against the police officers who shot 
and wounded Alister Henderson in June 2007 or against officers who shot 
and wounded Ivan James in October 2007. Both Henderson and James were 
sentenced for crimes they committed.
    Authorities brought no criminal charges against Constable Alister 
Huggins, whom the Police Disciplinary Tribunal found guilty of 
``discredible conduct'' in December 2007 for stealing money during a 
search at a Rastafarian community. The tribunal sentenced Huggins to be 
confined to barracks for 28 days.

    Prison and Detention Center Conditions.--Prisons were overcrowded, 
and resources remained limited. Built in 1840, the prison on Saint 
Kitts had an intended capacity of 150 prisoners but held 262 prisoners 
as of October 31; some prisoners slept on mats on the floor. There were 
separate facilities for men and women. The prison staff periodically 
received training in human rights.
    The Government permitted prison visits by independent human rights 
observers, although no such visits were known to have occurred during 
the year.

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

    Role of the Police and Security Apparatus.--The security forces 
consist of a 400-officer police force, including a paramilitary Special 
Services Unit, a coast guard, and a small defense force. Military 
forces patrolled jointly with the police. The military and the police 
report to the Ministry for National Security, Justice, and Labor.
    Senior police officers investigated complaints against members of 
the police force. When warranted, they refer them to an internal 
disciplinary tribunal for adjudication; penalties include dismissal, 
warnings, or other administrative action. No information was available 
as to the number or disposition of cases under consideration during the 
year.

    Arrest and Detention.--Police may arrest a person based on the 
suspicion of criminal activity without a warrant. The law requires that 
persons detained be charged within 48 hours or be released. If charged, 
a detainee must be brought before a court within 72 hours. There is a 
functioning system of bail. Family members, attorneys, and clergy were 
permitted to visit detainees regularly.
    Detainees may be held for a maximum of seven days awaiting a bail 
hearing. Those accused of serious offenses are remanded to custody to 
await trial, while those accused of minor infractions are released on 
their own recognizance.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The court system includes the High Court and four magistrate's 
courts at the local level, with the right of appeal to the Eastern 
Caribbean Court of Appeal. Final appeal may be made to the Privy 
Council in the United Kingdom.

    Trial Procedures.--The constitution provides for a fair, speedy, 
and public trial, and these requirements generally were observed. 
Defendants have the right to be present and to consult with counsel in 
a timely manner. There is a presumption of innocence, and defendants 
may question or confront witnesses. Juries are used at the High Court 
level for criminal matters only. Free legal assistance was available 
for indigent defendants in capital cases only.

    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 lawsuits regarding 
alleged civil rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such practices, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    There were eight radio stations and two daily newspapers on the 
islands. In addition, each major political party published a weekly or 
fortnightly newspaper. Opposition publications freely criticized the 
Government, and international media were available. Television was 
government owned, and there were some government restrictions on 
opposition access to the medium.

    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.--There were no reports of 
societal abuses or discrimination, including anti-Semitic acts. There 
was no organized Jewish community.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/rls/irf.

    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 does not address 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, but not to its 1967 protocol, which 
the Government has not signed. However, 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, 
but it did not routinely grant refugee status or asylum.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) on one case during the year and was 
prepared to cooperate with other humanitarian organizations in 
assisting refugees and asylum seekers. There is an honorary UNHCR 
liaison 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 elections held on the basis of universal suffrage.

    Elections and Political Participation.--There is a multiparty 
political system, in which political parties were free to conduct their 
activities.
    In the October 2004 general elections, Prime Minister Denzil 
Douglas's SKNLP returned to office after winning seven of eight Saint 
Kitts-assigned seats in the 11-seat National Assembly. The People's 
Action Movement (PAM) party won one seat. The Concerned Citizens 
Movement party won two of the three assembly seats assigned to Nevis. 
The Commonwealth observer team categorized the electoral rules as 
``followed but flawed'' and reported concerns about voter fraud, 
intimidation, and foreign influence. Lack of a requirement to prove 
identity limited voting officials' ability to prevent persons voting 
more than once. Use of foreign campaign advisers was controversial, 
government information services were accused of biased coverage, and 
the Government deported and refused reentry to a leading opposition 
consultant.
    In 2007 parliament passed electoral reform legislation meant to 
address the PAM's allegations of corrupt electoral practices by the 
ruling SKNLP; however, the legislation did not address all such 
concerns, especially safeguards against persons voting multiple times. 
There are no campaign finance regulations or prohibitions on political 
parties paying for the transportation of overseas nationals to return 
to the country to vote. The new legislation does not include absentee 
voting. Although the opposition complained about the voter 
reregistration process, in which all voters were required to appear in 
person, it was completed on September 30 without major incidents.
    The island of Nevis exercises considerable self-government, with 
its own premier and legislature. In 2006 voters in Nevis elected Joseph 
Parry of the NRP as premier.
    The governor general appoints three senators, two on recommendation 
of the prime minister and one on the recommendation of the leader of 
the opposition. There were no women in the parliament or the cabinet; 
three of four magistrates were women, the court registrar was a woman, 
and six of 11 permanent secretaries were women. In Nevis one elected 
member of the House of Assembly, the appointed president of the House 
of Assembly, and the island's resident judge were women.

    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. The opposition PAM party 
continued to allege possible misconduct on the part of government 
officials.
    Public officials are not subject to financial disclosure laws, and 
there is no agency responsible for combating government corruption. In 
2007 the PAM leader disclosed his personal finances publicly and called 
for the prime minister to do the same.
    While no laws provide for public access to government information, 
the Government maintained a Web site with limited information 
concerning government actions.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While there are no governmental restrictions on human rights 
groups, no local human rights groups operated in the country. There 
were no requests for investigations or visits by international human 
rights groups during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, place of 
origin, birth out of wedlock, political opinion or affiliation, color, 
gender, or creed, and the Government generally respected these 
prohibitions in practice.

    Women.--The law prohibits rape, but it does not address spousal 
rape. Penalties for rape range from two years' imprisonment for incest 
between minors to life imprisonment for statutory rape or incest with 
someone under 16. Indecent assault has a maximum penalty of seven 
years' imprisonment. Incest with a person 16 or older carries a penalty 
of 20 years' imprisonment. During the year police investigated a number 
of cases of rape and indecent assault.
    Violence against women was a problem. The law criminalizes domestic 
violence, including emotional abuse, and provides penalties of up to 
EC$13,500 ($5,000) or six months in prison. Although many women were 
reluctant to file complaints or pursue them in the courts, the Ministry 
of Gender Affairs handled an annual average of 25 to 30 reports of 
domestic violence. The director believed that, due to the nature of the 
crime, many women did not feel comfortable reporting it or asking for a 
protection order. There were no prosecutions or convictions for 
domestic violence during the year.
    The ministry offered counseling for victims of abuse and conducted 
training on domestic violence and gender violence for officials in the 
police and fire departments, nurses, school guidance counselors, and 
other government employees.
    Prostitution is illegal and was not considered a problem.
    The law does not specifically address sexual harassment, and it 
remained a problem.
    The role of women in society is not restricted by law but was 
circumscribed by culture and tradition. There was no overt societal 
discrimination against women in employment, although analyses suggested 
that women did not occupy as many senior positions as men. The Ministry 
of Gender Affairs conducted programs addressing poverty and health and 
promoting institutional mechanisms to advance the status of women and 
attain leadership positions for women. Although no legislation requires 
equal pay for equal work, women and men generally received equal 
salaries for the same jobs.

    Children.--The Government was committed to children's rights and 
welfare.
    Child abuse remained a major problem. The law sets the age of 
consent at 16. Authorities received a number of reports of sexual 
assaults against children during the year and brought charges in cases 
involving alleged sexual activity with minors (indecent assault).
    In November a court convicted a former police officer in Nevis of 
incest; in December he was sentenced to 10 years in prison.

    Trafficking in Persons.--In August parliament passed laws 
criminalizing trafficking in persons that include all elements of the 
offense, such as withholding identification or travel documents of a 
person and controlling and restricting the movement of a person. There 
were no confirmed reports that persons were trafficked to, from, or 
within the country. The UNHCR representative noted that labor 
trafficking was known to occur, especially in the form of importing 
foreign nationals from Guyana and other countries to work on 
construction projects for lower wages.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--While the law prohibits discrimination, 
it does not specifically cite discrimination against persons with 
disabilities. There was no reported discrimination against persons with 
disabilities in employment, education, access to health care, or in the 
provision of other state services. The law does not mandate access to 
buildings for persons with disabilities.
    Persons who are mentally ill and deemed a menace to society can be 
incarcerated for life; there were six such persons in the prison. 
Ministry of Health nurses in the various district health centers deal 
with persons with mental illness, and the General Hospital has a wing 
dedicated to caring for patients with mental illness.

    Other Societal Abuses and Discrimination.--There are no laws that 
prohibit discrimination against a person on the basis of sexual 
orientation.
    Although no statistics were available, anecdotal evidence suggested 
that societal discrimination against persons with HIV/AIDS occurred.
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised their legal right 
to form and join trade unions. Employers are not bound legally to 
recognize a union, but in practice employers did so if a majority of 
workers polled wished to organize. Approximately 10 percent of the 
workforce was unionized. The law permits the police, civil service, and 
other organizations to organize associations that serve as unions. The 
major labor union, the Saint Kitts Trades and Labour Union, was 
associated closely with the SKNLP and was active in all sectors of the 
economy. The Saint Kitts dock workers formed a new union late in the 
year.
    The right to strike, while not specified by law, is well 
established and respected in practice. Restrictions on strikes by 
workers who provide essential services, such as the police and civil 
servants, were enforced by established practice and custom but not by 
law.

    b. The Right to Organize and Bargain Collectively.--Labor unions 
have the legal right to organize and to negotiate better wages and 
benefits for union members, and the Government protected these rights 
in practice. A union that obtains membership of more than 50 percent of 
employees at a company can apply to be recognized by the employer for 
collective bargaining.
    The law prohibits antiunion discrimination but does not require 
employers found guilty of such action to rehire employees fired for 
union activities. However, the employer must pay lost wages and 
severance pay to employees who worked at least one year, based upon 
their length of service.
    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 
constitution prohibits slavery, servitude, and forced labor of 
children, and the Department of Labor effectively enforced this law in 
practice. There were no reported complaints of child labor during the 
year. The minimum legal working age is 16 years. The Department of 
Labor relied heavily on school truancy officers and the Community 
Affairs Division to monitor compliance, which they generally did 
effectively.
    Juveniles worked in agriculture, domestic service, and illicit 
activities. In rural areas where families engaged in livestock farming 
and vegetable production, children often were required to assist as 
part of family efforts at subsistence. Girls often engaged in domestic 
service. Such labor included family-oriented work where children were 
made to look after younger siblings or ailing parents and grandparents 
at the expense of their schooling. Children often worked in other 
households as domestic servants or babysitters. In general society did 
not consider domestic work exploitive child labor.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage, which was increased in October to EC$8.00 ($3.00) an hour. The 
Ministry of Labor received tripartite input from the major labor union, 
private sector groups, and the Ministry of Finance, and the minimum 
wage was debated openly in parliament. Average wages were considerably 
higher than the minimum wage, which would not provide a decent standard 
of living for a worker and family. The Labor Commission undertook 
regular wage inspections and special investigations when it received 
complaints; it required employers found in violation to pay back wages.
    The law provides for a 40- to 44-hour workweek, but the common 
practice was 40 hours in five days. Although not required by law, 
workers received at least one 24-hour rest period per week. The law 
provides for premium pay for work above the standard workweek. There 
was no legal prohibition of excessive or compulsory overtime, although 
local custom dictated that a worker could not be forced to work 
overtime.
    While there are no specific health and safety regulations, the law 
provides general health and safety guidance to Department of Labor 
inspectors. The Labor Commission settles disputes over safety 
conditions. Workers have the right to report unsafe work environments 
without jeopardy to continued employment; inspectors then investigate 
such claims, and workers may leave such locations without jeopardy to 
their continued employment.

                               __________

                              SAINT LUCIA

    Saint Lucia is a multiparty, parliamentary democracy with a 
population of approximately 171,000. In generally free and fair 
elections in 2006, former prime minister Sir John Compton returned to 
power when his United Workers Party (UWP) defeated the previously 
ruling Saint Lucia Labour Party (SLP), winning 11 seats in the 17-
member House of Assembly. In September 2007 Stephenson King was 
appointed prime minister following Compton's death. Civilian 
authorities generally maintained effective control of the security 
forces.
    While the Government generally respected the human rights of its 
citizens, there were problems in a few areas, primarily abuse of 
suspects and prisoners by the police, long delays in trials and 
sentencing, violence against women, 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces killed six persons during the year. The Criminal 
Investigations Department had investigations under way in all six cases 
at year's end.
    On August 13, police shot and killed Timothy St Lucre of Bouton in 
what the family described as a case of mistaken identity. The family 
sued the police for ``wrongful death,'' and the case was not settled by 
year's end.
    At 4:00 a.m. on December 25, police shot and killed John Garvy 
Alcindor during an altercation when the police searched his bag after 
he was spotted setting off fire crackers. The police commissioner, the 
deputy prosecutor, and the minister of national security held a public 
meeting the day after the incident, pledged to investigate the case 
thoroughly, and stated that measures would be put in place to deal with 
``a few offending officers.''
    At year's end the director of public prosecutions (DPP) was 
considering the results of a police investigation into the September 
2007 police shooting of Fitzroy Stanislaus, who bled to death shortly 
after.
    Likewise the DPP still had pending the case of the 2006 police 
killing of 20-year-old Troy Jn Jacques. The 2006 manslaughter case 
against an officer who fired on a commuter bus, killing 70-year-old 
Maurison Flavius, was still pending in the courts.
    On March 5, the DPP ruled that the 2006 police killing of escaped 
convict Perry Jules in a gun battle was justified.
    There was no information available about the results of DPP 
consideration of the four police killings that occurred in 2005.

    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, 
prisoners and suspects regularly complained of physical abuse by police 
and prison officers.
    In November police shot and injured Miguel Edwards, a 23-year-old 
unarmed man. Edwards claimed the plain clothes policemen never 
identified themselves. The police asserted that they shot him because 
he was a known criminal whom they suspected of engaging in robbery. 
Edwards denied the assertion; authorities never filed charges against 
him.
    During the year citizens filed over 20 complaints against the 
police, most of which were for abuse of authority. Authorities only 
considered one of the complaints serious enough to warrant disciplining 
an officer. In that case, police suspended one officer for serious 
misconduct for throwing chemicals on a man arrested for drunk and 
disorderly conduct.
    Investigation continued into the August 2007 incident in which 
members of the police Special Services Unit shot Andre Halls in the 
leg.
    The case of an officer charged with harm and assault in the 2006 
police shooting of a 17-year-old boy was still pending in the courts at 
year's end.

    Prison and Detention Center Conditions.--Prison conditions 
generally met minimum international standards at the four-year-old 
Bordelais Correctional Facility, which had a capacity of 500 prisoners 
and held approximately that number. Some prisoners and family members 
complained about treatment of prisoners at the facility.
    The Boys Training Center, a facility for boys charged with criminal 
offenses or suffering from domestic or other social problems, operated 
separately from the prison but conditions were substandard. The boys in 
the program normally stay for two years and receive vocational training 
while enrolled. Human rights monitors complained that the staff as well 
as older enrollees abused younger children at the center. The 
Government conducted an official inquiry into these allegations, the 
results of which were under review at year's end, including a 
recommendation to build a separate facility to shelter boys who were 
victims of domestic violence.
    The Government permitted prison visits by independent human rights 
observers, but no such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    In November authorities in the capital city of Castries conducted a 
roundup of presumed vagrants, arresting 63 homeless persons. Police, 
assisted by officers from the Special Services Unit, took those 
arrested to a facility behind city hall where they were forced to take 
showers and shave and were given clothing and food. Some civic 
activists condemned the raids, asserting that they were conducted in a 
humiliating manner, and noting that no attempt was made to provide 
alternative shelter for the homeless.

    Role of the Police and Security Apparatus.--The Royal Saint Lucia 
Police numbered 826 officers, which included a Special Services Unit 
with some paramilitary training and a coast guard unit. The police 
force reports to the Ministry of Home Affairs and Internal Security, a 
portfolio held by the prime minister.
    Although there was little definitive evidence, it was widely 
believed that corruption was pervasive in the police force.
    In 2006 the Government contracted 10 senior police officers, one of 
whom served as acting police commissioner, from the United Kingdom to 
enhance intelligence capacity, develop capacity, and improve management 
processes. However, the role of the British officers became 
controversial because of negative public perceptions, and none of them 
remained in the country at the end of the year.
    The police force's internal complaints unit, which consists of 
retired police officers, received and investigated complaints made by 
the public and sent its findings to the Police Complaints Commission, a 
civilian body. The commission reviewed the cases and made 
recommendations for internal disciplinary action, but human rights 
monitors considered the process ineffective, and the DPP's office 
stated that the commission had not made any recommendations for 
prosecution in several years.

    Arrest and Detention.--The constitution stipulates that persons 
must be apprehended openly with warrants issued by a judicial authority 
and requires a court hearing within 72 hours of detention. Detainees 
were allowed prompt access to counsel and family. There is a 
functioning bail system.
    Prolonged pretrial detention continued to be a problem; 150 of the 
prisoners at Bordelais Correctional Facility were on remand awaiting 
trial. Those charged with serious crimes spent an estimated six months 
to four years in pretrial detention.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    The court system includes magistrate's courts and the High Court, 
both of which have civil and criminal jurisdiction. The lower courts 
accept civil claims up to EC$5,000 (approximately $1,850) and criminal 
cases generally classified as ``petty.'' The High Court has unlimited 
authority in both civil and criminal cases. All cases may be appealed 
to the Eastern Caribbean Court of Appeal and to the Privy Council in 
the United Kingdom as the final court of appeal. A family court handles 
child custody, maintenance, support, domestic violence, juvenile 
affairs, and related matters.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right.
    Trials can be by jury, are public, and, in cases involving capital 
punishment, legal counsel is provided for those who cannot afford a 
defense attorney. Defendants are entitled to select their own 
representation, are presumed innocent until proven guilty in court, and 
have the right of appeal. Defendants have the right to confront or 
question witnesses.

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

    Civil Judicial Procedures and Remedies.--There is an independent, 
impartial judiciary in civil matters where one can bring lawsuits 
seeking damages for 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.
    In November 2007 Parliament repealed a section of the criminal code 
commonly referred to as the ``spreading false news'' clause. According 
to the previous prime minister, Kenny Anthony, even those who supported 
the law accepted that it was difficult to obtain a prosecution under 
it.

    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 largely available in homes, offices, and Internet cafes in 
urban areas; infrastructure limitations restricted Internet access in 
some villages.

    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 Government continued a suspension of all applications for 
official registration by faith-based organizations while it revised its 
policy on registration. This moratorium affected the Muslim community, 
the Church of Jesus Christ of Latter-day Saints, and approximately 10 
other organizations. While awaiting registration, religious groups had 
the freedom to meet and worship according to their beliefs.
    Rastafarians continued to complain that the use of marijuana, an 
aspect of their religious ritual, was prohibited.

    Societal Abuses and Discrimination.--Rastafarians complained of 
societal discrimination, especially in hiring and in schools. There was 
no organized Jewish community, and there were no reports of anti-
Semitic acts. Some evangelicals allegedly criticized Catholics and 
mainline Protestants for adherence to ``slave religions'' and for not 
accepting a literal interpretation of the Bible.
    The Muslim community, although small, was growing rapidly. Leaders 
reported that for the most part Muslims did not receive discriminatory 
treatment, but they also claimed that some recent converts to Islam hid 
their new religion from non-Muslim friends and family to avoid 
criticism 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 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 constitution prohibits forced exile, and the Government did not 
use it.

    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 no formal government policy toward refugee or asylum requests 
existed. In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    Although no known cases occurred, the Government was prepared to 
cooperate 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 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.--In 2006 Sir John Compton's 
UWP defeated Kenny Anthony's SLP by winning 11 of 17 parliamentary 
seats. According to electoral observer missions from both the 
Organization of American States and the Caribbean Community, the 
elections were generally considered free and fair. Following Compton's 
death in September 2007, the governor general, in accordance with the 
constitution, appointed as prime minister Stephenson King, the person 
who commanded the majority in the House of Assembly.
    Political parties could operate without restrictions.
    There was one woman elected to the 17-seat House of Assembly, and 
the appointed speaker of the house was a woman. There were three women 
in the 11-member appointed Senate; one served as president of the 
Senate, and one served as the sole female member of the 14-person 
cabinet. The governor general was a woman.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented the law effectively. Recently, however, corruption became a 
serious issue, widely discussed by the media, the business community, 
and opposition politicians. Observers expressed concern that the 
country was moving backwards in terms of transparency and 
accountability.
    Although there were no reports of government corruption during the 
year, authorities questioned Housing Minister Richard Frederick twice 
concerning alleged involvement in customs duty evasion that occurred 
before Frederick was in office. In November Frederick sued the 
Government; a court dismissed his lawsuit, but he appealed. At year's 
end, the controller of customs pursued the case but had filed no 
charges against Frederick.
    In May a cabinet reshuffle brought several controversial ministers 
into the cabinet, and there were widespread reports that the new 
government ministers had engaged in corruption. There was also 
widespread concern that some members of the Government associated with 
known narcotics traffickers.
    High-level government officials, including elected officials, are 
subject to annual disclosure of their financial assets to the Integrity 
Commission, a constitutionally established commission. The 
parliamentary commissioner, auditor general, and the Public Services 
Commission are government agencies established to help combat 
corruption. Parliament can also appoint a special committee to 
investigate specific allegations of corruption.
    The law provides for public access to information, and 
parliamentary debates are open to the public. The Government 
Information Service disseminated public information on a daily basis, 
operated an extensive Web site, and published a number of official 
periodicals.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases, and government officials often were cooperative and 
responsive to their views.
    In February the Saint Lucia Non-State Actor's Panel was formed to 
bring together nongovernmental organizations (NGOs) and other civil 
society groups to pressure the Government on a wide range of issues, 
including economic concerns and human rights problems, particularly 
domestic violence.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination, but there was no 
specific legislation addressing discrimination in employment or against 
persons with disabilities. However, government policy was 
nondiscriminatory in the areas of housing, jobs, education, and 
opportunity for advancement.

    Women.--Rape, including spousal rape, is a crime punishable by 14 
years' to life imprisonment. Police and courts enforced laws to protect 
women against rape, although many victims were reluctant to report 
cases of rape or to press charges. During the first six months of the 
year, police reported 39 cases of rape and 60 cases of statutory rape 
(victims under age 16). During the year the DPP's office received 15 
sexual assault cases from police investigators, several of which went 
to trial, with two guilty verdicts. The DPP reported that sexual 
assault cases were a growing problem, but that most cases were not 
prosecuted due to the reluctance of victims to press charges.
    Violence against women was recognized as a serious problem. The 
Government prosecuted crimes of violence against women only when the 
victim pressed charges. The family court heard cases of domestic 
violence and crimes against women and children, and the Castries office 
filed over 100 cases by year's end (there was an additional family 
court in Vieux Fort).
    The Ministry of Health Wellness, Family Affairs, National 
Mobilization, Human Services, and Gender Relations assisted victims. 
Most of the cases were referred to a counselor, and the police 
facilitated the issuance of court protection orders in some cases. 
Police caught and charged perpetrators in a number of domestic violence 
cases.
    The police Vulnerable Persons Unit, designed to handle cases 
involving violence against women and children, increased police 
responsiveness to these cases. As a result the police reported a 24 
percent increase in the reporting of sexual crimes against women and 
children during the first half of the year. This unit worked closely 
with the Family Court and the ministry's Gender Relations and Human 
Services Divisions.
    The Gender Relations Division also ran the Women's Support Center, 
which provided shelter, counseling, residential services, a 24-hour hot 
line, and assistance in finding employment. The center assisted over 
100 women and children and took over 100 calls during the year. Various 
NGOs, such as the Saint Lucia Crisis Center and the National 
Organization of Women (NOW), also provided counseling, referral, 
educational, and empowerment services. The crisis center assisted in 
cases of physical violence, incest, nonpayment of child support, 
alcohol and drug abuse, homelessness, custody, and visitation rights.
    The Family Court can issue a protection order prohibiting an abuser 
from entering or remaining in the residence of a specified person. 
Occupation and tenancy orders provide certain residential rights to 
victims of domestic violence, such as rental payments and other 
protective orders. The Family Court employed full-time social workers 
who assisted victims of domestic violence.
    On November 22, the Caribbean Association for Feminist Research and 
Action (CAFRA) and NOW organized a ``just say no to violence'' 
campaign, featuring speakers, presentations, and 30 silhouettes of 
women who recently lost their lives due to domestic violence. The rally 
was attended by representatives from women's organizations in 
Martinique, Guadalupe, and Dominica as well as Saint Lucia.
    Prostitution is illegal, but it was a growing problem. Some 
underground strip clubs were fronts for prostitution and reportedly 
were owned by corrupt police officers. There were no arrests for 
prostitution during the year.
    The criminal code prohibits sexual harassment, but it remained a 
problem. The Gender Relations Division continued an awareness program 
through which it provided training opportunities in workplaces and 
assisted establishments in creating policies and procedures on how to 
handle sexual harassment. As a result, most cases of sexual harassment 
were handled in the workplace rather than being prosecuted under the 
criminal code.
    Women generally enjoyed equal rights, including in economic, 
family, property, and judicial matters. However, the fire chief refused 
to allow a female fire fighter, who completed a two-year training 
program and was ready to take the final exam, to take the test because 
she was pregnant. CAFRA took on the issue, arguing that the authorities 
can and should make reasonable accommodations to allow such persons to 
take the test, which was offered only once a year. Women's affairs were 
under the jurisdiction of the Gender Relations Division, whose parent 
ministry was responsible for protecting women's rights in domestic 
violence cases and preventing discrimination against women, including 
ensuring equal treatment in employment.

    Children.--The Government was generally committed to children's 
rights and welfare, as indicated by its provisions for education and 
health care. However, there was insufficient assistance for abused or 
neglected children.
    Child abuse remained a problem. The Division of Human Services and 
Family Affairs expected an increase in child abuse cases for the year 
compared with 2007, when there were reports of 106 cases of sexual 
abuse, 79 cases of physical abuse, 40 cases of abandonment, and 30 
cases of psychological abuse.
    Child sex abuse cases were very common, including one in which an 
80-year-old man was caught in the act of raping a five-year-old girl. 
At year's end, police had yet to arrest the perpetrator, whom neighbors 
said was a well-known child abuser with many victims in the 
neighborhood.
    There were few social welfare programs in the country, and the 
existing ones were overwhelmed. As a result, parents of sexually abused 
children sometimes declined to press sexual assault charges against the 
abuser in exchange for financial contributions toward the welfare of 
victims of such abuse. Nonetheless, courts heard some child sexual 
abuse cases and convicted and sentenced offenders.
    Investigation continued in a 2006 case of a 14-year-old girl 
repeatedly and severely abused by her police officer father and 
stepmother. The girl remained in her aunt's custody while authorities 
investigated her father and stepmother.
    The human services division provided a number of services to 
victims of child abuse, including counseling, facilitating medical 
intervention, finding foster care, providing family support services, 
and supporting the child while working with the police and attending 
court. The division was also involved with public outreach in schools, 
church organizations, and community groups.
    CAFRA operated a hot line for families suffering from different 
forms of abuse; however, there was no shelter for abused children, 
resulting in the return of many children to the homes in which they 
were abused. Through the hot line, CAFRA learned of various cases of 
sexual abuse that were never reported to the police. The Government did 
not provide funding for foster care and few families were willing to 
take in foster children.
    Although there was little evidence of formalized child 
prostitution, transactional sex with minors was a common occurrence.
    The Catholic Church operated the Holy Family Home for abused and 
abandoned children, with space for up to 40 children who were referred 
to the center by the police or social workers.

    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.
    There were reports that some women from Saint Lucia were trafficked 
to Saint Marten and Barbados, and that women from the Dominican 
Republic, Colombia, Venezuela, Brazil and some Eastern European 
countries were trafficked to Saint Lucia, where they worked at strip 
clubs and brothels. There were reports that police owned many of these 
clubs, particularly in Rodney Bay, and that women who fled the brothels 
were sometimes returned to them by police.
    Although there are laws prohibiting slavery, forced labor, forced 
imprisonment, and kidnapping that could be used to prosecute alleged 
traffickers, there were no reports of such prosecutions during the 
year. The Government established a National Coalition against 
Trafficking in Persons consisting of the Gender Relations Division, the 
Human Services Division, the police, and the Immigration Service. Lack 
of funding hampered the coalition's efforts to detect and investigate 
cases of trafficking and to protect victims.
    In December the International Office for Migration held a three-day 
seminar on Capacity Building to Manage Migration in the Caribbean, 
which focused on trafficking in persons.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--No specific legislation protects the 
rights of persons with disabilities or mandates provision of government 
services for them. The Government is obliged to provide disabled access 
to all public buildings, but only a few government buildings had ramps 
to provide access. There was no rehabilitation facility for persons 
with physical disabilities, although the health ministry operated a 
community-based rehabilitation program in residents' homes. There were 
schools for the deaf and the blind up to the secondary level. There 
were a few isolated cases of persons with disabilities holding jobs, 
including one blind bank teller, but a recent blind graduate from the 
local community college was not able to secure employment. There also 
was a school for persons with mental disabilities; however, children 
with disabilities faced barriers in education and there were few 
opportunities for such persons when they became adults.
    The existing state-operated mental health facility is a century old 
building that will be decommissioned once a new state-of-the-art mental 
health facility is completed. There are no other mental health 
facilities on the island, and mentally ill persons were not generally 
provided much care. There were only four mental health social workers 
who had an average of over 100 cases each.

    Other Societal Abuses and Discrimination.--There was widespread 
social discrimination against homosexuals in the deeply conservative, 
highly religious society. There were few openly gay people in the 
country. There were at least two cases of violence against homosexuals, 
including one young man who was killed when he was hung from a tree 
because he was openly gay.
    There was widespread stigma and discrimination against persons 
infected with HIV/AIDS, although the Government implemented several 
programs to address this issue, including a five-year program to combat 
HIV/AIDS. The UN Population Fund also provided support for youth-
oriented HIV/AIDS prevention programs. An HIV-positive woman who worked 
for the Government quit in protest over demeaning conditions in the 
workplace after her supervisor mandated that she use the restroom at 
specific times only, after which staff would clean the restroom.
Section 6. Worker Rights
    a. The Right of Association.--The law specifies the right of 
workers to form or belong to trade unions under the broader rubric of 
the right of association. Most public sector employees and 
approximately 25 percent of the total work force were unionized.
    Unions have a right to strike, and workers exercised that right. 
However, the law prohibits members of the police and fire departments 
from striking on the grounds that these professions were ``essential 
services.'' Workers in other essential services-water and sewer 
authority workers, electric utility workers, nurses, and doctors-must 
give 30 days' notice before striking.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government generally protected this right. Collective bargaining is 
protected by law and was freely practiced.
    The law does not prohibit antiunion discrimination, and workers 
fired for union activity did not have the right to reinstatement. In 
practice many companies were openly antiunion, and one company 
threatened to close if a union won recognition. When the union 
representatives tried to organize the employees, the company closed for 
two weeks and when it reopened, all the workers who had sought to join 
the union renounced those views and demanded their union dues back, 
which the union refused.
    The labor law is applicable in the export processing zones, and 
there were no administrative or legal impediments to union organizing 
or collective bargaining in those zones; however, there were no unions 
registered in them.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for a minimum legal working age of 16 years. The minimum 
legal working age for industrial work is 18 years. Child labor existed 
to some degree in the rural areas, primarily where school-age children 
helped harvest bananas from family trees. Children also typically 
worked in urban food stalls or sold confectionery on sidewalks on 
nonschool days and during festivals. The Department of Labor of the 
Ministry of Labor Relations, Public Service, and Cooperatives was 
responsible for enforcing statutes regulating child labor. Employer 
penalties for violating the child labor laws were EC$9.60 ($3.55) for a 
first offense and EC$24 ($8.88) for a second offense. There were no 
formal reports of violations of child labor laws.

    e. Acceptable Conditions of Work.--Minimum wage regulations in 
effect since 1985 set wages for a limited number of occupations. The 
minimum monthly wage for office clerks was EC$300 ($111), for shop 
assistants EC$200 ($74), and for messengers EC$160 ($59). The 
Government recognized that the minimum wage law was outdated and sought 
to meet with tripartite social partners to discuss it, but the matter 
was not resolved by year's end. The minimum wage did not provide a 
decent standard of living for a worker and family, but most categories 
of workers received much higher wages based on prevailing market 
conditions. However, a number of smaller establishments paid less than 
the minimum wage, and Haitians and others often received less than 
minimum wage.
    The labor commissioner is charged with monitoring violations of 
labor law, including the minimum wage. There were three compliance 
officers to cover the entire country and to monitor compliance with 
occupational and safety standards, and pension standards as well as 
minimum wage violations. In practice there were few reported violations 
as those who received less than the minimum wage were often in the 
country illegally and afraid of reprisals including possible 
deportation. Labor unions did not routinely report such violations.
    The legislated workweek is 41 hours, although the common practice 
was to work 40 hours in five days. Special legislation covers work 
hours for shop assistants, agricultural workers, domestics, and persons 
in industrial establishments.
    While occupational health and safety regulations were relatively 
well developed, there was only one qualified inspector for the entire 
country. The ministry enforced the act through threat of closure of the 
business if it discovered violations and the violator did not correct 
them. However, actual closures rarely occurred because of lack of staff 
and resources. Workers had the legal right to leave a dangerous 
workplace situation without jeopardy to continued employment.

                               __________

                    SAINT VINCENT AND THE GRENADINES

    Saint Vincent and the Grenadines is a multiparty, parliamentary 
democracy with a population of approximately 118,400. In 2005 Prime 
Minister Ralph Gonsalves' Unity Labour Party (ULP) was returned to 
office in elections that international observers assessed as generally 
free and fair. Civilian authorities generally maintained effective 
control of the security forces.
    Although the Government generally respected the human rights of its 
citizens, there were problems in a few areas, primarily impunity for 
police who used excessive force, poor prison conditions, abuse of 
official position by government officials to circumvent the judicial 
process, an overburdened court system, violence against women, and 
abuse 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
    There were no reports that the Government or its agents committed 
arbitrary or unlawful killings.
    The Government did not provide any information about the results of 
the investigation into the September 2007 killing by security forces of 
two Venezuelan nationals, Matias Dominquez and Alexis Munoz, or about 
any coroner's ruling in the 2005 police shootings of Selwyn Moses and 
Joel Williams.

    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, the 
nongovernmental organization (NGO) St. Vincent and the Grenadines Human 
Rights Association (SVGHRA) asserted that many confessions resulted 
from unwarranted police practices, including the use of physical force 
during detention. The SVGHRA complained that the Government failed to 
investigate adequately allegations of abuse or punish those police 
officers responsible for such abuses.
    On November 17, two teenagers, Jemark Jackson and Kemron McDowald, 
claimed police officers beat them with a hose and the butt of a rifle 
and kicked them in the stomach and chest. Both required medical 
attention after their release from custody, and Jackson, who stated 
that he was hit so hard in the head his ear began to bleed, was 
hospitalized for seven days. The incident was under investigation at 
year's end.
    Police officers investigated all complaints from citizens about 
assault or other abuse by the police and submitted their findings to 
the police commissioner. The Government did not provide any information 
about the disposition of such complaints or any disciplinary charges or 
other actions taken.
    The Government did not provide any information about the referral 
to the Department of Public Prosecution of a well-known calypso 
singer's claim that a constable slapped him on the face in 2007.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor. Prison buildings, built in 1872, were antiquated and overcrowded, 
with Her Majesty's Prison in Kingstown holding 399 inmates in a 
building intended to hold approximately 150 inmates, a situation that 
created serious health and safety problems.
    The SVGHRA reported that prison problems such as endemic violence, 
understaffing, underpaid guards, uncontrolled weapons and drugs, 
increasing incidence of HIV/AIDS, and unhygienic conditions persisted. 
Corrupt prison staff commonly served as a source of drugs, weapons, and 
cell phones. The SVGHRA also alleged that guards routinely beat 
prisoners to extract information regarding escapes, violence, and crime 
committed in the prison.
    The Fort Charlotte Prison held 11 female inmates in a separate 
section designed to hold 50 inmates, but conditions were antiquated and 
unhygienic. Pretrial detainees and young offenders (16 to 21 years of 
age) were held with convicted prisoners.
    Conditions were inadequate for juvenile offenders. Boys younger 
than 16 were held at the Liberty Lodge Boys' Training Center, which 
takes in boys who can no longer stay at home due to domestic problems 
or involvement with criminal activity. Most of the 28 boys were at the 
center because of domestic problems, and only a small number were 
charged with committing a crime.
    The Government permitted prison visits by independent human rights 
observers, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions; however, complaints continued regarding police practices 
in bringing cases to court.

    Role of the Police and Security Apparatus.--The Royal Saint Vincent 
and the Grenadines Police, the only security force in the country, 
includes a coast guard, a small Special Services Unit with some 
paramilitary training, and the fire service. There were approximately 
850 members of the police force. The police report to the minister of 
national security, a portfolio held by the prime minister.
    The Government operated an oversight committee to monitor police 
activity and hear public complaints about police misconduct. The 
committee reported to the minister of national security and to the 
minister of legal affairs and actively participated in investigations 
during the year.

    Arrest and Detention.--The law requires judicial authority to issue 
arrest warrants. Police apprehended persons openly, and detainees may 
seek judicial determinations of their status after 48 hours if not 
already provided. The bail system functioned and was generally 
effective. A local human rights group reported that most detainees were 
given prompt access to counsel and family members, although in some 
instances delays occurred.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of lower courts and the High Court, with 
appeal to the Eastern Caribbean Court of Appeal and final appeal to the 
Privy Council in the United Kingdom. There were three official 
magistrates; in addition the registrar of the High Court has the 
authority to sit as a magistrate if called upon. The chief magistrate 
also served as president of the family court, which handled criminal 
cases for minors up to age 16.
    On January 1, a female police constable, Michele Andrews, accused 
Prime Minister Gonsalves of raping her while she was on duty at his 
official residence. Shortly after the accusations, the director of 
public prosecutions (DPP) discontinued the case. The prime minister, in 
his capacity as minister of legal affairs, had direct influence over 
the case and the DPP's decision. The victim's lawyers appealed the 
discontinuation to the High Court and to the Eastern Caribbean Court of 
Appeal, but both appeals were denied. The victim's lawyers then 
petitioned the family court to issue a summons against Gonsalves for 
indecent assault and rape. Two weeks later the victim changed her 
lawyers and dropped all accusations. Shortly after the case became 
public, Margaret Parsons, a Canadian originally from Saint Vincent, 
alleged that in 2003 Prime Minister Gonsalves attacked her and 
attempted to rape her. A sexual assault charge was filed on behalf of 
Parsons; however, two weeks later the DPP again discontinued the case 
and a High Court justice refused permission for the lawyers to seek a 
judicial review.

    Trial Procedures.--The law provides for fair, public trials, and an 
independent judiciary generally enforced this right. Juries are used at 
the High Court level for criminal matters but are not used for civil 
court or crimes at the magistrate level. The court appoints attorneys 
only for indigent defendants charged with a capital offense. Defendants 
are presumed innocent until proven guilty, may confront and question 
witnesses, may appeal verdicts and penalties, and have access to 
relevant government-held evidence once a case reaches the trial stage. 
Lengthy delays occurred in preliminary inquiries for serious crimes. A 
backlog of pending cases continued because the magistrate's court in 
Kingstown lacked a full complement of magistrates.

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

    Civil Judicial Procedures and Remedies.--There is an independent, 
impartial judiciary in civil matters where one can bring lawsuits 
seeking damages for 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. However, there continued to be many accounts 
of the prime minister or other officials rebuking the press for 
comments critical of the Government.
    A radio station, Nice Radio, broadcast an interview in which the 
prime minister was accused of using his authority to cover up rape 
allegations against him. In April a lawyer representing the prime 
minister contacted Nice Radio and instructed station management to 
apologize or face legal action. Station management refused, and the 
Government went forward with its lawsuit. Nice Radio frequently 
criticized the Gonsalves administration, and management believed the 
lawsuit was an attempt to shut it down.
    In November Prime Minister Gonsalves sued and won an EC$430,000 
($160,000) defamation of character settlement against radio host 
Eduardo ``E.J.'' Lynch, who had accused the prime minister of using 
government funds to pay for a trip to Rome for his family.
    On December 21, the superintendent of police instructed Jeff 
Trotman, a newspaper journalist who was taking pictures of a burning 
building from 20 feet behind police barriers, to cease taking pictures. 
When Trotman refused, police arrested him and held him for five hours 
without charges. The case was under investigation 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.

    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.--Rastafarians complained of 
discrimination against their members, especially in hiring and in 
schools.
    There was no organized 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 law prohibits forced exile, and it was not used.

    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 Government has not established a system for providing 
protection to refugees or asylum seekers. In practice the Government 
provided protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened but did not 
grant refugee status or asylum.
    The Government repatriated several Nepalese nationals brought to 
the country with the promise of work permits in Canada and the United 
States.
    The Government was prepared to cooperate 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 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 2005 the ruling ULP was 
returned to office in elections that international observers declared 
to be generally free and fair.
    There were two women in the 15-seat House of Assembly and three 
women in the cabinet. There was one woman among the six appointed 
senators, who also served as deputy speaker.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not always 
enforce these laws effectively and corruption remained a moderate 
problem. There was anecdotal evidence of corruption and nepotism in 
government contracting.
    There were no financial disclosure laws for public officials. No 
government agency was specifically responsible for combating government 
corruption.
    The law provides for public access to information, and the 
Government provided such access in practice.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no restrictions on international human rights groups, 
but none were known to have expressed interest in or concern about the 
country during the year. A domestic human rights group, the SVGHRA, 
generally operated without government restriction, investigating and 
publishing its findings on human rights cases, particularly with 
respect to treatment of prisoners. Government officials generally were 
responsive, but the SVGHRA reported that its complaints regarding 
allegations of police brutality typically received perfunctory 
responses from the Government. Other advocacy groups, particularly 
those involved with protection against domestic violence and child 
abuse, worked closely with their corresponding government offices.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal treatment regardless of race or gender, 
and the Government generally enforced this provision in practice.

    Women.--Rape, including spousal rape, is illegal, and the 
Government generally enforced the law. Depending on the magnitude of 
the offense and the age of the victim, sentences for rape could be 
eight to 10 years' imprisonment. The possible sentence of life 
imprisonment was very rarely used. The Government did not provide any 
statistical information about prosecutions and convictions for rape 
during the year (information about the allegations brought against the 
prime minister were obtained from nongovernmental sources).
    Violence against women remained a serious problem. The law does not 
criminalize domestic violence specifically but provides protection for 
victims. Cases involving domestic violence were normally charged under 
assault, battery, or other similar laws. The SVGHRA reported that, in 
many instances, domestic violence went unpunished due to a culture in 
which victims choose not to seek assistance from the police or the 
prosecution of offenders. Furthermore, a number of victims decided not 
to press charges once domestic tensions cool down after having already 
complained to the police. For this reason police were often reluctant 
to follow up on domestic violence cases.
    The Gender Affairs Division of the Ministry of National 
Mobilization, Social Development, NGO Relations, Family, Gender 
Affairs, and Persons with Disabilities provided a referral and 
information service for domestic violence victims, educating victims on 
the role of the police, legal matters, and the family court in dealing 
with domestic violence, as well as possible assistance from various 
NGOs. The Marion House provided counseling to victims of abuse. The 
SVGHRA and other organizations conducted numerous seminars and 
workshops to familiarize women with their rights. Development banks 
provided funding through the Caribbean Association for Feminist 
Research and Action for a program on domestic violence prevention, 
training, and intervention. Police received training on domestic abuse, 
emphasizing the need to file reports and, if there was sufficient 
evidence, to initiate court proceedings. To counter the social pressure 
on victims to drop charges, some courts imposed fines against persons 
who brought charges but did not testify.
    Although prostitution is illegal, a local human rights group 
reported that it remained a problem among young women and teenagers.
    The law does not specifically prohibit sexual harassment, although 
it could be prosecuted under existing laws. A local human rights group 
considered these laws ineffective.
    Women enjoyed the same legal rights as men. Women received an 
equitable share of property following separation or divorce. The Gender 
Affairs Division assisted the National Council of Women with seminars, 
training programs, and public relations. The minimum wage law specifies 
that women should receive equal pay for equal work.

    Children.--The Government was committed to children's rights and 
welfare; however, child abuse remained a problem.
    The law provides a limited legal framework for the protection of 
children, and the Family Services Division of the Social Development 
Ministry monitored and protected the welfare of children. The division 
referred all reports of child abuse to the police for action and 
provided assistance in cases where children applied for protection 
orders with the family court.

    Trafficking in Persons.--The law does not address trafficking in 
persons specifically, nor does the Government have any specific 
programs to do so.
    Several Nepalese nationals were trafficked to the country with the 
promise of work permits in Canada and the United States, but the 
Government returned them all to Nepal. There were no other reports that 
persons were trafficked to, from, within, or through 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 physical and mental disabilities in employment, 
education, access to health care, and the provision of other state 
services, and the Government generally observed these prohibitions. The 
law does not mandate access to buildings for persons with disabilities, 
and access for such persons generally was difficult. Most persons with 
severe disabilities rarely left their homes because of the poor road 
system and lack of affordable wheelchairs. The Government partially 
supported a school for persons with disabilities. A separate 
rehabilitation center treated approximately five persons daily. The 
Social Development Ministry is responsible for assisting persons with 
disabilities.

    Other Societal Abuses and Discrimination.--There are no laws that 
prohibit discrimination against a person on the basis of sexual 
orientation.
    Although no statistics were available, anecdotal evidence suggested 
there was some societal discrimination against homosexuals and persons 
with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised the legal right to 
form and join unions; however, no law requires employers to recognize 
unions. Approximately 11 percent of the work force was unionized.
    While the organized unions generally maintained good relations with 
the Government, opposition leaders and businessmen privately complained 
that the ruling party selected and promoted union leaders who were 
loyal to the Government. Union membership and the number of actions 
taken dropped during the year.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, the Essential Services Act prohibits 
persons providing such services (defined as electricity, water, 
hospital, and police) from striking.

    b. The Right to Organize and Bargain Collectively.--The law permits 
unions to organize and bargain collectively, and the Government 
protected these rights in practice; however, no law requires employers 
to recognize a particular union as an exclusive bargaining agent. The 
law provides that if both parties to a dispute consent to arbitration, 
the minister of labor can appoint an arbitration committee from the 
private sector to hear the matter.
    The law protects workers from summary dismissal without 
compensation and provides for reinstatement or severance pay if 
unfairly dismissed. It also protects workers from dismissal for 
engaging in union activities and provides them with reinstatement 
rights if illegally dismissed.
    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 sets the minimum working age at 16, and workers may receive a 
national insurance card at that age. The Ministry of Labor monitored 
and enforced this provision, and employers generally respected it in 
practice. There were five labor officers in the labor inspectorate with 
responsibility for monitoring all labor issues and complaints. The 
ministry reported no child labor problems. The only known child labor 
was work on family-owned banana plantations, particularly during 
harvest time, or in family-owned cottage industries. The Government 
operated Youth Empowerment, which provided training and increased job 
opportunities by employing young persons in government ministries for 
up to one year.

    e. Acceptable Conditions of Work.--The process of setting the 
minimum wage is tripartite and transparent, but the Wages Council, 
which is supposed to meet every two years to review minimum wages, last 
met in 2003. Minimum wages vary by sector and type of work and are 
specified for several skilled categories. In agriculture the minimum 
wage for workers provided shelter was EC$25 ($9.26) per day; for 
industrial workers it was EC$30 ($11.11) per day. In many sectors, the 
minimum wage did not provide a decent standard of living for a worker 
and family, but most workers earned more than the minimum.
    The law prescribes hours of work according to category, such as 
industrial employees (40 hours per week), professionals (44 hours per 
week), and agricultural workers (30 to 40 hours per week). The law 
provides that workers receive time-and-a-half for hours worked over the 
standard workweek. There was a prohibition against excessive or 
compulsory overtime, which was effectively enforced in practice.
    Legislation concerning occupational safety and health was outdated, 
and enforcement of regulations was ineffective. The law does not 
address specifically whether workers have the right to remove 
themselves from work situations that endanger health or safety without 
jeopardy to their continued employment, but it stipulates conditions 
under which factories must be maintained. Failure to comply with these 
regulations would constitute a breach, which might cover a worker who 
refused to work under these conditions.

                               __________

                                SURINAME

    Suriname is a constitutional democracy, with a president elected by 
the unicameral legislature or by the larger United People's Assembly. 
The population is approximately 493,000. After generally free and fair 
elections in 2005, the New Front Plus government, was formed. In August 
2005 the United People's Assembly reelected Ronald Venetiaan as 
president. Civilian authorities generally maintained effective control 
of the security forces.
    While the Government generally respected the human rights of its 
citizens, there were problems in some areas, including police 
mistreatment of detainees at the time of arrest; abuse of prisoners by 
guards; overcrowded detention facilities; an overwhelmed judiciary with 
a large case backlog; lengthy pretrial detention; self censorship by 
some media; corruption in the Government; societal discrimination 
against women, minorities, and indigenous people; violence against 
women; trafficking in women, girls, and boys; 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces killed two persons during the year.
    On August 1, police shot and killed Chaniel Burleson, a detainee 
who escaped a pretrial detention cell in May while awaiting trial on 
charges of murder and armed robbery. An internal affairs investigation 
continued at year's end.
    On October 9, police shot and killed an armed-robbery suspect. The 
investigation into the case continued at year's end.
    An internal investigation continued into the July 2007 killing of 
Andy Aroma.
    In July the Government unveiled a memorial in remembrance of the 
victims of the 1986 massacre of 39 Moiwana residents. The construction 
of the houses in the Moiwana village, as mandated by the Inter-American 
Court's ruling, continued.
    The trial of former military head of state Desi Bouterse and his 
codefendants for the 1982 extrajudicial killings of 15 political 
opponents continued at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the law prohibits such practices, human rights 
groups and the media continued to express concern about mistreatment by 
police and prison officials, and they documented cases of police 
mistreatment of detainees, particularly during arrests, and abuse of 
prisoners by prison officials.
    On October 8, a mob attacked a murder suspect and beat him severely 
before the police could apprehend him. After he was taken to the police 
station, the 500 person mob attacked the police station. The military 
was called in to defend the police station, and the suspect was taken 
by helicopter to Paramaribo, the capital city.
    In November a judge acquitted deputy police inspector Omar Terborg 
and five other police officers charged in 2007 for using excessive 
force against detainees as punishment for attempting to escape a prison 
detention cell.

    Prison and Detention Center Conditions.--Prison conditions were 
poor. There are three prisons, including one in Santoboma, which held 
female and male prisoners separately. There are also several smaller 
jails, or temporary detention centers, in most police stations 
throughout the country. Most facilities, particularly older jails, 
remained unsanitary and seriously overcrowded, with occupancy as much 
as quadruple the facility's designed capacity.
    Violence among prisoners was common, and prisoners continued to 
complain of mistreatment by guards.
    In June a judge acquitted eight prison officers of all charges in 
the 2006 killing of an inmate.
    Human rights organizations expressed concern about conditions in 
pretrial detention facilities, which remained overcrowded. Growing 
numbers of convicted prisoners were held in detention cells due to 
prison overcrowding. Because of staff shortages, police officers rarely 
permitted detainees to leave their cells. Detainees and human rights 
groups also alleged that meals were inadequate.
    Conditions in the women's jail and prison facilities were generally 
better than those in the men's facilities. Following conviction, girls 
under age 18 were held in the women's detention center and in the 
women's section of one of the prison complexes.
    There is one juvenile detention facility, Opa Doeli, for boys and 
girls under the age of 18; this facility, located in Paramaribo, was 
considered adequate and provided educational and recreational 
facilities. A separate wing of that prison held boys under age 18 
convicted of serious crimes.
    The Government permitted visits by independent human rights 
observers. Allied Collective, a local human rights organization focused 
primarily on legal issues, noted that in general it had access to 
prisoners but did not always receive cooperation from prison officials 
on routine matters. The Welzijns Institute Nickerie, a nongovernmental 
organization (NGO) operating in the western district of Nickerie, 
visited and provided counseling for detainees in the youth detention 
center in that district. The institute also started a program to train 
prison officers to counsel detainees.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. Due to a shortage of judges, prisoners who appealed their 
cases often served their full sentences before the lengthy appeals 
process could be completed.

    Role of the Police and Security Apparatus.--The armed forces are 
responsible for national security and border control, with the military 
police having direct responsibility for immigration control at the 
country's ports of entry. All elements of the military are under the 
control of the Ministry of Defense. Civilian police bear primary 
responsibility for the maintenance of law and order and report to the 
Ministry of Justice and Police. The Personnel Investigation Department 
(OPZ) is an office within the Police Department that conducts 
investigations into complaints of police abuses. Police effectiveness 
was hampered by a lack of equipment and training, low salaries, and 
poor coordination with other law enforcement agencies. The police and 
military continued joint operations.
    Corruption remained a problem, and senior police officers met 
monthly with the Attorney General's Office to review corruption and 
other cases against the police.
    The OPZ reported that through September, authorities disciplined 17 
officers for various offenses; nine of whom were jailed, including five 
for seriously neglecting their duties, three for grievous bodily harm, 
and one on narcotics charges. During the year 24 police officers, 12 of 
whom were taken into custody, lost their commissions for various 
offenses.

    Arrest and Detention.--Individuals were apprehended with warrants 
and were promptly informed of the charges against them. The police may 
detain for up to 14 days a person suspected of committing a crime if 
the sentence for that crime is longer than four years, and an assistant 
district attorney or a police inspector may authorize incommunicado 
detention. The police must bring the accused before a prosecutor to be 
charged formally in that period, but if additional time is needed to 
investigate the charge, a prosecutor and, later, a judge of instruction 
may extend the detention period an additional 150 days. There is no 
bail system. Detainees were allowed prompt access to counsel of their 
choosing, but the prosecutor may prohibit access if he thinks that this 
could harm the investigation. Detainees were allowed weekly visits from 
family members.
    The average length of pretrial detention was 30 to 45 days for 
lesser crimes. Detainees were held in 23 overcrowded detention cells at 
police stations throughout the country. In accordance with the law, the 
courts freed most detainees who were not tried within the 164 day 
period. According to human rights monitors, such factors as a shortage 
of judges, large case loads, and large numbers of detainees caused 
trial delays.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, disputes over the appointment of judges 
undermined the independence of the judiciary. The attorney general and 
the president of the Court of Justice are appointed for life.
    The judicial system consists of three lower courts, two specialized 
courts, and the Court of Justice as an appeals court. A military court 
system operates in cooperation with the civilian judicial system.
    While the Ministry of Justice and Police sought to improve the 
functioning of the court system, a shortage of judges significantly 
hampered both civilian and military courts. At year's end there were 14 
sitting judges in the country; during the year four new judges were 
installed, one retired but was later reinstalled, and the president of 
the Court of Justice retired. Recognizing the need for judges, the 
ministry initiated an active system of training for judges.
    Other problems the judiciary faced included financial dependence on 
the Ministry of Justice and Police (and hence the executive branch), 
lack of professional court managers and case management systems to 
oversee the courts' administrative functions, and lack of physical 
space. These contributed to a significant case backlog. The courts 
required a minimum of six months to process criminal cases.

    Trial Procedures.--The law provides for the right to a fair, public 
trial in which defendants have the right to counsel, and the judiciary 
generally enforced this right. Defendants enjoy a presumption of 
innocence and have the right to appeal their verdict. Defendants' 
lawyers can question witnesses. There is no jury system. The courts 
assign private sector lawyers to defend indigent detainees, paying the 
costs from public funds. There were approximately 13 court assigned 
lawyers, for both the civil and the penal system. Unlike in previous 
years, human rights organizations did not complain about court assigned 
lawyers not appearing for trial. Defendants can question witnesses 
against them and also have the right to present witnesses and evidence 
on their own behalf. Defendants and their attorneys have access to 
government-held evidence. The law extends the above rights to all 
citizens.
    Military personnel generally are not subject to civilian criminal 
law. A member of the armed forces accused of a crime immediately comes 
under military jurisdiction, and military police are responsible for 
all such investigations. Military prosecutions are directed by an 
officer on the public prosecutor's staff and take place in separate 
courts before two military judges and one civilian judge. Due to the 
shortage of judges, military and civilian judges are selected from the 
same pool by the Court of Justice, which makes assignments to specific 
cases. A mechanism exists to prevent conflicts of interest. The 
military courts follow the same rules of procedure as the civil courts. 
There is no appeal from the military to the civil system.

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

    Civil Judicial Procedures and Remedies.--Although there are 
separate procedures for civil processes, the same pool of judges is 
responsible for presiding over these procedures. There is access to a 
court to bring lawsuits seeking damages for, or cessation of, a human 
rights violation. However, the shortage of judges impeded this process; 
most civil cases were resolved approximately three to four years after 
being heard by the courts.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. The law requires 
search warrants, which are issued by quasi judicial officers who 
supervise criminal investigations.
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.
    Some media members continued to practice occasional self 
censorship. This was due to a history of intimidation and reprisals by 
certain elements of the former military leadership or response to 
pressure applied by senior government officials and important community 
leaders on journalists who published negative stories about the 
administration.
    On January 9, a journalist writing for a local daily, the Times of 
Suriname, alleged that a member of the Police Arrest Team seized her 
camera after taking pictures of a police officer kicking a suspect 
during a raid. Police allegedly deleted her pictures before returning 
the camera to her the next day.
    There were instances where some government ministers and government 
officials threatened libel actions against newspapers.

    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 
Telecommunication Authority estimated that 11 percent of households had 
direct Internet access. Although there were 162 registered Internet 
chat rooms in the capital city and the districts, the population in the 
interior did not have equal access to the Internet due to 
infrastructural limitations.

    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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination, including anti-Semitic acts. There 
was a declared Jewish community of approximately 150 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 cooperated with the office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers.
    Although the law does not address exile, it was not used 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. Under special circumstances, persons may be granted refugee 
status, and 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 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 constitution provides 
for direct election by secret ballot of the 51 member National Assembly 
every five years. The National Assembly in turn elects the president by 
a two thirds majority vote. If the legislature is unable to do so, the 
constitution provides that the United People's Assembly, composed of 
members of parliament and elected regional and local officials, shall 
elect the president. After generally free and fair elections in May 
2005, the United People's Assembly reelected incumbent Ronald Venetiaan 
as president in August 2005. Political parties could operate without 
restriction or outside interference.
    Historical and cultural factors, as well as societal pressures and 
customs, especially in rural areas, particularly with respect to 
marriage and inheritance, inhibited equal participation by women in 
leadership positions in government and political parties. While women 
made limited gains in attaining political power, men continued to 
dominate political life. There were 13 women in the National Assembly 
and three women in the cabinet. During the year four women were sworn 
in as judges, increasing to five the number of female judges. The head 
clerk of the Court of Justice, that body's highest administrative 
position, was a woman.
    Several factors traditionally limited the participation of 
indigenous Amerindians and Maroons descendants of escaped slaves who 
fled to the interior to avoid recapture in the political process, 
particularly the fact their populations were concentrated in remote 
areas in the interior, removed from the country's centers of political 
activity. There was one Amerindian and three Maroon political parties, 
and voters elected eight Maroons and one Amerindian to the National 
Assembly. The opportunity for Maroons to participate in the political 
process increased when the three Maroon parties formed a coalition (A-
Combinatie) for the 2005 election and became part of the governing 
coalition. A-Combinatie remained active during the year, with three 
Maroons in the cabinet and several others in decision-making positions.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government was not able 
to implement the law effectively. Public allegations and some cases 
indicated that officials at times engaged in corrupt practices with 
impunity or that long delays occurred before such cases were brought to 
trial. The World Bank's worldwide governance indicators reflected that 
government corruption was a problem. A shortage of police personnel 
continued to hamper police investigations of fraud cases.
    There was no legislation regarding public disclosure laws. Various 
sections of the Ministry of Justice and Police, including the Fraud 
Police and the Attorney General's Office, were responsible for 
combating government corruption.
    On August 13, the deputy secretary of the Ministry of Agriculture, 
Animal Husbandry, and Fisheries, John Debipersad, was convicted and 
sentenced to one year's imprisonment on charges of forgery and fraud. 
Debipersad was found guilty of granting fishing permits when he did not 
have the authority to do so.
    On May 13, a judge convicted seven persons for the August 2007 
embezzlement of SRD 6.1 million (approximately $2.1 million) at the 
Ministry of Finance. Individuals were sentenced to jail terms ranging 
from five months to three years and ordered to pay additional fines and 
repay the money they wrongfully took.
    The media frequently reported alleged corrupt practices with regard 
to the acquisition of land by one of the political parties in the 
governing coalition.
    Although the law provides for public access to government 
information, such access was limited in practice for citizens and 
noncitizens, including foreign media. While almost every ministry has 
an information service, onerous bureaucratic hurdles made obtaining 
information very difficult.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of independent domestic human rights groups, such as the 
Organization for Justice and Peace, the Know Your Rights Foundation, 
Allied Collective, and Moiwana generally operated without government 
restriction, investigating and publishing their findings on human 
rights cases. On occasion the Government met with NGOs to discuss their 
complaints, but, according to one local NGO, officials were sometimes 
not cooperative or responsive to their views. No international human 
rights groups operated in the country during the year.
    A parliamentary commission on human rights continued operating 
throughout the year, but resource constraints hampered its 
effectiveness. Parliament also has a commission dealing with women's 
and children's rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race and ethnicity but 
does not address discrimination based on disability, language, or 
social status. While the law does not specifically prohibit gender 
discrimination, it provides for protection of women's rights to equal 
access to education, employment, and property. In practice various 
sectors of the population, such as women, Maroons, Amerindians, persons 
with HIV/AIDS, and homosexuals, suffered various forms of 
discrimination.

    Women.--The law prohibits rape but does not address spousal rape. 
The maximum penalty for rape or forcible sexual assault is 12 years' 
imprisonment. Rape statistics were not readily available, and adult 
rapes were rarely reported in the media.
    Violence against women was a common problem, which the Government 
did not address specifically. The law does not differentiate between 
domestic violence and other forms of assault. During the year the 
Nieuwe Haven Police Unit for Domestic Abuse, the most active such unit 
in the country, reported 191 cases of abuse. An NGO driven network, 
including police units, continued working to combat domestic violence. 
There were four victims' rooms in police stations in Paramaribo and in 
Nickerie, and police units were trained in dealing with victims and 
perpetrators of sexual crimes and domestic violence. There was a 
shelter organized by an NGO for victims of domestic violence.
    Although the law prohibits sexual exploitation, including 
prostitution, in practice prostitution was tolerated. Concerns about 
the link between prostitution and trafficking in persons resulted in 
police raids on brothels and arrests of several prostitutes. Poverty 
continued to put young women at risk of becoming exploited for 
commercial sex. The presence of large groups of illegal workers in the 
gold mining sector in the interior drew young Maroon women and girls 
into commercial sexual exploitation. Police allowed many brothels to 
operate but made bimonthly checks on these establishments to monitor if 
women were being abused, held against their will, or having their 
passports retained by brothel owners to ensure fulfillment of work 
contract obligations.
    While there was no specific legislation on sexual harassment, 
prosecutors could cite various Penal Code articles in filing sexual 
harassment cases.
    Women have the legal right to equal access to education, 
employment, and property; nevertheless, societal pressures and customs, 
especially in rural areas, inhibited their full exercise of these 
rights, particularly with respect to marriage and inheritance. Societal 
pressures on families to have their daughters married at or near the 
legal age of marital consent frequently interfered with these girls' 
education and resulted in the direct passage of all property the women 
would have inherited from their parents to their husbands and parents 
in law in accordance with these customs.
    Men and women generally enjoyed the same rights under property law 
and under the judicial system. The Ministry of Justice and Police 
instituted a special office, the Bureau for Women and Children, to 
ensure the legal rights of women and children.
    Women experienced discrimination in access to employment and in 
rates of pay for the same or substantially similar work. The Government 
did not make specific efforts to combat economic discrimination.
    The National Women's Movement, the most active women's rights NGO, 
continued assisting women in launching small home based businesses, 
such as sewing and vegetable growing, and provided general legal help. 
The Women's Business Group advocated for business opportunities for 
women, while the Women's Parliament Forum advocated for opportunities 
in the public sector. Stop Violence against Women provided assistance 
to victims of domestic violence, including legal help with dissolving 
an abusive marriage. The Maxi Linder Foundation worked with 
prostitutes, including women and children who were victims of 
trafficking, and conducted outreach and informational sessions to 
inform victims about their rights. Resource constraints continued to 
limit the effectiveness of these groups.

    Children.--The Government allocated limited resources to ensure 
safeguards for the human rights and welfare of children. Schooling is 
compulsory until 12 years of age; however, in practice some school age 
children, particularly in the interior, did not have access to 
education due to a lack of transportation, building facilities, or 
teachers. Although school attendance was free through university level, 
most public schools imposed a nominal enrollment fee, ranging from SRD 
25 to SRD 115 (approximately $9 to $40) a year to cover costs. 
Approximately 85 percent of children in cities, but as few as 50 
percent of children in the interior, attended school. Most children 
attended school through middle school (age 16).
    Physical and sexual abuse of children continued to be a problem. 
During the year police received reports of 338 cases of sexual abuse of 
children. The police Youth Affairs Office conducted three visits per 
week to different schools in the capital and the surrounding areas on a 
rotating schedule to provide outreach and raise awareness about child 
abuse and to solicit and investigate complaints. The Youth Affairs 
Office also raised awareness about sexual abuse, drugs, and alcohol 
through a weekly television program.
    According to one study, more than 80 percent of the children in 
Paramaribo, and an even greater percentage elsewhere, were exposed to 
violence. An estimated 10 percent of the victims developed post-
traumatic stress syndrome as a result of serious mental and physical 
damage; in most cases victims lacked professional assistance from the 
Government, according to research conducted in 2006 on behalf of the 
Ministry of Social Affairs and the UN Children's Fund (UNICEF).
    On May 8, a judge convicted the principal of a special needs school 
in Nickerie to three years' imprisonment for sexually abusing 13 of his 
pupils for two years.
    In August a judge sentenced a child care director to eight years' 
imprisonment for sexually abusing eight children at a shelter for 
homeless children in January 2007.
    Various laws were used to prosecute perpetrators of sexual 
harassment, and several cases of sexual abuse against minors came to 
trial. Sentences averaged three years in prison. In the capital there 
were several orphanages and one privately funded shelter for sexually 
abused children.
    While the legal age of sexual consent is 14, it was not enforced 
effectively. The marriage law sets the age of marital consent at 15 for 
girls and 17 for boys, provided parents of the parties agree to the 
marriage. Parental permission to marry is required up to age 21. The 
law also mandates the presence of a Civil Registry official to register 
all marriages.
    Trafficking and commercial sexual exploitation of minors remained a 
problem. According to the Mamio Namen Project Foundation, an NGO 
working to assist HIV infected persons, increased sex tourism led to 
continued sexual exploitation of children, with a marked increase in 
the exploitation of young boys. Two NGOs provided shelters for homeless 
boys.
    UNICEF continued cooperating with the Government in providing 
training to officials from various ministries dealing with children and 
children's rights. UNICEF coordinated its activities with the Bureau 
for Children Rights and the National Steering Committee, which includes 
representatives from the Ministries of Health, Education, Regional 
Development, Planning and Development Cooperation, and Labor.
    On November 21, the Government restarted the ``Children and Youth 
Hotline'' to address the increase in child abuse cases. Youth five to 
20 years of age were invited to call to discuss anything, including 
trafficking.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports of trafficking to, from, and 
within the country.
    The country was primarily a transit and destination country for 
women and children trafficked internationally for the purpose of sexual 
exploitation, although no estimates or reliable numbers were available 
to the extent or magnitude of the problem. Foreign girls and women were 
trafficked from Brazil, the Dominican Republic, Guyana, and Colombia 
for commercial sexual exploitation; some transited the country en route 
to Europe. Chinese and Haitians reportedly were trafficked into the 
country for purposes of labor exploitation. The majority of these girls 
and women reportedly were unaware that they would be forced into 
prostitution.
    Principal traffickers included brothel owners or other persons 
active in the sex trade. There was an active sex industry in the gold 
mining camps in the interior. Traffickers reportedly trafficked victims 
under false pretenses, telling them that they would be working in the 
catering industry. Chinese nationals transiting the country risked debt 
bondage to these migrant smugglers; men were exploited in forced labor 
and women in commercial sexual exploitation. Authorities also noted 
that ``snake heads,'' Chinese trafficking organizations, were active. 
There also were reports of underage girls and boys trafficked by 
recruiters or caretakers within the country for prostitution.
    The Penal Code specifically prohibits trafficking in persons for 
both sexual and non sexual purposes. The law covers both internal and 
external forms of trafficking. The penalties for trafficking in persons 
for sexual exploitation and for trafficking for labor exploitation, 
such as forced or bonded labor and involuntary servitude, range from 
five to 20 years' imprisonment.
    Government efforts to investigate and prosecute traffickers 
continued. During the year authorities arrested four persons and 
prosecuted three persons under trafficking in persons charges.
    There were reports that government officials, including consular 
affairs, customs, and immigration officers, fostered an environment 
conducive to trafficking in persons by allowing individuals who were 
not bona fide visitors to enter the country.
    On September 28, police closed the nightclub House of Mouse in 
Nickerie and arrested the nightclub manager and two other individuals 
suspected of trafficking two underage Guyanese girls forced to work at 
the club as prostitutes.
    On May 27, a court convicted Hong Zhang and his wife, Calcate 
Almara Barbosa, owners of the nightclub Diamond in the Nickerie 
district on charges of trafficking Brazilian women to the country and 
sentenced them, respectively, to 12 months' and four months' 
imprisonment.
    The 2006 case against four brothel owners involved in trafficking 
women from the Dominican Republic was dismissed after the women 
withdrew their statements that they were forced to work as prostitutes.
    The Government's Antitrafficking Working Group, which has primary 
responsibility for interagency coordination on antitrafficking efforts, 
met monthly to assess progress and coordinate new action steps. Police 
cooperated with counterparts in Guyana, Trinidad and Tobago, and the 
Dominican Republic, and justice officials sought improved mechanisms 
for cooperation with Colombia, the Netherlands Antilles, and French 
Guiana.
    The Public Prosecutor's Office and the police continued a registry 
of all brothels and their employees by nationality. Although 
prostitution is illegal, the police had informal agreements with many 
brothel owners allowing them to operate. The Special Anti-trafficking 
Police Unit conducted bimonthly checks to ensure that women were not 
mistreated, that no minors were present, and that owners did not keep 
the women's airline tickets or passports. Two brothels in the Nickerie 
district were closed during the year.
    The police unit discontinued visits to cyber cafes to prohibit 
people from performing sexual acts in front of webcams.
    The Government's ``Children and Youth Hotline'' was available to 
youth to discuss all concerns, including trafficking.
    In December media reports indicated that 11 persons were brought to 
the country under false pretenses and worked in a motorbike assembly 
store in Lelydorp, Wanica, in poor working conditions without pay. The 
victims alleged that the company's director came to Indonesia and 
offered them jobs. In November the group protested their working 
conditions and demanded remuneration; thereafter they were fired from 
the factory and sought refuge in the Indonesian Embassy.
    The TIP Foundation, which is a member of the Government's 
antitrafficking working group, is responsible for victim protection. 
While there was no shelter designated solely for trafficking victims, 
the TIP Foundation arranged shelter and provided other services for 
trafficking victims, including foreign victims.
    Victims could file suit against traffickers, but few victims came 
forward. Women arrested in brothel raids as immigration violators and 
who did not indicate they were trafficked were deported, but 
authorities sought to treat identified victims as material witnesses 
needing protection rather than as criminals. An NGO receiving 
government funding, the Maxi Linder Foundation, continued working with 
trafficking victims, providing counseling and rehabilitative training.
    The Government continued operating a trafficking-in-persons 
awareness campaign funded by the International Organization for 
Migration and focusing on the Chamber of Commerce, Youth Parliament, 
and the various districts.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--No laws prohibit discrimination against 
persons with physical or mental disabilities in employment, education, 
access to health care, or the provision of state services. There are no 
laws, provisions, or programs requiring access to buildings for persons 
with disabilities. Some training programs were provided for the blind 
and others with disabilities. In general persons with disabilities 
suffered from discrimination when applying for jobs and services. A 
Ministry of Social Affairs working group remained responsible for 
protecting the rights of persons with disabilities but made limited 
progress during the year.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination on the basis of race or ethnicity, and no such 
discrimination complaints were filed during the year. Nonetheless 
Maroons, who represent approximately 15 percent of the population, 
generally continued to be disadvantaged in the areas of education, 
employment, and government services. Most Maroons lived in the interior 
where limited infrastructure narrowed their access to educational and 
professional opportunities and health and social services. Some forms 
of discrimination that affected indigenous Amerindians also extended to 
Maroons.
    During the year no progress was made on the execution of the Inter 
American Court of Human Rights ruling on a 2006 case involving 12 
Saramaccan clans who claimed authority over 60 villages in the Upper 
Suriname River area. In November 2007 the court ruled that the 
Government must recognize the collective land rights of the Saramaccan 
clans, draft legislation that complies with international treaties, 
establish a development fund of SRD 1,680,000 ($600,000), and begin 
demarcation by February 2008. However, there were constitutional issues 
preventing the demarcation of land claimed by ethnic groups.

    Indigenous People.--The law affords no special protection for, or 
recognition of, indigenous people. Most Amerindians (approximately 3 
percent of the population) suffered a number of disadvantages and had 
only limited ability to participate in decisions affecting their lands, 
cultures, traditions, and natural resources. The country's political 
life, educational opportunities, and jobs were concentrated in the 
capital and its environs, while the majority of Amerindians (as well as 
Maroons) lived in the interior, where government services were largely 
unavailable.
    Because Amerindian (and Maroon) lands were not effectively 
demarcated, populations continued to face problems with illegal and 
uncontrolled logging and mining. Organizations representing Maroon and 
Amerindian communities complained that small scale mining operations, 
mainly by illegal gold miners, dug trenches that cut residents off from 
their agricultural land and threatened to drive them away from their 
traditional settlements. Mercury runoff from these operations also 
contaminated and threatened traditional food source areas. Many Maroon 
and Amerindian groups also complained about the Government granting 
land to third parties within their traditional territories.
    Maroon and Amerindian groups continued to cooperate with each other 
to exercise their rights more effectively. Moiwana and other NGOs 
continued to promote the rights of indigenous people.

    Other Societal Abuses and Discrimination.--Although the law 
prohibits discrimination on the basis of sexual orientation, there were 
reports that homosexuals continued to suffer from employment 
discrimination.
    Persons with HIV/AIDS continued to experience societal 
discrimination in employment and medical services. An NGO working with 
HIV infected persons reported that law enforcement agencies and the 
fire department conducted HIV testing as part of their hiring 
procedures.
    The Ministry of Health continued its efforts to prevent mother to 
child transmission of HIV/AIDS, through a comprehensive outreach 
program involving local health care providers, which achieved its goal 
of voluntary testing of 90 percent of expectant mothers. The military 
continued its ongoing HIV/AIDS awareness program among troops.
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 did so in practice. Nearly 60 
percent of the workforce was organized into unions, and most unions 
belonged to one of the country's seven major labor federations. Unions 
were independent of the Government but played an active role in 
politics.
    The law provides for the right to strike, and workers in both 
public and private sectors exercised this right in practice.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law, and the Government generally enforced 
this right in practice. Collective bargaining agreements covered 
approximately 50 percent of the labor force. Legislation prohibits 
employer interference in union activities.
    There are no export processing zones.

    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 such practices occurred.
    On March 13, Korean boat captain Lee Chang Joo was arrested on 
charges of labor trafficking. The Korean captain forced four Vietnamese 
fishermen to work on his boat under inhumane conditions and with no 
pay. On August 11, a court sentenced him to six years' imprisonment.
    On November 7, two Surinamers were arrested on charges of labor 
trafficking, participation in a criminal organization, and fraud. The 
two allegedly recruited Surinamers for a cooking course in Trinidad and 
Tobago but provided the Surinamers as forced labor upon arrival in that 
country. The investigation continued at year's end.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
country's labor laws do not define the worst forms of child labor or 
hazardous work, and the Government does not have a comprehensive policy 
or national program of action on child labor.
    The law sets the minimum age for employment at 14 years and 
restricts working hours for minors to day shifts; however, it does not 
specify the length of such day shifts or set work hours more 
restrictive than the 40-hour week for the regular workforce. Children 
younger than 18 are prohibited from doing hazardous work, defined as 
work dangerous to their life, health, and decency; those younger than 
14 are allowed to work only in a family or special vocational setting 
or for educational purpose. However, the Ministry of Labor and the 
police enforced this law sporadically, and child labor remained a 
problem in the informal sector, especially in the western districts of 
Nickerie and Saramacca, as children faced increasing economic pressure 
to discontinue their education to seek employment.
    Children under 14 worked as street vendors, newspaper sellers, rice 
and lumber mill workers, packers for traders, shop assistants, and in 
the gold mining sector and reportedly in the commercial sex industry. 
Employers in these sectors did not guarantee work safety, and children 
often worked barefoot and without protective gloves, with no access to 
medical care. Although government figures reported that only 2 percent 
of children were economically active, there was a lack of statistical 
data on the labor environment and child labor situation in the country. 
The worst forms of child labor, such as commercial sexual exploitation, 
remained a problem; there were reports of commercial sexual 
exploitation of children and teenagers by caretakers and older 
recruiters.
    The Ministry of Labor's Department of Labor Inspection, with 46 
inspectors, has responsibility to implement and enforce labor laws, 
including those pertaining to the worst forms of child labor; however, 
enforcement was inadequate. Inspectors visited private sector companies 
throughout the country, but no data was available regarding the number 
of inspections performed during the year. The Government did not 
investigate exploitive child labor cases outside urban areas. Labor 
inspectors were not authorized to conduct inspections in the informal 
sector as responsibility for controlling the informal sector lies with 
the police.
    The police continued raids on known child labor locations in 
Paramaribo, including street venues where underage vendors worked, as 
well as nightclubs, casinos, and brothels.
    Although the Government provided no programs to remove children 
from the worst forms of child labor, it supported vocational programs 
for dropouts and older children to serve as an alternative to underage 
labor.
    In September legislation establishing the National Commission for 
the Eradication of Child Labor was approved. The National Commission's 
mandate includes formulating national policy regarding the eradication 
of child labor, initiating specific programs for indigenous children, 
and monitoring the country's compliance with international child labor 
standards.

    e. Acceptable Conditions of Work.--There is no legislation 
providing for a minimum wage. The lowest wage for civil servants was 
approximately SRD 600 ($214) per month, including a cost of living 
allowance, which did not provide a decent standard of living for a 
worker and family. Government employees, who constituted approximately 
50 percent of the 100,000 member workforce, frequently supplemented 
their salaries with second or third jobs, often in the informal sector. 
The president and the Council of Ministers set and approved civil 
service wage increases.
    Work in excess of 45 hours per week on a regular basis requires 
special government permission, which was granted routinely. Such 
overtime work earned premium pay. The law prohibits excessive overtime 
and requires a 24 hour rest period per week.
    The Government sets occupational health and safety standards, and a 
10- to 12-member inspectorate in the Occupational Health and Safety 
Division of the Ministry of Labor is responsible for enforcing 
occupational safety and health regulations, but it did not make regular 
inspections. There is no law authorizing workers to refuse to work in 
circumstances they deem unsafe; they must appeal to the inspectorate to 
declare the workplace situation unsafe.

                               __________

                          TRINIDAD AND TOBAGO

    Trinidad and Tobago is a parliamentary democracy governed by a 
prime minister and a bicameral legislature, with a population of 
approximately 1.3 million. Tobago has a House of Assembly that has some 
administrative autonomy over local matters on that island. In November 
2007 elections, which observers considered generally free and fair, 
Prime Minister Patrick Manning's People's National Movement (PNM) 
secured a 26 to 15 seat victory over the United National Congress 
(UNC). 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 killings 
during apprehension or custody, inmate illness and injuries due to poor 
prison conditions, high-profile cases of alleged bribery, violence 
against women, inadequate services for vulnerable children, and unsafe 
working conditions.
                        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, 
43 persons died during the year while in police custody or at the hands 
of law enforcement authorities. Authorities investigated or opened 
inquests into all such killings, but only 6 percent of inquiries into 
police killings of civilians have been completed since 1999. In cases 
where charges were brought, 50 percent of the officers were acquitted.
    On April 10, police killed Mustapha Edwards during an alleged 
shootout with Edwards and another assailant. Eyewitnesses claimed that 
police harassed Edwards before shooting him in an alleged execution 
style. An investigation continued at year's end.
    On October 6, police officers shot and killed Karim Saint Aimee 
near his home in Laventille. According to police reports, Saint Aimee 
was running in an area where residents had reported a gunman, and the 
police returned shots after Saint Aimee pointed and fired his gun. 
However, an eyewitness account claimed that Aimee did not fire his 
weapon. An investigation continued at year's end.
    On October 9, police officers shot and killed Russel Samuel. 
According to police reports, when police approached him, Samuel pulled 
a firearm from his waist and shot toward the police. Autopsy reports 
indicated that Samuel died from internal and external bleeding and 
trauma to the chest. The report also stated that Samuel had three entry 
wounds in his back. A police investigation continued at year's end.
    On February 27, a preliminary judicial inquiry ruled that Sheldon 
Des Visgnes was accidentally killed by crossfire in November 2007 when 
a police officer was defending himself.
    On June 6, a forensic report contradicted an earlier police report 
and confirmed that none of the four men seated in a vehicle in 
Laventille whom police shot and killed in August 2007 had gunpowder 
residue on their hands. In addition no guns were found, and eyewitness 
accounts allegedly confirmed that no one inside the car fired a shot. 
At year's end the Special Branch police report had yet to be submitted.
    On July 29, a coroner's inquest concluded that the police officers 
who shot and killed Joel Charles in April 2007 did so in self-defense.
    There were no developments in investigations or inquests into the 
2006 police killings of Stefan Mills and Noel French.
    During the year authorities extradited the remaining four suspects, 
two of them former members of the defense force, charged with the 2005 
kidnapping and killing of Balram Bachu Maharaj.
    On February 26, a judge acquitted the police officers responsible 
for Sherman Monseque's 2004 death, citing a lack of evidence.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. Criminal kidnappings remained a serious problem, 
increasing to 178 from 162 in 2007.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and the law prohibit such 
practices, there were credible reports that police officers and prison 
guards mistreated individuals under arrest or in detention.

    Prison and Detention Center Conditions.--Conditions in the prison 
system's eight facilities were somewhat upgraded but continued to be 
harsh. According to the prison service commissioner, the Port of Spain 
prison, originally designed to accommodate 250 inmates, held 528 
prisoners, compared with 599 in 2007. At peak levels, the maximum 
number of prisoners in a 10- by 10-foot cell increased from eight to 
10.
    On October 3, a High Court judge ruled in favor of convicted 
murderer Colin Edghill's complaint that the conditions at the Port of 
Spain prison were debasing and dehumanizing to both prisoners and to 
prison officers. In the ruling, the judge cited concerns about air, 
light, sanitation, hygiene, exercise, and food. According to the prison 
commissioner, two new prisons were under construction, and temporary 
converted storage facilities might be used to remedy the situation.
    Prison authorities reported bringing charges against 25 prison 
officers for assault and battery or for poor conduct on the job, 
including possession of narcotics and provision of cell phones to 
inmates.
    On May 30, Sunil Ali, who allegedly raped and murdered eight-year-
old Hope Arismendez, hanged himself while in custody at the Golden 
Grove prison. An official report made public on October 8 indicated 
that an inmate assisted Ali with his suicide.
    On September 24, a judge ruled that prison officers used excessive 
force in beating inmate Fitzroy Campo in 2006 at the Port of Spain 
prison. He awarded Campo financial compensation for general and 
exemplary damages.
    There were no developments in the inquest into the August 2007 
death of Golden Grove prisoner Letroy Beepath, who allegedly died from 
blunt force to the chest while in remand custody.
    Pretrial detainees were held separately from convicted prisoners, 
usually in the remand section of the same facilities as convicted 
prisoners. However, convicted prisoners often were held in the remand 
section until they exhausted their appeals. Since there is no female 
youth facility, some underage female prisoners were placed in the 
Golden Grove women's prison. Although conditions at the women's prison 
were better than those in Port of Spain prison, it occasionally became 
overcrowded, since it held both women on remand and those serving 
prison sentences.
    The Government permitted prison visits by independent human rights 
observers, but the Ministry of National Security must approve each 
visit.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.
    On February 27, a High Court judge ruled that the Government was 
liable for Shastri Ramnarine's unlawful detention and verbal abuse by 
police officers in 2004 and ordered compensation for Ramnarine.

    Role of the Police and Security Apparatus.--The Ministry of 
National Security oversees the police service, the prison service, and 
the defense force. The police service maintains internal security, 
while the defense force is responsible for external security but also 
has certain domestic security responsibilities. An independent body, 
the Police Service Commission, makes hiring and firing decisions in the 
police service, and the ministry has little direct influence over 
changes in senior positions.
    The national police force comprises nine divisions, including 17 
specialized branches, with approximately 7,000 members. The Police 
Service Commission, in consultation with the prime minister, appoints a 
commissioner of police to oversee the police force. Municipal police 
under the jurisdiction of 14 regional administrative bodies supplement 
the national police force. The Special Anticrime Unit, composed of both 
police and defense force personnel, combats violent crime-including 
kidnappings for ransom-and carries out other security operations.
    Police corruption continued to be a problem, with some officials 
suggesting there were officers who participated in corrupt and illegal 
activities. The Police Complaints Authority receives complaints about 
the conduct of police officers for transmittal to the Complaints 
Division of the Police Service, where uniformed officers investigate 
them. The authority simply monitors the division's investigations and 
its disciplinary measures. Police Service Commission restrictions 
limited the division's ability to dismiss police officers. The public 
had little confidence in the police complaints process because the 
authority had no power to investigate complaints and because those 
investigating complaints against the police were themselves police 
officers.
    On March 4, a woman claimed that police constable Stephen Jerome 
raped her during a visit to the Arouca police station where she had 
gone to inquire about a domestic violence report. The court prosecutor 
asserted that Jerome refused to provide a DNA sample; the judge set 
bail and ordered collection of DNA. At year's end, the trial was 
pending.
    On March 19, two soldiers allegedly raped a woman at gunpoint after 
she snuck into Camp Ogden to visit another soldier. Medical examiners 
confirmed that she was sexually assaulted. Both an army and police 
investigation were underway at year's end.
    On March 24, a senior police officer allegedly swam nude with four 
female Colombian detainees, fed them, and then returned to the police 
station where he proceeded to have sex with them. An official 
investigation began after another officer confirmed the allegation.
    On May 8, authorities brought charges against three detectives who 
allegedly robbed the son of a senior police officer in 2006. Although 
the investigation was completed in January 2007, all three accused were 
still serving officers and were to provide testimony in several pending 
cases at year's end.

    Arrest and Detention.--A police officer may arrest a person either 
based on a warrant issued or authorized by a magistrate or without a 
warrant when the officer witnesses the commission of an alleged 
offense. Detainees, as well as those summoned to appear before a 
magistrate, must appear in court within 48 hours. In the case of more 
serious offenses, the magistrate either commits the accused to prison 
on remand or allows the accused to post bail, pending a preliminary 
inquiry. Detainees were granted prompt access to a lawyer and to family 
members.
    There is a functioning bail system, although persons charged with 
murder, treason, piracy, kidnapping for ransom, hijacking and persons 
convicted twice of violent crimes are ineligible for a period of 60 
days following the charge. However, a judge may still grant bail to 
such persons under exceptional circumstances. Where bail was refused, 
magistrates advised the accused of their right to an attorney and, with 
few exceptions, allowed them access to an attorney once they were in 
custody and prior to any interrogation.
    The minister of national security may authorize preventive 
detention in order to preclude actions prejudicial to public safety, 
public order, or national defense, in which case the minister must 
state the grounds for the detention. There were no reports that the 
authorities abused this power.
    Lengthy pretrial detention resulting from heavy court backlogs and 
an inefficient judicial system continued to be a problem. Out of a 
prison population of 3,803, 1,595 inmates awaited trial at year's end, 
compared with 578 in 2007. Of the 212 female prisoners, 108 inmates 
awaited trial at year's end. Many persons under indictment waited 
months, if not years, for their trial dates in the High Court. An added 
inefficiency resulted from the legal requirement that anyone charged 
and detained must appear in person for a hearing before magistrate's 
court every 10 days, if only to have the case postponed for a further 
10 days, pending conclusion of the investigation. Officials cited an 
increase in the number of arrests and an antiquated note-taking system 
in most magistrate courts as explanations for the backlog.

    e. Denial of Fair Public Trial.--The constitution and the law 
provide for an independent judiciary, and the Government generally 
respected this provision in practice. Although the judicial process was 
generally fair, it was slow due to backlogs and inefficiencies. 
Additionally, prosecutors as well as judges stated that witness 
intimidation increased.
    The judiciary is divided into the Supreme Court of Judicature and 
the magistracy. The Supreme Court is composed of the High Court and a 
Court of Appeal. The magistracy includes the summary courts and the 
petty civil courts.

    Trial Procedures.--Magistrates try both minor and more serious 
offenses, but in the case of more serious offenses, the magistrate must 
conduct a preliminary inquiry. Trials are public, and juries are used 
in the High Court. Defendants have the right to be present, are 
presumed innocent until proven guilty, and have the right to appeal. 
All defendants have the right to consult with an attorney in a timely 
manner. An attorney is provided at public expense to defendants facing 
serious criminal charges, and the law requires provision of an attorney 
to any person accused of murder. Although the courts may appoint 
attorneys for indigent persons charged with serious crimes, an indigent 
person may refuse to accept an assigned attorney for cause and may 
obtain a replacement. Defendants can confront or question witnesses 
against them, can present witnesses and evidence on their own behalf, 
and have access to government-held evidence relevant to their cases.
    Both civil and criminal appeals may be filed with the Court of 
Appeal and ultimately with the Privy Council in the United Kingdom.

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

    Civil Judicial Procedures and Remedies.--The constitution and the 
law provide for an independent and impartial judiciary in civil 
matters, and citizens are free to file lawsuits against civil breaches, 
in both the High Court and petty civil court. The High Court may review 
the decisions of lower courts, may order parties to cease and desist 
from particular actions, may compel parties to take specific actions, 
or may award damages to aggrieved parties. However, the petty civil 
court is authorized to hear only cases involving damages of up to 
TT$15,000 (approximately $2,500).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and the law prohibit such actions, 
and the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and the law 
provide for freedom of speech and of the press, and the Government 
generally respected these rights in practice.
    On November 4, the prime minister visited a local radio station to 
protest the manner in which two newscasters were commenting on the 
Government's budget, and the station manager subsequently suspended the 
two broadcasters. Some government critics responded by charging 
intimidation and abuse of authority. The prime minister defended his 
action by asserting that no intimidation took place and that he acted 
within the rights provided every citizen to counter false or incorrect 
information. Commenting on the matter, the minister of information 
underscored the Government's commitment to press freedom, but urged all 
media to report ``accurately and with balance.''

    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 
and the law provide for these freedoms, 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.--In 2006 a High Court judge 
ruled that the country's highest award, the Trinity Cross, was 
discriminatory to non-Christians. That ruling did not alter the name of 
the award, and in August, the Government officially renamed it the 
Order of the Republic of Trinidad and Tobago.
    On August 8, unidentified vandals broke into a prominent Hindu 
temple where they defiled religious idols. This desecration occurred 
almost exactly one year after a 2007 break-in at a Hindu temple in the 
central part of the country. The nongovernmental Inter Religious 
Organization did not believe the vandalism was religiously motivated. 
Police had not made any arrests in the cases at year's end.
    There were no other reports of societal abuses or discrimination, 
including anti-Semitic acts. The Jewish community was extremely 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 various laws 
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 it was not used.

    Protection of Refugees.--Although the Government acceded to the 
1951 UN Convention relating to the Status of Refugees and its 1967 
protocol, it had not passed legislation to implement its obligations 
under the convention. 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 
placed asylum seekers in the care of the Living Water Community, a 
local Catholic social services agency, while their cases were reviewed 
by UNHCR and final resolution reached. Pending Parliament's approval of 
legislation implementing the UN convention and its protocol, the 
Ministry of National Security's Immigration Division handled all 
requests for asylum on a case-by-case basis.
    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 provide temporary protection to persons who 
may not qualify as refugees. The Living Water Community provided such 
persons with needed social services and reported 18 new asylum seekers 
and 115 refugees seeking assistance as of October 31.
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.--Observers found the 
November 2007 national elections to be generally free and fair, 
although during the campaign period there were incidents of vandalism 
and violence that, while mild, were more pronounced than in past 
elections. A plurality of voters supported the PNM, which retained 
control of the Government. The two major political parties are the PNM, 
which is primarily, but not exclusively Afro-Trinidadian, and the UNC, 
which is primarily but not exclusively Indo-Trinidadian. A third party 
formed in 2006, the Congress of the People (COP), failed to win any 
seats in the latest election. The COP and all other parties state their 
goal is to create a broad-based national political consensus spanning 
all racial, ethnic, and religious groups.
    Voters elected the 41-member House of Representatives, and there is 
an appointed Senate composed of 31 persons. Of the 72 persons in both 
houses of Parliament, 23 were women; there were 11 women in the 28-
member cabinet; and 12 female judges among the 37 judges on the High 
Court and the Court of Appeals. All major political parties reached out 
to voters from relatively small ethnic minorities, such as the Chinese, 
Syrian, Lebanese, and European-origin communities, and members of these 
groups held important positions in government. There were no members of 
these minorities in the legislature or in the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. However, the World Bank's worldwide 
governance indicators reflected that government corruption was a 
problem.
    The Integrity in Public Life Act mandates that public officials 
disclose their assets, income, and liabilities to an Integrity 
Commission. Critics charged that the commission lacks credibility as 
often it was used as a political tool. In the past, many officials and 
candidates for public office were reluctant to comply with the 
disclosure provisions, claiming that such disclosures would make them 
and their families a target of kidnappings for ransom. The attorney 
general reportedly was reviewing the act to determine who could be 
exempt.
    In June several allegations of corruption were made against the 
Urban Development Company, a state enterprise. The prime minister 
agreed to establish a commission of inquiry, which was scheduled to 
begin hearings in January 2009.
    In February the Privy Council heard the case of UNC Party Chairman 
and Parliamentary Opposition Leader Basdeo Panday, convicted in 2006 of 
failing to disclose a London bank account, and ruled that he should 
receive a retrial. At year's end the matter was pending.
    An investigation continued into the 2006 charges against Hafeez 
Karamath, part owner of a desalination company, who was accused of 
conspiring in 1998-99 to enrich himself by manipulating a bid for a 
contract to supply desalinated water to the Government's Water and 
Sewer Authority. The case was in abeyance pending extradition 
proceedings.
    The 2005 bribery allegations against former PNM minister of works 
and transport and party chairman Franklin Khan continued to be heard in 
the courts and to be investigated by the authorities. In a related 
case, the director of public prosecutions applied to the High Court to 
reconsider trying former PNM minister of energy and energy industries 
Eric Williams on seven corruption charges, but no decision had been 
made by year's end.
    The courts continued to hear a case that implicated the most senior 
members of the 1995-2001 UNC government in embezzlement and bid-rigging 
on the Piarco Airport expansion project. At year's end the corruption 
case against then prime minister Panday, charging that he had accepted 
a bribe that led his government to favor a contractor on the project, 
was still being heard in the courts.
    The Freedom of Information Act provides for public access to 
government documents, upon application. However, critics charged that a 
growing number of public bodies were exempted from the act's coverage. 
The Government countered that the exemptions were intended to avoid 
frivolous requests and searches for 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 human 
rights cases and publishing their findings. Government officials 
generally were cooperative and responsive to their views.
    The ombudsman investigates citizens' complaints concerning the 
administrative decisions of government agencies. Where there is 
evidence of a breach of duty, misconduct, or criminal offense, the 
ombudsman may refer the matter to the authority competent to take 
appropriate remedial action. The ombudsman has a quasi-autonomous 
status within the Government and publishes a comprehensive annual 
report. Both the public and the Government had confidence in the 
integrity and the reliability of the office of the ombudsman and the 
ombudsman's annual report.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Government generally respected in practice the constitutional 
provisions for fundamental human rights and freedoms for all without 
discrimination based on race, origin, color, religion, social status, 
or gender.

    Women.--Rape, including spousal rape, is illegal and punishable by 
up to life imprisonment, but the courts often handed down considerably 
shorter sentences. The Government and nongovernmental organizations 
(NGOs) reported that many incidents of rape and other sexual crimes 
were unreported, partly due to perceived insensitivity on the part of 
the police. One group, the Rape Crisis Society, stated that there were 
229 new cases of rape reported during the year, in addition to 615 
continuing investigations. Over 60 percent of its clients were between 
12 and 26 years of age.
    Many community leaders asserted that abuse of women, particularly 
in the form of domestic violence, continued to be a significant 
problem. The law provides for protection orders separating perpetrators 
of domestic violence, including abusive spouses, from their victims, as 
well as for penalties that include fines and imprisonment. While 
reliable national statistics were not available, women's groups 
estimated that from 20 to 25 percent of all women suffered abuse. 
Citing a 10 percent increase in the number of domestic violence cases 
filed in the magistrate's court during the previous year's law term, 
outgoing Chief Justice Sharma asserted that domestic abuse was a 
detriment to the country's peace and security. In January the Attorney 
General's Office provided a domestic violence manual to law enforcement 
officials.
    NGOs charged that police were often lax in enforcing the law. The 
Division of Gender Affairs (DGA) in the Ministry of Community 
Development, Culture, and Gender Affairs operated a 24-hour hot line 
for victims of rape, spousal abuse, and other violence against women, 
referring callers to eight shelters for battered women, a rape crisis 
center, counseling services, support groups, and other assistance.
    Prostitution is illegal, and the authorities continued to monitor, 
investigate, and prosecute major operators believed to be engaged in 
soliciting for prostitution. On January 20, police arrested 42 women 
involved in a prostitution ring, many of whom had entered the country 
illegally. The authorities deported many of them.
    No laws specifically prohibit sexual harassment. Although related 
statutes could be used to prosecute perpetrators of sexual harassment, 
and some trade unions incorporated antiharassment provisions in their 
contracts, both the Government and NGOs suspected that many incidents 
of sexual harassment went unreported.
    Women generally enjoyed the same legal rights as men, including 
employment, education, and inheritance rights. No laws or regulations 
require equal pay for equal work. While equal pay for men and women in 
public service was the rule rather than the exception, both the 
Government and NGOs noted considerable disparities in pay between men 
and women in the private sector, particularly in agriculture.
    The DGA had primary government responsibility for protecting 
women's rights and women's advancement and sponsored income-generation 
workshops for unemployed single mothers, nontraditional skills training 
for women, and seminars for men on redefining masculinity.

    Children.--A lack of funds and expanding social needs challenged 
the Government's ability to carry out its commitment to protect the 
rights and welfare of children.
    Education is compulsory up to the age of 12, and public education 
is free for all elementary and secondary students up to the age of 20. 
Some parts of the public school system failed to meet the needs of the 
school-age population due to overcrowding, substandard physical 
facilities, and occasional classroom violence.
    The Domestic Violence Act provides protection for children abused 
at home. The Ministry of Education's Student Support Services Division 
reported that young school children were vulnerable to rape, physical 
abuse, and drug use and that some had access to weapons or lived with 
drug-addicted parents. Abused children removed from the home were first 
assessed at a reception center for vulnerable children and then placed 
with relatives, government institutions, or NGOs. According to the Rape 
Crisis Society, there were 81 child sexual abuse cases, a decrease from 
126 cases in 2007. Officials believed that this may not be a result of 
a decrease in incidents, rather a decrease in reporting. Other sources 
cited training and distribution of the new domestic abuse handbook as a 
possible reason for fewer cases. The Coalition against Domestic 
Violence operated Childline, a free and confidential telephone hot line 
for at-risk or distressed children and young persons up to age 25. 
During the year Childline received 9,475 calls, 46 percent from girls 
and 54 percent from boys.
    There were a number of cases of children who, either in their own 
homes or in institutional settings, were abused or, in some cases, 
tortured. On May 24, eight-year-old Hope Arismendez was reported 
missing, and police found her dead body in a cane field five days 
later. The girl had been beaten, raped, and her throat slit, allegedly 
by her mother's common-law husband.
    The law defines a child as under 18 years of age, outlaws corporal 
punishment for children, and prohibits sentencing a child to prison. 
One law sets the minimum legal age of marriage at 18 for both males and 
females; however, in practice the minimum legal age of marriage is 
determined by the distinct laws and attitudes of the various religious 
denominations. Under the Muslim Marriage and Divorce Act, the minimum 
legal age of marriage is 16 for males and 12 for females, while under 
the Hindu Marriage Act and the Orisa Marriage Act, the minimum legal 
age of marriage is 18 for males and 16 for females.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, but perpetrators could be prosecuted under 
several related laws. Although media reports asserted that trafficking 
in persons was a growing problem, law enforcement officials stated that 
they had no reports of trafficking of nationals to, from, through, or 
within the country. They acknowledged occasional irregular migration by 
foreign women, often for purposes of prostitution, who were deported 
when discovered.
    The Sexual Offenses Act prohibits procurement of a person for the 
purpose of sexual intercourse with another person, and procuring a 
person to become an inmate of a brothel or to frequent a brothel. The 
Kidnapping Act also provides that if a person takes, entices away, 
abducts, seizes, or detains any person without his consent, or with his 
consent obtained by fraud or duress, and if a person without lawful 
excuse is held, confined, restricted or imprisoned, the one who 
performs these acts commits an offense. Penalties for violations of 
these laws range from seven years' to life imprisonment. There were no 
such prosecutions during the year.
    The Government had not designated a specific agency to combat 
trafficking in persons, and it sponsored no public awareness campaigns 
to address this issue during the year. The Government cooperated with 
the International Organization for Migration, which continued a 
Strengthening Technical Capacity project to bolster capabilities of the 
Immigration Division and other law enforcement agencies. Domestic NGOs 
were available to provide care and protection to trafficking victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There are no statutes either 
prohibiting discrimination on the basis of disability or mandating 
equal access for persons with disabilities to the political process, 
employment, education, transportation, housing, health care, and other 
citizen services.
    In practice persons with disabilities faced discrimination and 
denial of opportunities in the form of architectural barriers, employer 
reluctance to make necessary accommodations that would enable otherwise 
qualified job candidates to work, an absence of support services to 
assist children with special needs to study, lowered expectations of 
the abilities of persons with disabilities, condescending attitudes, 
and disrespect. According to the NGO Disabled People's International 
(DPI), the majority of public schools and most government and 
commercial facilities were inaccessible to wheelchair users, and there 
were only five buses modified to accommodate the country's 125,000 
persons with disabilities. However, the national library was widely 
regarded as a model of barrier-free design and genuinely equal service 
to patrons with disabilities. In addition a few commercial facilities, 
such as some supermarkets, made parking spaces available to shoppers 
with disabilities.
    The Hall of Justice's wheelchair access was completed in response 
to a 2007 high court ruling. In addition the Government completed work 
making five stadiums, seven indoor sports arenas, and five community 
pools accessible to persons with disabilities. According to DPI 
officials, although the pace is slow, improvements continued. They 
estimated that 16 percent of the total population were persons with 
disabilities, although no census data were available. The Government 
provides some funding to NGOs such as the DPI.

    National/Racial/Ethnic Minorities.--The country's diverse racial 
and ethnic groups lived together in what appeared on the surface to be 
peace and mutual respect. However, nonviolent racial tensions regularly 
emerged between Afro-Trinidadians and Indo-Trinidadians, who each made 
up approximately 40 percent of the population.
    Indo-Trinidadians and persons of European, Middle Eastern, and 
Asian descent predominated in the private sector, and Indo-Trinidadians 
also predominated in agriculture. Afro-Trinidadians were employed 
heavily in the civil service, the police, and the defense force. Some 
Indo-Trinidadians asserted that they were not equally represented in 
senior civil service and security force positions and among winners of 
state-sponsored housing grants and scholarships.

    Indigenous People.--A very small group of persons identified 
themselves as descendants of the country's original Amerindian 
population. The Government effectively protected their civil and 
political rights, and they were not subject to discrimination.

    Other Societal Abuses and Discrimination.--Although the law 
criminalizes consensual homosexual relations, providing penalties of up 
to 10 years' imprisonment, the Government generally did not enforce 
such legislation. The Equal Opportunities Act does not specifically 
include gays and lesbians. Gay rights groups reported that there 
remained a stigma related to homosexuality in the country.
    HIV/AIDS was viewed as a significant medical concern for the 
Government and society. Incidents of violence against this group were 
usually isolated events.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
including those in state-owned enterprises, may form and join unions of 
their own choosing without prior authorization. The law also provides 
for the mandatory recognition of a trade union when it represents 51 
percent or more of the workers in a specified bargaining unit. The 
Government's Registration and Certification Board, however, determines 
whether a given workers' organization meets the definition of a 
bargaining unit and can limit union recognition by this means. The 
Government was consistently unwilling to negotiate with public sector 
unions and refused to amend its legislation on ``essential services'' 
and collective bargaining to conform with International Labor 
Organization conventions.
    According to the National Trade Union Center, one of two umbrella 
organizations in the labor movement, 22-24 percent of the workforce was 
organized in approximately 25 active unions. Most unions were 
independent of government or political party control, although the 
Sugar Workers' Union historically was allied with the UNC.
    The law allows unions to conduct their activities without 
interference and to strike, although there were heavy restrictions on 
strikes. Employees in essential services, such as police and teachers, 
do not have the right to strike, and walkouts can bring punishment of 
up to 18 months in prison. These employees negotiate with the 
Government's chief personnel officer to resolve labor disputes.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to participate in collective bargaining, although there were 
heavy restrictions on the practice. According to the International 
Trade Union Confederation, collective bargaining was restricted by the 
requirement that, to obtain bargaining rights, a union must have the 
support of an absolute majority of workers. Furthermore, collective 
agreements must be for a minimum of three years, making it almost 
impossible for workers on short-term contracts to be covered by such 
agreements.
    The law mandates that workers illegally dismissed for union 
activities must be reinstated. A union also may bring a request for 
enforcement to the Industrial Court, which may order employers found 
guilty of antiunion activities to reinstate workers and pay 
compensation or may impose other penalties, including imprisonment.
    There are several export processing zones, where the same labor 
laws are in effect as in the rest of the country.

    c. Prohibition of Forced or Compulsory Labor.--Although the law 
does not specifically prohibit forced or compulsory labor, including by 
children, there were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum legal age for workers is 12 years. Children from 12 to 16 years 
of age may work only in family businesses. Children under the age of 18 
may work legally only during daylight hours, with the exception that 
16- to 18-year-olds may work at night in sugar factories. The Ministry 
of Labor and Small and Micro Enterprise Development and the Ministry of 
Social Development are responsible for enforcing child labor 
provisions.
    The Ministry of Social Development continued to implement its 
Revised National Plan of Action for Children, which includes specific 
goals for combating commercial sexual exploitation of children and 
exploitive child labor. However, the Government did not have 
comprehensive mechanisms for receiving, investigating, and resolving 
child labor complaints. Consequently, it was unclear how many 
complaints related to child labor were received and if any children who 
work might have been involved in exploitive labor situations.

    e. Acceptable Conditions of Work.--The Ministry of Labor has a 
tripartite minimum wage committee, with input from trade unions and 
private sector leaders. The committee provides a recommendation for 
setting the minimum wage, which then is brought to cabinet by the 
minister of labor. The national minimum wage was TT$9 (approximately 
$1.45) per hour, which did not provide a decent standard of living for 
a worker and family; however, since 2006 the Government provided 
limited food assistance for poor families through a national cash 
transfer program. Actual wages varied considerably among industries. 
There were occasional press reports of minimum wage violations with no 
enforcement by the Government.
    The law establishes a 40-hour workweek, a daily period for lunch or 
rest, and premium pay for overtime. The law does not prohibit excessive 
or compulsory overtime.
    The law protects workers who file complaints with the labor 
ministry regarding illegal or hazardous working conditions. If 
complainants refuse to comply with an order that would place them in 
danger and if it is determined upon inspection that hazardous 
conditions exist in the workplace, the complainants are absolved from 
blame.

                               __________

                                URUGUAY

    The Oriental Republic of Uruguay, with a population of 
approximately 3.4 million, is a constitutional republic with an elected 
president and a bicameral legislature. In October 2004, in free and 
fair multiparty elections, Tabare Vazquez, leader of the Broad Front or 
Frente Amplio (FA) coalition, won a five year presidential term and a 
majority in parliament. The civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the rights of its citizens. 
Prison conditions continued to be poor. Instances of violence against 
women and discrimination against some societal groups continued to 
challenge government policies of nondiscrimination. Some trafficking in 
persons occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    The Government continued to investigate the serious human rights 
violations committed during the 1973-85 military dictatorship.
    In August the Office of the Prosecutor requested an extended 
sentence for imprisoned former foreign minister Juan Carlos Blanco 
based on new charges regarding his alleged complicity in the forced 
disappearance of teacher Elena Quinteros, kidnapped by military forces 
from the compound of the Venezuelan Embassy in Montevideo in 1976. The 
case remained pending at year's end.

    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 conditions 
continued to be poor as aging facilities were not adequately 
maintained. Overcrowding continued to be a problem. The total prisoner 
population as of June 30 exceeded capacity by 973 prisoners, reaching a 
density of 128 percent of capacity. Overcrowding and understaffing 
resulted in sanitation, social and health problems. Authorities made 
some improvements to prisons, such as repairing sewage systems and 
installing additional trash receptacles. Authorities began construction 
of a new prison with the capacity to hold 312 prisoners.
    Despite an increased budget for provisions, prisoners depended on 
visitors for enough food to reach the daily minimum caloric intake. 
Access to medical and dental care, recreation, and training was poor. 
Authorities installed additional medical and exercise facilities in 
several prisons, including Libertad and Comcar and prisons in the 
provinces of Salto, Paysandu, and Colonia. A 2008 Honorary Anti-
Tuberculosis Commission report estimated that 35 percent of the 
prisoner population had tuberculosis. A high percentage of prisoners 
reportedly used drugs, which exacerbated prison violence and health 
problems.
    Prisoner-on-prisoner violence continued to be a problem, partially 
due to the lack of a separate, high-security prison for violent 
criminals. Ministry of Interior officials created a Prison Violence 
Monitoring Board to evaluate prison violence nationwide.
    Ministry officials stated that there were no complaints of police 
abuse in prisons during the year. However, on October 10, a detainee 
died from strangulation at a police station within hours of his arrest. 
At year's end authorities were prosecuting five police officers for 
their alleged involvement.
    Female and male prisoners were held in separate facilities. In 
general, conditions for female prisoners were significantly better than 
those for male prisoners. During the year approximately 17 children 
lived in prison facilities with their inmate mothers.
    The Uruguayan Institute for Adolescents and Children (INAU) 
operated institutions to hold minor detainees. Juveniles who committed 
serious crimes were incarcerated in juvenile detention centers, which 
resembled traditional jails and had cells. Conditions in some of these 
facilities were similar to adult versions. Judges placed most juvenile 
offenders in halfway houses that focused on rehabilitation. These 
facilities provided educational, vocational, and other opportunities, 
and residents were permitted to enter and leave without restriction.
    Pretrial detainees were held together with convicted prisoners.
    A Prison System Ombudsman elected by the General Assembly is 
responsible for monitoring and reporting on prison conditions in the 27 
detention centers around the country. The Office of the Ombudsman 
completed 118 prison visits during the year. The Ministry of Interior 
made efforts to remedy shortcomings highlighted in the Office of the 
Ombudsman's 2007 report on prison conditions. The ministry began repair 
and construction of 2,266 spaces for prisoners, and the Government 
granted a 130 percent budget increase for the Prisoner Release 
Protection Board to support the reintegration of prisoners into society 
and the workforce.
    The Government permitted general prison visits by independent human 
rights observers, nongovernmental organizations (NGOs), religious 
congregations, and foreign diplomats, and such visits occurred during 
the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions in practice. The law requires police to have a written 
warrant issued by a judge before making an arrest (except when police 
apprehend the accused during commission of a crime), and authorities 
generally respected this provision in practice.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the National Police, and the 
Government has effective mechanisms to investigate and punish abuse and 
corruption. In July the Government passed a law including rules and 
guidelines for police procedures respecting human rights. There were no 
reports of impunity involving the security forces during the year.

    Arrest and Detention.--The law provides detainees with the right to 
a prompt judicial determination of the legality of detention, which was 
not always respected, and requires that the detaining authority explain 
the legal grounds for the detention. Police may hold a detainee 
incommunicado for 24 hours before presenting the case to a judge, at 
which time the detainee has the right to counsel. The law stipulates 
that confessions obtained by the police prior to a detainee's 
appearance before a judge and attorney (without the police present) are 
not valid. A judge must investigate any detainee's claim of 
mistreatment.
    For a detainee who cannot afford a lawyer, the court appoints a 
public defender. Judges rarely granted bail for persons accused of 
crimes punishable by at least two years in prison. Most persons facing 
lesser charges were not jailed. According to an Amnesty International 
2008 report, between 60 and 65 percent of all persons incarcerated were 
awaiting final decisions in their cases. Some detainees spend years in 
jail awaiting trial, and the uncertainty and length of detention 
contributed to tensions in the prisons. 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. 
Juries are not used; trial proceedings usually consist of written 
arguments to the judge, which normally are not made public. Only the 
judge, prosecutor, and defense attorney have access to all documents 
that form part of the written record. There was some difficulty in 
maintaining confidentiality between client and attorney. Individual 
judges may hear oral arguments at their option, but most judges choose 
the written method, a major factor slowing the judicial process. 
Defendants enjoy a presumption of innocence. Criminal trials are held 
in a court of first instance. Defendants have a 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 are transparent 
administrative procedures to handle complaints of abuse against 
government agents. An independent and impartial judiciary handles civil 
disputes, but its decisions were ineffectively enforced. Local police 
lacked the training and manpower to enforce restraining orders, which 
were often generated during civil disputes.

    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 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 Telecommunication Union reported that in 2007 there were 
29 Internet users per 100 inhabitants.

    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 cases of 
societal violence, harassment, or discrimination against members of 
religious groups, including interreligious or intrareligious incidents.
    Jewish community leaders reported that government officials and 
society generally respected members of their community, which numbered 
approximately 20,000. Jewish leaders reported effective cooperation 
with police investigating incidents of anti-Semitism.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at 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. The law provides that in extreme 
cases of national emergency an individual may be given the option to 
leave the country as an alternative to trial or imprisonment, but this 
option has not been exercised in at least two decades.

    Protection of Refugees.--The law provides for the granting of 
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 grants asylum only for political 
crimes as set forth in the 1928 Treaty of Havana, the 1889 Treaty of 
Montevideo, and the 1954 Caracas Convention. During the year the 
Government accepted 142 refugees for resettlement. 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 held on the basis of universal 
suffrage.

    Elections and Political Participation.--In October 2004 Tabare 
Vazquez of the FA coalition won a five year presidential term in free 
and fair elections. The FA won 16 of 30 seats in the Senate and 52 of 
99 seats in the House of Representatives. President Vazquez took office 
on March 1, 2005.
    Political parties operated without restrictions or outside 
interference.
    Women participated actively in the political process and 
government, although primarily at lower and middle levels. Four 
senators and 11 representatives were women. Four of the 13 cabinet 
ministers were women. There was one Afro Uruguayan among the 99 
representatives.

    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.
    Public officials are subject to financial disclosure laws. A 
government commission on economic and financial matters collects sworn 
financial statements from public servants, including the president.
    Although there is no general public disclosure law, the Government 
requires all government agencies to produce regular public reports. All 
agencies complied with these reporting requirements.
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 law prohibits discrimination based on race, gender, disability, 
language, or social status, and the Government generally enforced these 
prohibitions effectively, although societal discrimination against some 
groups persisted.
    The Honorary Commission Against Racism, Xenophobia, and All Forms 
of Discrimination is charged with developing a national plan and 
proposing specific measures to prevent and combat racism, xenophobia 
and discrimination. The commission is headed by the Ministry of 
Education and Culture Director of Human Rights and includes 
representatives from the Ministry of Foreign Affairs, the Ministry of 
the Interior, the National Education Board and three members with a 
proven record of fighting discrimination appointed by the president. 
Organizations representing Jews, Afro-Uruguayans and individuals of 
indigenous descent are also appointed members of the commission. During 
the year the commission collaborated with provincial governments to 
develop local antidiscrimination activities and conduct procedures for 
first responders to crimes involving racism. The commission cosponsored 
a seminar on antidiscrimination organized by the Jewish Central 
Committee.

    Women.--The law criminalizes rape, including spousal rape. The law 
allows for sentences of two years' to 12 years' imprisonment for a 
person found guilty of rape. According to Ministry of Interior 
statistics, there were 209 rape cases, up 1 percent from 2007.
    Authorities believed that some victims of spousal rape did not 
report such incidents because of failure to understand their rights and 
fear of social stigma.
    The Ministry of Interior reported 12,407 cases of domestic 
violence, up 16 percent from 2007, with the highest incidence in 
Montevideo and the neighboring department of Canelones. The law allows 
for sentences of six months to two years in prison for a person found 
guilty of committing an act of violence or of making continued threats 
to cause bodily injury to persons related emotionally or legally to the 
perpetrator. Civil courts decided most of the domestic cases during the 
year. Judges in these cases often issued restraining orders, which were 
difficult to enforce. In many instances, courts did not apply criminal 
penalties.
    The Montevideo municipal government funded a free nationwide hot 
line answered by trained NGO employees for victims of domestic 
violence. The Ministry of Social Development, INAU, and NGOs operated 
shelters in which abused women and their families could seek temporary 
refuge.
    Prostitution is legal for persons over the age of 18 and was 
practiced openly in major cities and tourist resorts. There were no 
known reports of police abuse of individuals engaging in prostitution. 
Trafficking in women for prostitution occurred.
    The law prohibits sexual harassment in the workplace and punishes 
it by fines or imprisonment; however, women filed few such complaints, 
possibly because they lacked understanding of their rights.
    In the judicial system, women enjoyed the same rights as men, 
including rights under family and property law. However, they faced 
discrimination stemming from traditional attitudes and practices, and 
no gender discrimination cases have ever been litigated. There was some 
segregation by gender in the workforce. Women constituted almost one 
half the workforce, but tended to be concentrated in lower paying jobs, 
with salaries averaging two thirds those of men.

    Children.--The Government was committed to protecting children's 
rights and welfare, and it regarded the education and health of 
children as a high priority.
    There were few reports of physical and sexual child abuse.
    Interpol noted an increase in child pornography material produced 
in the country and available on the Internet through servers located in 
central Europe. Interpol and the Ministry of Interior authorities 
responded promptly to five child pornography cases that came to light 
during the year in the provinces of Maldonado, Salto, and Artigas.
    INAU provided funding for a number of NGOs that had programs to 
assist at-risk children, as well as victims of domestic violence and 
sexual exploitation. Assistance to trafficking victims was provided on 
a case-by-case basis.
    The Integral System to Protect Children and Adolescents Against 
Violence, an interagency workgroup that provided training and 
awareness-raising campaigns and promoted legislative advancements for 
the protection of children and adolescents, operated 10 centers to 
provide assistance to victims and released three protocols to guide 
first responders (teachers, government workers, and health care 
workers) in identifying and treating child abuse.
    Some minors engaged in prostitution and forced labor. INAU found 
that they often did so at the request of their families to increase 
income. The media reported three cases of minors engaged in 
prostitution with the consent of their parents in the provinces of 
Tacuarembo, Rocha, and Paysandu.

    Trafficking in Persons.--While laws prohibit all forms of 
trafficking in persons, the country was a source, transit point, and 
infrequently a destination for trafficked persons. Men, women, and 
children were trafficked for purposes of commercial sexual exploitation 
and forced labor. Most victims were women, girls, and some boys 
trafficked within the country to border and tourist areas for sexual 
exploitation. Through use of false job offers, some women were 
trafficked to Spain and Italy for commercial sexual exploitation.
    According to police sources, commercial sexual exploitation of 
women and children occurred in the provinces closest to the borders 
with Argentina and Brazil, notably in Paysandu, Salto, and Colonia. 
Child welfare organizations and independent research groups expressed 
concern about possible prostitution rings exploiting children in 
Montevideo, in the aforementioned border areas, and at the resort areas 
of Punta del Este and Maldonado. There were also reports of 
prostitution involving boys.
    On January 6, the Government enacted an immigration law prohibiting 
all forms of trafficking in persons. The law penalizes recruiting, 
transporting, transferring, capturing, or receiving human beings for 
the purpose of forced or slave labor, servitude, or sexual 
exploitation. Sentences range from four to 16 years. The law also 
contains enhanced penalties for trafficking children and adolescents. 
The Ministry of Interior has primary responsibility for investigating 
trafficking cases. No prosecutions under the new law have occurred.
    While the Government provided some assistance to NGOs working in 
the area of trafficking, the availability of victim services remained 
spotty, especially outside the capital. The Government does not have a 
formal system for identifying trafficking victims among vulnerable 
populations, such as women in prostitution or undocumented migrants.
    In April the Organization for International Migration (IOM) and 
INAU signed a cooperation agreement to raise awareness on trafficking 
issues and increase local, provincial, and federal capacity to combat 
trafficking in tourist areas and along the loosely controlled borders 
with Brazil and Argentina. The IOM and INAU held two-day seminars in 
the cities of Paso de los Toros and San Gregorio de Polanco to train 
local representatives from NGOs, the judiciary, and several government 
ministries. The participants gathered to discuss the implications and 
enforcement of the antitrafficking legislation passed during the year. 
The Ministry of Interior provided training on the legislation.
    The Government supervised the work of the National Committee to 
Eradicate Commercial and Noncommercial Sexual Exploitation of Children 
and Adolescents, which is responsible for monitoring implementation of 
a national plan to eliminate the commercial sexual exploitation of 
children. On October 27, the committee launched a week-long public 
campaign to raise awareness of sexual exploitation of children. The 
committee arranged radio interviews addressing the problem and 
distributed educational flyers and posters at key tourist areas.
    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, but the Government did not 
effectively enforce these provisions. Local entities did not devote 
resources to provide appropriate accommodations. Persons with 
disabilities reported discrimination in employment despite government 
efforts to assist in individual cases. The Government did not 
discriminate against persons with disabilities and provided additional 
services as resources allowed; however, difficulties in transportation 
inhibited some persons from accessing these services.
    A national disabilities commission oversees implementation of a law 
on the rights of persons with disabilities. The law mandates 
accessibility for persons with disabilities to new buildings or public 
services, but was not consistently enforced. The law reserves 4 percent 
of public sector jobs for persons with physical and mental 
disabilities, but the quota was not filled.

    National/Racial/Ethnic Minorities.--The country's Afro Uruguayan 
minority continued to face societal discrimination. A National Bureau 
of Statistics study stated that Afro-Uruguayans comprised 9 percent of 
the population and indigenous descendents constituted another 3 
percent. The study concluded that 50 percent of Afro-Uruguayans were 
poor and suffered discrimination. The NGO Mundo Afro agreed, stating 
that a much larger percentage of Afro Uruguayans worked as unskilled 
laborers than members of other groups in society despite equivalent 
levels of education. Afro Uruguayans were underrepresented throughout 
government and academia and in the middle and upper echelons of 
private-sector firms. During the year the Government increased Afro-
Uruguayan participation in the ``Quijano Scholarship Program'' for 
postgraduate work (three participants) and the ``First Job Experience 
Program,'' a program to help youth integrate into the labor force. 
Civil society groups and local governments conducted training sessions 
for police and citizens to increase awareness of minority rights and 
the national and international laws protecting minorities.

    Other Societal Abuses and Discrimination.--There were occasional 
reports of nonviolent societal discrimination based on sexual 
orientation.
    There were isolated reports of societal discrimination against 
persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The constitution grants the right of 
association, and the law promotes organization of trade unions and 
creation of arbitration bodies and protects union leaders and 
negotiators from workplace discrimination. Unions traditionally 
organized and operated free of government regulation. Civil servants, 
employees of state run enterprises, and private-enterprise workers may 
join unions. Unionization was higher in the public sector (more than 42 
percent) than in the private sector (approximately 10 percent).
    The constitution provides workers with the right to strike, and 
workers exercised this right in practice. The Government may legally 
compel workers to work during a strike if they perform an essential 
service, which, if interrupted, ``could cause a grave prejudice or 
risk, provoking suffering to part or all of the society.''

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right. The law also protects collective 
bargaining, and it was freely practiced.
    Collective bargaining between companies and their unions determines 
a number of private sector salaries. The executive branch, acting 
independently, determines public sector salaries.
    The law expressly prohibits antiunion discrimination and requires 
employers to reinstate workers fired for union activities and pay an 
indemnity to such workers. The Ministry of Labor's Collective 
Bargaining Division investigates antiunion discrimination claims filed 
by union members. There were generally effective mechanisms for 
resolving workers' complaints against employers.
    All labor legislation fully covers workers employed in the 12 free 
trade zones. No unions operated in these zones, but the Government did 
not prohibit their formation.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that some child labor occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children against exploitation in the workplace, including 
a prohibition of forced or compulsory labor, and the Ministry of Labor 
and Social Security is responsible for enforcing it. Enforcement was 
difficult due to a lack of resources and because most child labor 
occurred in the informal sector. INAU estimated that 34,000 children 
were involved in child labor. Some children worked as street vendors in 
the informal sector or in agricultural activities, areas generally 
regulated less strictly and where pay was lower than in the formal 
sector. Although not widespread, there were reports of parents turning 
their children over to third parties for domestic service or 
agricultural work in exchange for food and lodging.
    The law prohibits minors under the age of 15 from working, and this 
was generally enforced in practice. Minors between the ages of 15 and 
18 require government permission to work and must undergo physical 
exams to identify possible exposure to job-related physical harm. 
Permits are not granted for hazardous or fatiguing work. Children 
between ages 15 and 18 may not work more than six hours per day within 
a 36 hour work week and may not work between 10 p.m. and 6 a.m.
    Violations of child labor laws are generally punishable by fines 
but may extend to imprisonment of three months to four years.
    In June the Montevideo municipal government and INAU launched a 
combined public awareness campaign to combat child labor in Montevideo. 
INAU notified bus companies of a ban on children boarding buses to beg 
or sell items. The Government proclaimed September 12 as a day to raise 
awareness among elementary school children about child labor.
    INAU implemented policies to prevent and regulate child labor and 
provided training on child labor issues. INAU also worked closely with 
the Ministry of Labor and Social Security to investigate complaints of 
child labor and with the Ministry of Interior to prosecute cases. INAU 
has seven trained inspectors to handle an estimated 2,000 inspections 
per year.

    e. Acceptable Conditions of Work.--The Ministry of Labor enforces a 
legislated minimum monthly wage that covers both the public and private 
sectors. The ministry adjusts the minimum wage whenever it adjusts 
public sector wages. The monthly minimum wage of 4,150 pesos 
(approximately $218) functions more as an index for calculating wage 
rates than as a true measure of minimum subsistence levels; it did not 
provide a decent standard of living for a worker and family. The vast 
majority of workers earned more than the minimum wage.
    The standard workweek ranged from 44 to 48 hours per week, 
depending on the industry, and employers were required to give workers 
a 36 hour block of free time each week. The law stipulates that 
industrial workers receive overtime compensation for work in excess of 
48 hours, entitles workers to 20 days of paid vacation after a year of 
employment, and prohibits compulsory overtime beyond a maximum 50 hour 
workweek.
    The law protects foreign workers and does not discriminate against 
them, but official protection requires the companies to report the 
foreign workers as employees. Many native and foreign workers worked 
informally and thus did not benefit from certain legal protections.
    The Ministry of Labor and Social Security enforced legislation 
regulating health and safety conditions in a generally effective 
manner. However, some of the regulations cover urban industrial workers 
more adequately than rural and agricultural workers. Workers have the 
right to remove themselves from what they consider hazardous or 
dangerous conditions without jeopardy to their employment; the 
Government effectively upheld this right, but some workers claimed a 
subsequent loss of other privileges at work based on their refusal to 
work in unsafe conditions.

                               __________

                               VENEZUELA

    Venezuela is a constitutional democracy with a population of 
approximately 26 million. In 2006 voters reelected President Hugo 
Chavez of the Fifth Republic Movement (MVR). Official observation 
missions from both the European Union and Organization of American 
States (OAS) deemed the elections generally free and fair but noted 
some irregularities. While civilian authorities generally maintained 
control of the security forces, there were instances in which elements 
of the security forces acted independently of government authority.
    Politicization of the judiciary and official harassment of the 
political opposition and the media characterized the human rights 
situation during the year. The following human rights problems were 
reported: unlawful killings; harsh prison conditions; arbitrary arrests 
and detentions; a corrupt, inefficient, and politicized judicial system 
characterized by trial delays, impunity, and violations of due process; 
official intimidation and attacks on the independent media; 
discrimination based on political grounds; widespread corruption at all 
levels of government; violence against women; trafficking in persons; 
and restrictions on workers' right of association.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces committed unlawful killings, including summary 
executions of criminal suspects. In the 12 months through September, 
the human rights nongovernmental organization (NGO) Venezuelan Program 
of Action and Education in Human Rights (PROVEA) reported 39 deaths 
resulting from mistreatment while in custody.
    PROVEA documented 247 unlawful killings by government security 
forces from October 2007 through September.
    PROVEA recorded four victims of killings allegedly involving police 
forces in the 12 months through September.
    According to PROVEA, on July 4, 19-year-old Roger Oscar Avila was 
shot and killed by unknown members of the Caracas Metropolitan Police. 
Avila, who, according to police officials planned to steal a car at 
gunpoint, was brought to the Perez Carreno Hospital and pronounced dead 
upon arrival. Avila's family members denied police allegations of 
attempted auto theft, stating that Avila did not know how to drive a 
car, let alone steal one.
    On July 27, 33-year-old Miguel Baba Barroyeta was placed in custody 
and sent to the El Rodeo jail. He was shot and killed while in the 
custody of the National Guard after allegedly insulting a guard.
    On October 23, nine Lara state police officers and two National 
Guardsmen allegedly kidnapped six persons in Lara State and later 
tortured and killed them execution style in neighboring Portuguesa 
State. Five of the victims were minors. The killings reportedly were 
linked to drug turf battles. At year's end the Ministry of Interior and 
Justice had suspended the nine police officers pending further 
investigations. Formal charges were brought against the 11 suspects on 
December 18.
    No information was available on the investigation of eight members 
of the Intervention and Assistance Brigade (BIA), the primary police 
force of Guarico State, for their involvement in the killing of five 
men in March 2007.
    No information was available in the July 2007 case in which members 
of the Anzoategui state police killed taxi driver Juan Ernesto 
Rodriguez.
    There were no developments in the so-called 1986 Yumare Massacre.
    Prosecutors rarely brought cases against perpetrators of unlawful 
killings. Sentences frequently were light, and convictions often were 
overturned on appeal. Members of the security forces charged with or 
convicted of crimes rarely were imprisoned.

    b. Disappearance.--There were no substantiated reports of 
politically motivated disappearances.
    Human rights groups claimed that police officers and military 
officials sometimes disposed of their victims' bodies to avoid 
investigations.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution states that no person shall be 
subjected to cruel, inhuman, or degrading punishment, there were 
credible reports that security forces continued to torture and abuse 
detainees.
    PROVEA reported that in the 12 months prior to September, it 
received 17 complaints of torture (an increase from 11 the previous 
year), and 573 complaints regarding cruel, inhuman, and degrading 
treatment, a decrease from the 692 cases reported in 2007. PROVEA 
defines ``torture'' as methods used by state security forces to extract 
information from victims and ``cruel and inhuman treatment'' as methods 
used by members of state security forces in order to punish or 
intimidate victims. According to PROVEA, on May 29, members of the army 
from the 32nd Caribbean Brigade in the State of Mongas beat Jean Carlos 
Rondon in order to extract a confession regarding the theft of a 
sergeant's firearm. Afterwards, the military members tried to bury his 
body. According to an autopsy, Rondon died due to the beating he had 
received. Charges were filed against five military members for the 
killing.
    The Government did not authorize independent investigation of 
torture complaints. Human rights groups continued to question the 
attorney general and the human rights ombudsman's commitment to oversee 
neutral investigations. There was no data available on convictions in 
cases of alleged torture.
    Reports of beatings and humiliating treatment of suspects during 
arrests were common and involved various law enforcement agencies.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh due to scarce resources, poorly trained and corrupt prison staff, 
and violence by guards and inmates. The prison-monitoring NGO 
Venezuelan Prison Observatory (OVP) estimated that existing prisons 
were designed to hold approximately 60 percent of the estimated 23,300 
persons in the national penitentiary system. The OVP estimated that 
only 34 percent of the prisoner population was formally convicted, 
while 60 percent was awaiting trial. Severe overcrowding in some 
prisons and food and water shortages remained problems.
    The Government failed to provide adequate prison security. The 
National Guard and the Ministry of Interior and Justice have 
responsibility for exterior and interior security, respectively. The 
OVP estimated that the prison guard force was 10 percent of the 
required strength. Violence among prison gangs, including shootouts and 
riots, was common.
    PROVEA stated that between January and October, there were 390 
deaths and 692 injuries, compared with 498 deaths and 1,023 injuries 
during 2007. Most inmate deaths resulted from prisoner-on-prisoner 
violence, riots, fires, and generally unsanitary and unsafe conditions. 
The Capital Yare II penitentiary documented the highest number of death 
and injuries due to violence, with 20 deaths and 11 injuries in the 
first half of the year. The Occidental (Uribana) penitentiary recorded 
there were 18 deaths and 38 injuries in the same time period.
    Prisoners also died as a consequence of poor diet and inadequate 
medical care. The media reported that in the Rodeo I penitentiary, 50 
inmates had contracted hepatitis due to unsanitary prison conditions.
    In April, 3,000 inmates from three different prisons staged a 
hunger strike to protest lengthy administrative delays in their cases 
and inhumane prison conditions.
    Inmates often had to pay guards and other inmates to obtain 
necessities such as space in a cell, a bed, and food. Most prisoners 
obtained food from their families, by paying prison guards, or in 
barter with other prisoners. Many inmates also profited from exploiting 
and abusing others, particularly since convicted violent felons often 
were held with pretrial detainees or first-time petty offenders. 
Trafficking in arms and drugs fueled gang-related violence and 
extortion. Prison officials often illegally demanded payment from 
prisoners for transportation to judicial proceedings.
    Security forces and law enforcement authorities often imprisoned 
minors together with adults, even though separate facilities existed 
for juveniles. Because reform institutions were filled to capacity, 
hundreds of children accused of infractions were confined in juvenile 
detention centers where they were crowded into small, unsanitary cells, 
fed only once a day, and forced to sleep on bare concrete floors. Women 
and men generally were held in separate prison facilities. The OVP 
indicated that, while no prison had good conditions, women's facilities 
were generally less violent and healthier than those for men.
    Human rights observers continued to experience lengthy 
administrative delays and restricted access to prisons and detention 
centers.

    d. Arbitrary Arrest or Detention.--The constitution prohibits the 
arrest or detention of an individual without a judicial order; provides 
for the accused to remain free while being tried, except in specific 
cases where the laws of the state or individual judges can supersede 
this provision; and provides that any detained individual has the right 
to immediate communication with family and lawyers, who, in turn, have 
the right to know of the detainee's whereabouts.

    Role of the Police and Security Apparatus.--The National Guard, a 
branch of the military, is largely responsible for maintaining public 
order, guarding the exterior of key government installations and 
prisons, conducting counternarcotics operations, monitoring borders, 
and providing law enforcement in remote areas. The Ministry of Interior 
and Justice controls the Scientific, Penal, and Criminalistic 
Investigative Body (CICPC), which conducts most criminal 
investigations, and the Office of Intelligence and Prevention Services 
(DISIP), which collects intelligence within the country and is 
responsible for investigating cases of corruption, subversion, and arms 
trafficking. Mayors and governors oversee local and state police 
forces. Corruption was a major problem among all police forces, whose 
members were poorly paid and trained. Impunity for corruption, 
brutality, and other acts of violence were major problems.
    In October the Ministry of Interior and Justice reported that 
18,313 police officials, or 16 percent of the country's police force, 
were under investigation for misconduct and alleged human rights 
violations, including kidnapping, torture, unlawful arrest and 
detention, and extrajudicial killings stemming from cases filed from 
2000-07. In 2007 alone, 1,948 police officers were accused of alleged 
misconduct, according to the Ministry. The National Organic Police Law 
was passed in April 2007. This law created a national police force; 
however, there have been no efforts to staff this organization. In 
January the Caracas Metropolitan Police Force was placed under the 
authority of the Ministry of Interior and Justice.
    Some local police forces offered human rights training for their 
personnel. During the year the Chacao borough of Caracas again provided 
mandatory human rights training to all new recruits. Amnesty 
International worked with the municipality to offer workshops on how to 
process cases of domestic violence.

    Arrest and Detention.--A warrant is required for an arrest or 
detention. A detention is possible without an arrest when the 
individual is caught in the act of committing a crime. Persons were 
sometimes apprehended openly without warrants from judicial 
authorities. Detainees must be brought before a prosecutor within 12 
hours and before a judge within 48 hours to determine the legality of 
the detention. A person accused of a crime may not be detained for 
longer than the possible minimum sentence for that crime nor for longer 
than two years, except in certain circumstances, such as when the 
defendant is responsible for the delay in the proceedings. Detainees 
were promptly informed of the charges against them.
    Although there is a functioning system of bail, it is not available 
for certain crimes. Bail also may be denied if a person is apprehended 
in the act of committing a crime or if a judge determines that there is 
a danger that the accused may flee or impede the investigation. 
Detainees were provided access to counsel and family members.

    e. Denial of Fair Public Trial.--While the constitution provides 
for an independent judiciary, judicial independence remained 
compromised. The judiciary also was highly inefficient, sometimes 
corrupt, and subject to political influence, particularly from the 
Attorney General's Office, which in turn was pressured by the executive 
branch.
    The judicial sector consists of the Supreme Court and lower courts, 
the Attorney General's Office, and the Ministry of Interior and 
Justice. The Supreme Court is the country's highest court and directly 
administers the lower courts through the Executive Directorate of the 
Judiciary.
    According to the NGO Foro Penal, almost 40 percent of the judges 
were provisional and temporary. The Supreme Court's Judicial Committee 
may hire and fire temporary judges without cause and without 
explanation, and it did so. Provisional judges legally have the same 
rights and authorities as permanent judges. The provisional and 
temporary judges, lacking tenure in their profession, particularly were 
subject to political influence from the Ministry of Interior and 
Justice and the attorney general.
    The law provides that the Moral Council (attorney general, human 
rights ombudsman, and comptroller general) may suspend judges and 
allows the National Assembly to revoke the appointment of Supreme Court 
judges by a simple majority vote.
    Lower court judges hear pretrial motions, including prosecution and 
defense motions, prior to criminal cases going to trial judges. 
Executive judges oversee the application of sentences. Appeals courts, 
consisting of three-judge panels, review lower court decisions. The 
attorney general oversees the prosecutors who investigate crimes and 
bring charges against criminal suspects.
    In accordance with President Chavez's December 2007 amnesty decree, 
the charges against governor-elect of Miranda State Henrique Capriles 
Radonski, for his alleged involvement in the arrest of Ramon Rodriguez 
Chacin, were dropped. In October the courts reopened the case against 
Capriles related to a violent demonstration in 2002 outside the Cuban 
Embassy.
    In March an ex-prosecutor accused former attorney general Isaias 
Rodriguez of altering witness testimony and falsely implicating critics 
of the Government in the Danilo Anderson case. Anderson was a high-
profile prosecutor killed in a car bomb explosion in November 2004. The 
Government's one-time key witness, Giovanny Vasquez, told the media 
that Rodriguez paid him 1,075,000 Bs.F (approximately $500,000) to 
present false testimony in the case. The Government reportedly reopened 
the case following the allegations against Rodriguez.

    Trial Procedures.--The law provides for open, public, and fair 
trials with oral proceedings for all individuals. The accused have the 
right to be present and consult with an attorney. Public defenders are 
provided for indigent defendants, but there continued to be a shortage 
of public defenders. Defendants have the right to question witnesses 
against them and present their own witnesses. The accused and their 
attorneys do not necessarily have access to government-held evidence. 
Defendants are considered innocent until proven guilty. Defendants and 
plaintiffs have the right of appeal.
    Trial delays were common. A professional judge and two lay judges 
try serious cases; a single judge may hear serious cases if requested 
by the defendant or victim or if attempts to appoint lay judges have 
failed. Difficulty in finding persons willing to serve as lay judges 
also resulted in delays.
    The law provides that trials for military personnel charged with 
human rights abuses after 1999 be held in civilian rather than military 
courts.

    Political Prisoners and Detainees.--There were an estimated 12 
political prisoners in the country. In some cases the political 
prisoners were held in distinct penal facilities, including DISIP 
installations and the Ramo Verde military prison. The International 
Committee of the Red Cross was permitted access to these political 
prisoners.
    In December 2007 President Chavez decreed a partial amnesty for 
persons implicated in the drafting or signing of the 2002 Carmona 
Decree, which recognized an interim government during the 2002 coup 
against Chavez, and in a series of enumerated acts surrounding the 
coup. Human rights organizations welcomed the measure but urged Chavez 
to broaden the amnesty to include all those accused of involvement in 
the events of 2002 and to all implicated in political crimes.
    Retired army General Francisco Uson remained free on conditional 
release from Ramo Verde after being released in December 2007. Uson 
served three years and six months for allegedly ``defaming'' the army. 
The conditions for his release included not traveling outside of 
greater Caracas and reporting before a judge every 15 days. He was also 
prohibited from participating in demonstrations or commenting on his 
case to the media.
    Former Caracas Metropolitan Police commissioners Ivan Simonovis, 
Henry Vivas, and Lazarro Forero, along with eight other police 
officers, remained imprisoned without conviction, stemming from charges 
of being accomplices to murder committed during the events related to 
the civil disturbances in 2002. The three commissioners were held in 
DISIP installations, while the eight other police officers were in Ramo 
Verde. On January 16, a judge denied a motion to dismiss the charges 
under President Chavez's December 2007 amnesty decree. The ruling 
followed statements by Chavez and Attorney General Luisa Ortega Diaz 
that the accused were not eligible to benefit from the amnesty.
    In September 2007 government officials imprisoned and accused Jose 
Sanchez ``Mazuco,'' former chief of security for Zulia State, which is 
controlled by opposition governor and former presidential candidate 
Manuel Rosales, in connection with the killing of Claudio Macias, a 
Military Intelligence Police (DIM) informant who was jailed at the 
time. Prosecutors contended that Sanchez authorized the hanging of 
Macias. Sanchez remained in custody at the Ramo Verde military prison 
at year's end.

    Civil Judicial Procedures and Remedies.--There were separate civil 
courts that permitted citizens to bring lawsuits seeking damages. Like 
all courts in the country, however, the civil elements of the judiciary 
remained subject to strong executive control.
    There were administrative remedies available, but they were 
generally inefficient. The most common consumer-protection mechanism is 
the Institute for the Defense of the Consumer and the User (INDECU), 
which falls under the rubric of the Ministry of Light Industry and 
Commerce. INDECU used reconciliation, mediation, and arbitration to 
settle disputes and was empowered to sanction the providers of goods 
and services who violated the law.
    Other entities that provided administrative or civil remedies 
included the superintendencies of banks, free competition, insurance, 
leasing, and securities.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution provides for the inviolability of the 
home and personal privacy; however, in some cases security forces 
infringed on citizens' privacy rights by searching homes without 
warrants, particularly targeting the homes of opposition leaders.
    On December 12, according to media reports, two men dressed in the 
uniforms of officers of the Scientific and Criminal Investigative 
Police (CICP) brutally attacked former gubernatorial candidate Lenny 
Manuitt in her San Juan de los Morros home. The attackers forced entry 
into her home and repeatedly punched and kicked her. An investigation 
was pending at year's end.
    On September 10, DIM personnel and officials from the Military 
Prosecutor's Office forcibly searched the home of former Defense 
Minister and government critic Raul Baduel, citing his alleged 
involvement in the misappropriation of funds during his tenure. DIM 
officials forcibly detained Baduel for questioning on October 3, citing 
similar allegations. He was later released with a prohibition against 
leaving the country and speaking to the media and a requirement to 
appear before a military court every 15 days.
    The Government was complicit with others, including National 
Assembly deputy Luis Tascon, in maintaining the ``Tascon'' and 
``Maisanta'' Lists, which were used to identify and punish persons who 
signed a petition to hold a recall referendum on President Chavez. 
Human rights NGOs noted that persons listed were often ineligible to 
receive government jobs or services.
    NGOs expressed concern over official political discrimination 
against, and firing of, state employees whose views differed from those 
of the Government. According to PROVEA, the Government used coercion 
and the threat of dismissal to compel state employees to attend 
partisan political functions.
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 combination of laws governing 
libel and broadcast media content, legal harassment, and physical 
intimidation of both individuals and the media resulted in practical 
limitations on these freedoms and a climate of self-censorship. The 
Government employed a variety of mechanisms-legal, economic, 
regulatory, judicial, physical, and rhetorical-to harass the private 
media and engender an environment of intolerance towards a critical 
press.
    The president preempted broadcasting on the nation's airwaves to 
present hours-long government programs several times a week. The law 
mandates that all free-to-air television and national radio networks 
air these programs, called ``cadenas,'' in real time and uninterrupted. 
Independent media observers criticized the state media for extreme pro-
government politicization. As of August 31, there were 89 ``cadenas,'' 
which tended to average more than one hour, some lasting up to six 
hours. The Government media was used almost exclusively to promote the 
Socialist Party of Venezuela (PSUV), which is headed by Chavez, and 
publicly harass opposition figures.
    Government officials, in some instances including Chavez, used 
government-controlled media outlets to air unsubstantiated accusations 
against private media owners, including Alberto Federico Ravell, 
director of all-news cable television network Globovision; Miguel 
Henrique Otero, director of El Nacional newspaper; and Andres Mata, 
director of El Universal, alleging that they were fomenting 
destabilization campaigns and coup attempts against the Government.
    On May 27, state-owned television network Venezolana de Television 
(VTV) issued a communique requiring private media outlets to pay a fee 
of 120 Bs.F (approximately $56) per second, or more than 430,000 Bs.F 
($200,000) per hour, to retransmit VTV television footage beginning 
June 1. After media watchdog organizations and private media outlets 
reacted negatively to the high costs of retransmission and the lack of 
prior notification, VTV retracted its notification on May 29.
    On September 11, Minister of Interior and Justice Tarek El-Aissaini 
claimed intelligence bodies had detected a plot against Chavez and 
implicated ``businessmen, the 2-D Movement [civil society group headed 
by the director of one of the country's leading newspapers], and 
military officials.''
    On September 23, a pro-government organization known as the La 
Piedrita Collective fired tear gas canisters at Globovision's 
headquarters. Following the incident Lina Ron, leader of the Popular 
Unity for Venezuela Party (UPV), a small, radical, political party that 
supports Chavez, told the media that UPV and ``La Piedrita'' declared 
Ravell and Globovision ``military objectives of the Venezuelan popular 
militias.'' On December 1, ``La Piedrita'' members hurled tear gas 
canisters at the home of opposition radio commentator Marta Colomina.
    In early November the National Telecommunications Regulatory Agency 
(CONATEL) launched an investigation against Globovision in early 
November for its October 30 transmission of the show Hello Citizen, in 
which guest Rafael Poleo, editor of the opposition daily El Nuevo Pais, 
said that Chavez ``would end up like Mussolini.'' CONATEL filed suit 
against the network three days later, alleging that it was promoting 
the assassination of President Chavez.
    On November 24, CONATEL announced that it would also investigate 
Globovision for allegedly inciting violence by airing a speech by 
Carabobo state-governor elect Henrique Salas Feo during which he called 
on supporters to march to local election headquarters to demand the 
release of regional election results. Globovision president Guillermo 
Zuloaga responded in a December 1 communique that any sanction against 
the network must be seen as a legal abuse.
    The Venezuelan Press Association issued a December 1 communique 
calling on the Venezuelan public to defend Globovision. On December 5, 
the National Journalist Association provided a written statement 
alleging that ``the Government is waging a political offensive through 
the coercive bodies of the state to frighten both the opposition and 
people who are not aligned with its interests and goals.''
    The Government denied private media equal access to many official 
events, and in cases when private media had access to government 
facilities, they often did not have access to officials and 
information. For example, only the Government radio and television 
stations were authorized to have reporters at the presidential palace. 
State-controlled television and radio stations and many foreign news 
reporters continued to have full access to official events.
    Amendments to the penal code in 2005 make insulting the president 
punishable by six to 30 months in prison and eliminate bail, with 
lesser penalties for insulting lower-ranking officials. Comments 
exposing another person to public contempt or hatred are punishable by 
one-to three-year prison sentences and a fine. Inaccurate reporting 
that disturbs the public peace is punishable by a prison sentence of 
two to five years. The requirement that media disseminate only ``true'' 
information was undefined and open to politically motivated 
interpretation.
    The law requires that practicing journalists have journalism 
degrees and be members of the National College of Journalists, and it 
prescribes three-to six-month jail terms for those who practice 
journalism illegally. These requirements were waived for foreigners and 
opinion columnists. Members of the college expressed the fear that the 
Government was monitoring their activities.
    The Media Law of Social Responsibility gives the Government wide 
powers to impose heavy fines and cancel broadcasts. CONATEL, under the 
Ministry of Communications and Information, oversees the application of 
the law. Media observer organizations called on the Government to 
appoint an independent body to regulate the implementation of the law.
    In March the Inter-American Press Association condemned the 
country's record on press freedom, stating that the Government was 
exercising a ``deliberate campaign'' against freedom of expression. In 
its annual report on freedom of the press, Freedom House categorized 
the country as ``not free,'' citing worrisome patterns of decline in 
press freedom.
    On June 2, the vice president of Reporte Diario de la Economia, 
Pierre Fould Gerges, was killed while riding in his brother's vehicle 
in Caracas. It was widely speculated that the likely target of the 
attack was Gerges' brother, the president of Reporte, who was not in 
the vehicle at the time.
    The independent print media regularly engaged in self-censorship 
due to fear of government reprisal and in order to comply with laws 
regulating the media. The country's major newspapers were independently 
owned but heavily dependent on government advertising. In regions where 
local newspapers competed for the same audience and a smaller pool of 
advertisers, print media tended to exercise even more caution in order 
to secure financing from government sources. The Government published 
one national newspaper, Diario Vea, with a relatively low circulation.
    On July 26, Maracaibo city officials assaulted journalists Dayana 
Fernandez and Luis Torres from La Verdad newspaper in Zulia State 
following an interview with the Municipal Environmental Secretary. The 
officials confiscated the journalists' cameras, tape recorders, and 
phones. They were allegedly beaten and held for more than two hours by 
the officials.
    On September 29, unknown assailants opened fire on columnist 
Eliecer Calzadilla. Calzadilla was shot in the neck, severing a 
vertebra. He had contributed to the regional newspaper Correo del 
Caroni for more than 20 years and criticized corruption and government 
abuses in Bolivar State. Reporters Without Borders called on local 
authorities to investigate the attack. At year's end there was no 
information available regarding an investigation.
    In December progovernment supporters attacked Valencia journalist 
Maria Teresa Guedes following a state legislative session in Carabobo. 
Local media reported that she was thrown to the ground and repeatedly 
kicked by the assailants. The attack allegedly occurred in the presence 
of National Guard members, who did not intervene.
    The Government used radio license concessions in a discriminatory 
fashion. In more than 80 percent of the cases where broadcasting 
concessions had expired or nearly expired, CONATEL issued these 
retroactively or with a validity for fewer years than previous 
licenses. Media NGOs criticized the Government's tardy issuance of 
licenses, asserting this was employed to close radio stations critical 
of the Government for operating illegally. NGOs also argued that 
shorter license periods meant radio stations would have to undergo 
government review on a more frequent basis, increasing the risk of 
government-imposed closures.
    Some commercial radio stations complained that broadcasting 
frequencies for community radios were not allocated in accordance with 
broadcast regulations. The Government reportedly funded several 
community stations, whose broadcasting was progovernment.
    Government officials and military police forcibly closed two radio 
stations in Guarico State that did not support the PSUV candidate, 
William Lara, and confiscated their equipment.
    On June 23, CONATEL temporarily took radio station Maxima 99.5 in 
Guayana State off the air for allegedly violating the Law of Social 
Responsibility in Radio and Television.
    The country's nonsubscription broadcast media was largely 
government owned. The Government operated seven channels with 
nationwide coverage.

    Internet Freedom.--The International Telecommunication Union 
reported that in 2007 approximately 21 percent of the population 
accessed the Internet. There were no government restrictions on access 
to the Internet and individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. Some media 
NGOs expressed concern that following its nationalization of the 
Autonomous National Telephone Company of Venezuela (CANTV), a major 
telephone and Internet provider, the Government monitored e-mails and 
Web searches.

    Academic Freedom and Cultural Events.--There were no reported 
government restrictions on academic freedom or cultural events. Several 
proposed revisions to the constitution that would have reduced the 
autonomy of the education system were rejected in the December 2007 
constitutional referendum. However, the Government attempted 
unavailingly to reintroduce these measures to teach ``socialist 
principles.''

    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. PROVEA noted 
that at least 265 injuries resulted from security force interventions 
in peaceful demonstrations during the year, compared with 536 in 2007.
    Human rights groups continued to criticize the 2005 penal code 
revision for the strict penalties it imposes on some forms of peaceful 
demonstration. PROVEA continued to express concern over the law's 
``criminalization'' of protests. Foro Penal's 2006 official complaint 
before the Supreme Court challenging the legality of this measure had 
not been heard by year's end.
    Government supporters sometimes disrupted marches and rallies. 
Supporters and opponents of the Government demonstrated in the capital 
and other cities during the year.
    Persons arrested by the Metropolitan Police and the National Guard 
during the May-June 2007 protests were released; however, an 
unconfirmed number of minors were still required to come before a judge 
every 15 days.

    Freedom of Association.--While the constitution provides for 
freedom of association and freedom from political discrimination, the 
Government only partially respected this right. Although indicating 
that they generally operated without interference, professional and 
academic associations complained that the National Electoral Council 
(CNE) repeatedly interfered with their attempts to hold internal 
elections. The Venezuelan Workers' Confederation (CTV) claimed that the 
CNE continued to hinder the efforts of its affiliate unions to hold 
elections.
    A September report published by Human Rights Watch (HRW) stated 
that the Chavez administration systematically engaged in political 
discrimination. According to HRW, ``Government officials have removed 
scores of detractors from the career civil service, purged dissident 
employees from the national oil company, denied citizens access to 
social programs based on their political opinions, and denounced 
critics as subversives deserving of discriminatory treatment.''

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, on the condition that its practice does not violate public 
morality, decency, or the public order, and the Government generally 
respected this right in practice. There were some efforts by the 
Government, motivated by political reasons, to limit the influence of 
religious groups in certain geographical, social, and political areas.
    On November 4, the Supreme Court ruled that the rights of New 
Tribes Mission of Venezuela (NTM) had not been violated by the 
resolution issued by the Ministry of Interior and Justice in 2005 that 
gave NTM 90 days to remove its personnel from all indigenous areas. NTM 
believed the Government resolution to be unconstitutional and had 
sought to have it overturned by the Supreme Court. In a written 
statement NTM agreed to accept the decision of the Court and stated it 
would not attempt any further appeals of the case.
    On December 12, authorities discovered the decapitated bodies of an 
Evangelical preacher, Jean Carlos Salazar, his wife, and daughter in 
their home in the town of San Jose de Guanipa, after the fire brigade 
extinguished a fire in the house. Investigators indicated that the 
inside walls of the house had been painted with slogans suggesting a 
connection to an unknown satanic cult, and that the fire apparently was 
set to cover up the killings.
    The Directorate of Justice and Religion in the Ministry of Interior 
and Justice maintains a registry of religious groups and disburses 
funds to religious organizations. Registration is required for legal 
status as a religious organization.
    Foreign missionaries require a special visa to enter the country, 
and they noted increased difficulties, including refusals for first-
time religious visas and, less frequently, renewals. The Government 
continued to prohibit foreign missionary groups from working in 
indigenous areas.

    Societal Abuses and Discrimination.--President Chavez engaged in 
numerous rhetorical personal attacks on specific Catholic bishops and 
the Papal Nuncio. He warned Catholic bishops to refrain from commenting 
on political issues.
    On February 27, Chavez supporters temporarily occupied the 
Archbishop's Residence in Caracas. They accused Catholic Church leaders 
of hindering the president's political project and criticized the 
``counter-revolutionary'' Papal Nuncio for giving refuge to student 
leader Nixon Moreno.
    On December 26, President Chavez, in reaction to Cardinal Jorge 
Urosa's criticism of a proposed constitutional amendment to eliminate 
presidential term limits, called Urosa immoral and suggested that the 
country's only Cardinal leave his position as head of the Church for 
publicly expressing his political opinion.
    There were more than 15,000 Jews in the country. In August 
President Chavez met with a delegation of international and local 
Jewish leaders to discuss issues of concern to the Jewish community.
    Despite President Chavez's overture to Jewish leaders, government 
institutions and officials and government-affiliated media outlets 
promoted anti-Semitism through numerous anti-Semitic comments. These 
actions created a spillover effect into mainstream society, which 
witnessed a rise in anti-Semitic vandalism, caricatures, and 
expressions at rallies and in newspapers. The host of The Razorblade, a 
progovernment talk show on state television, made frequent anti-Semitic 
slurs, and Diario Vea regularly published anti-Semitic comments. 
Incidents of spraying of graffiti, intimidation, vandalism, and other 
physical attacks against Jewish institutions were frequent.
    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 numerous reports that persons were denied 
passports and other official documents by government agencies for 
having signed the petition for the 2004 recall referendum. Extremely 
long waits for issuance of passports often had the effect of 
restricting freedom of foreign travel. In at least seven instances 
since September, immigration and DISIP officials requested that critics 
of the Government surrender their passports for ``secondary'' review at 
the international airport in Caracas. These authorities canceled one 
passport, that of Heinz Sonntag, a member of the 2-D civil society 
prodemocracy movement.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing assistance to refugees and asylum seekers.
    The law prohibits forced exile, and it was not used.

    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 refused to provide safe passage out of the country 
to student leader and government opponent Nixon Moreno. The Holy See 
granted Moreno political asylum in June, 15 months after Moreno sought 
refuge inside the Vatican's diplomatic mission following harassment by 
the state-controlled media. The Government accused Moreno of fomenting 
violence during violent student elections at the University of the 
Andes in Merida.
    The UNHCR reported 11,320 applicants for refugee status in the 
country as of September, 1,172 of whom were recognized as refugees by 
the Government. UNHCR estimated that there were an additional 200,000 
persons in need of international protection.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers. The National 
Committee for Refugees had extremely limited physical and human 
resources to address refugee issues, in addition to a lengthy process 
for examining individual refugee applications.
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 through 
periodic elections held on the basis of universal suffrage.

    Elections and Political Participation.--In 2006 voters reelected 
Hugo Chavez as president in elections that observers deemed to be 
generally free and fair, although observation missions noted some 
irregularities.
    The December 2007 referendum on a reform package of 69 proposed 
changes to the 1999 Constitution was deemed largely free and fair, but 
leaders of the antireform bloc noted some irregularities. Voters 
narrowly defeated the reform package, including the elimination of 
presidential term limits, in the referendum. In November President 
Chavez announced that he would seek to amend the constitution to 
eliminate presidential term limits.
    The November 23 nationwide state and local elections were deemed 
largely free and fair, although electoral nongovernmental organizations 
noted some irregularities, such as prohibited election-day campaigning 
and extended polling hours in progovernment neighborhoods.
    Prior to the elections, the comptroller declared some 272 current 
and former public officials ineligible to run for office based on 
administrative sanctions. These measures disproportionately affected 
the opposition, including several prominent opposition candidates. 
Opposition leaders complained that the Government used state resources, 
particularly government media outlets, to support the PSUV candidates.
    There were 29 women in the 167-seat assembly, five women in the 27-
member cabinet, and 10 women among the 32 justices on the Supreme 
Court.
    The constitution reserves three seats in the National Assembly for 
indigenous people, which were filled in the 2000 election and remained 
occupied during the year. There is one indigenous member in the 
cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for criminal 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 
government corruption was a problem. There was a perception of 
widespread corruption at all levels of the Government. Journalists 
reported several cases of apparent corruption implicating high-level 
government officials, but none were investigated.
    The law provides for citizens' access to government information. 
Human rights groups reported that the Government routinely ignored this 
requirement and did not make information available.
    The Episcopal Conference of Venezuela (CEV) expressed formal 
opposition to 26 decrees enacted by the president on July 31, the last 
day authorized by the National Assembly to enact decrees, as 
``apparently unconstitutional.'' The mid-summer last-minute issuance 
did not allow for review by citizens.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of independent domestic and international human 
rights groups generally operated with some government restrictions, 
investigating and publishing their findings on human rights cases. 
Government officials were somewhat responsive to their views. Major 
domestic human rights NGOs that operated independently from the 
Government included the Committee for the Victims of the Events that 
Occurred Between February and March 1989 (COFAVIC), PROVEA, Network of 
Assistance, and the OVP.
    Many NGOs reported threats, physical attacks, and harassment, 
especially in a climate of possible criminalization of receipt of 
foreign funding. Human rights organizations expressed concern that 
President Chavez's proposed constitutional amendment to regulate 
international support for organizations with ``political goals'' would 
be used to deny NGOs foreign funding opportunities and limit 
nongovernmental activities in the country.
    On September 18, the Government expelled Jose Miguel Vivanco, 
Director of the Americas Bureau for HRW, and Daniel Wilkinson, also 
from HRW, after they publicly released a special HRW report on the 
state of democracy and human rights in Venezuela which was critical of 
the Chavez administration. Police officials apprehended the two men at 
their hotel, after entering and searching their rooms, and placed them 
on a flight to Brazil. Government officials accused Vivanco and 
Wilkinson of illegal involvement in the country's internal affairs and 
of violating the country's constitution.
    In December the Supreme Court formally rejected and criticized a 
judgment by the binding Inter-American Court on Human Rights seeking 
reinstatement of three Venezuelan judges from the First Court of 
Administrative Disputes. In August the court ruled that the removal of 
the judges in 2003 was a violation of their right to due process and 
ordered the Government to adopt specific measures of reparation, 
including reinstatement and compensation.
    According to a 2007 report by the Catholic Church's Office on Human 
Rights, incidents of threats against human rights defenders were 
reported throughout the year.
    Jose Luis Urbano, president of the Foundation for the Defense of 
the Right to Education, and other members of the foundation were 
targeted repeatedly and received death threats after having publicly 
condemned corruption and violations of the right to free education. 
After he was shot in the stomach in February, Urbano was given 
temporary police protection while he was a patient in the hospital. As 
a result of the persistent threats and attacks on his life, Urbano had 
to leave his home and change his addresses repeatedly. Despite a 
request for protection made to the Public Prosecutors Office on June 
18, no protection measures to ensure the safety of Urbano, his family, 
and other members of the foundation were put in place.
    COFAVIC's executive director continued to operate under threats of 
personal harm despite a measure by the Inter-American Court of Human 
Rights granting her a security detail.
    OVP's director received numerous death threats during the year.
    Although the ombudsman is responsible for ensuring that citizens' 
rights are protected in a conflict with the state, human rights NGOs 
claimed that the Ombudsman's Office was not independent, rarely acted 
on public interest cases, and was named by the National Assembly in 
December 2007 in a nontransparent process.
    The National Assembly's Subcommission on Human Rights played an 
insignificant role in the national debate on human rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the law prohibits discrimination based on race, gender, 
disability, language, or social status, discrimination against women, 
persons with disabilities, and indigenous people was a problem.

    Women.--The law prohibits rape, including spousal rape, but it 
remained a problem. Rape is punishable by prison terms of eight to 14 
years, although cases often were not reported to the police. A man 
guilty of raping a woman may avoid punishment if he marries the victim 
before sentencing. There were no reliable statistics on incidence of, 
or prosecution or convictions for, rape.
    The law prohibits domestic violence, and violators faced penalties 
of six to 18 months in prison. Violence against women continued to be a 
problem, and women faced substantial institutional and societal 
prejudice with respect to rape and domestic violence. The Organic Law 
on the Right of Women to a Life Free of Violence, enacted in March 
2007, criminalizes physical, sexual, and psychological violence in the 
home, the community, and at work; trafficking; forced prostitution; 
sexual harassment; and slavery. It also establishes tribunals 
specializing in cases of gender-based violence.
    According to the Pan American Health Organization, 70 percent of 
women killed in the country were killed by their husbands, boyfriends, 
or ex-partners. The law requires police to report domestic violence to 
judicial authorities and obligates hospital personnel to notify the 
authorities when they admit patients who are victims of domestic abuse. 
Police generally were reluctant to intervene to prevent domestic 
violence, and the courts rarely prosecuted those accused of such abuse. 
Women generally were unaware of legal remedies and had little access to 
them. The Government sought to combat domestic violence through a 
public awareness campaign and a national victim assistance hot line 
administered by the Government's National Women's Institute. The hot 
line continued to enjoy much success. There were no reliable statistics 
on the incidence of, or prosecution or convictions for, domestic 
violence.
    Prostitution is legal. While there was no government information on 
the extent of prostitution, the local anti-trafficking NGO Association 
of Women for Welfare and Mutual Help noted that prostitution was a 
serious problem, particularly in Caracas and domestic tourist 
destinations.
    Sexual harassment is illegal and punishable by a prison sentence of 
six to 18 months. Sexual harassment was common in the workplace but 
rarely reported.
    Women and men are legally equal in marriage, and the law provides 
for gender equality in exercising the right to work. The law specifies 
that employers must not discriminate against women with regard to pay 
or working conditions. According to the Ministry of Labor and the CTV, 
these regulations were enforced in the formal sector, although women 
reportedly earned 30 percent less than men on average. The National 
Institute for Women, a government agency, worked to protect women's 
rights.
    The law provides women with property rights equal to men's. In 
practice, however, women frequently waived these rights by signing over 
the equivalent of power of attorney to their husbands.

    Children.--According to UN Children's Fund (UNICEF) thousands of 
children in Venezuela have not been officially registered at birth.
    Reports of child abuse were rare due to a fear of entanglement with 
the authorities and ingrained societal attitudes regarding family 
privacy. According to UNICEF and NGOs working with children and women, 
child abuse, including incest, often occurred at home. Although the 
judicial system acted to remove children from abusive households, 
public facilities for such children were inadequate and had poorly 
trained staff.
    The human rights NGO For the Rights of Children and Adolescents 
estimated that 15,000 children lived on the street. Authorities in 
Caracas and several other jurisdictions imposed curfews on unsupervised 
minors to cope with this problem. Because reform institutions were 
filled to capacity, hundreds of children accused of infractions, such 
as curfew violations, were confined in inadequate juvenile detention 
centers. The Government's social service mission, known as Mision Negra 
Hipolita provided assistance to street children and the homeless. In 
2007 the mission provided assistance to more than 2,790 street 
children, according to the NGO Community Center for Apprenticeship.

    Trafficking in Persons.--Although the constitution prohibits 
slavery or servitude and the law prohibits transnational trafficking in 
persons, there were reports that persons were trafficked to, from, and 
within the country.
    The country was reported to be a source, destination, and transit 
country for men, women, and children trafficked for the purposes of 
commercial sexual exploitation and forced labor. An underdeveloped 
legal framework, economic conditions, and the ease with which 
fraudulent passports, identity cards, and birth certificates could be 
obtained created favorable conditions for trafficking. No statistics on 
trafficking were available from government or NGO sources.
    Women and children from Brazil, Colombia, Peru, Ecuador, the 
Dominican Republic, and the People's Republic of China were trafficked 
to and through the country and subjected to commercial sexual 
exploitation or forced labor. Citizens were trafficked internally and 
to Western Europe, particularly Spain and the Netherlands, and to 
countries in the region such as Mexico, Aruba, and the Dominican 
Republic for commercial sexual exploitation. The country was a transit 
country for undocumented migrants from other countries in the region-
particularly Peru and Colombia-and for Asian nationals, some of whom 
were believed to be trafficking victims. Subgroups particularly at risk 
included women and children from poor areas.
    Organized criminal groups were widely believed to be involved in 
trafficking women and children to and through the country. Traffickers 
traveled to transport victims to large urban centers or resort 
destinations. In many cases traffickers placed ads for models in 
regional newspapers and then lured respondents to Caracas under false 
pretenses of employment.
    Trafficking may be prosecuted under criminal laws against forced 
prostitution and trafficking, with penalties of up to 20 years for 
using force to coerce a victim to perform a sexual act for a third 
person, and under a law to protect children, with fines of one to 10 
months' income for trafficking in children and two to six years' 
imprisonment for trafficking a child abroad. The Organized Crime Law 
provides for sentences of 10 to 15 years if the victim of trafficking 
or smuggling for labor or sexual exploitation is an adult, or 10 to 18 
years if the victim is a child or adolescent.
    Government efforts to combat trafficking are the responsibility of 
the public prosecutor's Family Protection Directorate, the National 
Institutes for Women and Minors, and the Ministry of Interior and 
Justice's Crime Prevention Unit. Enforcement efforts generally were 
limited.
    In some cases the Government provided trafficking victims with 
psychological and physical examinations. It did not, however, operate 
shelters for victims of trafficking. Several NGOs complained that they 
lacked government support and cooperation to assist victims, although 
the Government operated a hot line and conducted information campaigns 
to prevent future trafficking cases.
    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 in 
education, employment, health care, and the provision of other state 
services. Persons with disabilities had minimal access to public 
transportation, and ramps practically were nonexistent, even in 
government buildings. The law requires that all newly constructed or 
renovated public parks and buildings provide access and prohibits 
discrimination in employment practices and in the provision of public 
services; however, the Government did not make a significant effort to 
implement the law, inform the public of it, or combat societal 
prejudice against persons with disabilities.

    Indigenous People.--Although the law prohibits discrimination based 
on ethnic origin, members of the country's indigenous population 
suffered from inattention to, and violation of, their rights. There 
were approximately 300,000 indigenous people in 27 ethnic groups. Many 
indigenous people were isolated from urban areas, lacked access to 
basic health and educational facilities and suffered from high rates of 
disease. In the Amacuro Delta, for example, an unknown epidemic 
(assumed to be similar to woodland rabies) killed 39 members of the 
Warao tribe. The Government included indigenous people in its literacy 
campaigns, in some cases teaching them to read and write in their own 
languages, as well as in Spanish.
    The law creates three seats in the National Assembly for indigenous 
deputies and also provides for ``the protection of indigenous 
communities and their progressive incorporation into the life of the 
nation.'' Nonetheless, local political authorities seldom took account 
of the interests of indigenous people when making decisions affecting 
their lands, cultures, traditions, or the allocation of natural 
resources. Few indigenous people held title to their land, and many did 
not want to do so because most indigenous groups rejected the concept 
of individual property. Instead, they called on the Government to 
recognize lands traditionally inhabited by them as territories 
belonging to each respective indigenous group.
    According to PROVEA, the process of government demarcation of 
indigenous land and habitat has stalled, resulting in only 1.6 percent 
of indigenous communities benefiting from the 2005 government-sponsored 
initiative. The Perija Sierra particularly experienced frequent 
violations of the rights of the indigenous Yukpa as conflict between 
cattle ranchers/landowners and the indigenous residents continued.

    Other Societal Abuses and Discrimination.--There were no reliable 
statistics on societal violence or discrimination based on sexual 
orientation.
    According to the NGO Citizen Action Against AIDS, persons diagnosed 
with HIV/AIDS frequently were discriminated against at the workplace 
and often were refused access to government health services.
Section 6. Worker Rights
    a. The Right of Association.--While the law provides that all 
private and public sector workers (except members of the armed forces) 
have the right to form and join unions of their choice, the Government 
continued to violate these rights. Approximately 10 to 12 percent of 
the 12 million-person labor force was unionized. As of August only 
53,800 persons were covered under collective bargaining agreements, a 
sharp decline from previous years.
    Nevertheless, the number of recognized trade union organizations 
increased. The Government asserted that it had registered 629 trade 
union organizations in 2007 and 433 trade union organizations during 
the first seven months of the year.
    The CNE has the authority to administer internal elections of labor 
confederations. Labor unions complained of long delays in obtaining CNE 
certification of their elections.
    Although the law recognizes the right of all public and private 
sector workers to strike in accordance with conditions established by 
labor law, public servants may strike only if the strike does not cause 
``irreparable damage to the population or to institutions.'' 
Replacement workers are not permitted during legal strikes, and the 
president may order public or private sector strikers back to work and 
submit their disputes to arbitration if the strike ``puts in immediate 
danger the lives or security of all or part of the population.''
    The Government had not resolved any additional cases involving 
19,000 PDVSA employees who were fired during and after the 2002-03 
national strike, beyond those resolved in 2006. The Government 
continued to deny the former workers severance and pension benefits, as 
well as access to company housing, schools, and medical clinics.
    The Ministry of Labor continued to deny registration to UNAPETROL, 
a union composed of oil workers who were later fired for participating 
in the 2002-03 national strike.
    The International Trade Union Confederation (ITUC) 2008 Annual 
Survey of violations of trade union rights indicated that labor 
conflicts related to recruitment practices in the construction and oil 
sectors and, to a lesser extent, in basic industries generated acts of 
violence ranging from physical and verbal assaults to killings. 
According to PROVEA, in the period between September 2007 and October 
2008, at least 42 workers, including 19 union leaders, were affected by 
violence. The ITUC report also stated that the president called on 
trade unions to join the PSUV.

    b. The Right to Organize and Bargain Collectively.--The law 
provides that all public and private sector workers have the right to 
conduct their activities without interference and protects collective 
bargaining. The law stipulates that employers must negotiate a 
collective contract with the union that represents the majority of 
their workers. The International Labor Organization (ILO) has objected 
to this provision and requested that the Government amend it so that 
``in cases where no union organization represents an absolute majority 
of workers, minority organizations may jointly negotiate a collective 
agreement on behalf of their members.''
    According to union leaders, the Government organized groups of 
parallel construction unions to attack and intimidate construction 
workers affiliated with the CTV to gain control of lucrative 
construction projects. According to PROVEA, 29 reported deaths were 
associated with union clashes from October 2007 through September.
    The 2008 ITUC Annual Survey of violations of trade union rights 
notes that an employee of Fetratel reported that 243 collective 
agreements had not been signed in the public sector and that the leader 
of the national center, the National Workers' Union, stated that the 
framework agreement for the public administration has not been 
discussed for 27 months and one covering Labor Ministry employees has 
not been discussed for 16 years. The survey noted that the workers' 
representative in the People's Front estimated that 3,500 collective 
agreements were not being discussed. The teachers' union, called the 
Venezuelan Teachers' Federation, and its 27 affiliated organizations 
lodged a formal complaint with the ILO to request that the state 
restore its collective bargaining rights, which were blocked in 2006.
    There are no special laws or exemptions from regular labor laws in 
the sole export processing zone of Punto Fijo, Falcon State.

    c. Prohibition of Forced or Compulsory Labor.--While the law 
prohibits forced or compulsory labor, including by children, there were 
reports of trafficking in children for employment purposes, 
particularly in the informal economic sector.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace. The Ministry 
of Labor and the National Institute for Minors enforced child labor 
policies effectively in the formal sector of the economy but less so in 
the informal sector. The Community Center of Apprenticeship, a domestic 
NGO promoting the rights of children, estimated that there were 
approximately one million minors working and that a large percentage of 
them did not receive the salary and benefits due to them under the law; 
however, a 2006 study by Understanding Children's Work, a child labor 
research program sponsored by the ILO, UNICEF, and the World Bank, 
found that approximately 130,000 children ages 10 to 14 were working in 
the country. Children most frequently worked in agriculture, retail 
trade, hotels, restaurants, manufacturing, and community and social 
services.
    The law sets the minimum employment age at 14. The law permits 
children ages 12 to 14 to work only if the National Institute for 
Minors or the Ministry of Labor grants special permission; children 
ages 14 to 16 may not work without the permission of their legal 
guardians. Those under 16 years of age may by law work no more than six 
hours per day or 30 hours per week. Minors under the age of 18 may work 
only between 6 a.m. and 7 p.m. Minors may not work in mines or smelting 
factories, in occupations that risk life or health or could damage 
intellectual or moral development, or in public spectacles. Fines are 
established for employing children ages eight to 11, and for employing 
a 12 or 13 year-old without a work authorization. Employing a child 
younger than eight years of age is punishable by one to three years' 
imprisonment. Employers must notify authorities if they hire a minor as 
a domestic worker.
    The law prohibits inducing the prostitution and corruption of 
minors. Penalties range from three to 18 months in prison and up to 
four years in prison if the minor is younger than 12 years old. If the 
crime is committed repeatedly or for profit, it is punishable by three 
to six years' imprisonment. Prison sentences for inducing a minor into 
prostitution are increased by up to five years if various aggravating 
circumstances occur. Penalties for several crimes relating to child 
prostitution do not apply if the perpetrator marries the victim. The 
production and sale of child pornography is prohibited, and the law 
establishes penalties of 16 to 20 years' imprisonment for this crime. 
The law establishes sentences of one to three years' incarceration for 
forced child labor. There were no substantiated reports that these 
penalties were enforced.
    The Ministry of Education, Culture, and Sports ran educational 
programs to reincorporate school dropouts and adults into the 
educational system; however, there was no independent accounting of the 
effectiveness of the programs.

    e. Acceptable Conditions of Work.--On April 30, President Chavez 
announced a 30 percent increase in the monthly minimum wage and in all 
public sector employees' salaries to 799 Bs.F (approximately $372). The 
national minimum wage did not provide a decent standard of living for a 
worker and family. The Ministry of Labor enforced minimum wage rates 
effectively in the formal sector, but approximately 50 percent of the 
population worked in the informal sector, where labor laws and 
protections generally were not enforced.
    The law stipulates that the work week may not exceed 44 hours. 
Managers are prohibited from obligating employees to work additional 
time, and workers have the right to weekly time away from work. 
Overtime may not exceed two hours daily, 10 hours weekly, or 100 hours 
annually and may not be paid at a rate less than time-and-one-half. The 
ministry effectively enforced these standards in the formal sector.
    While the constitution provides for secure, hygienic, and adequate 
working conditions, authorities conducted infrequent inspections to 
implement the Health and Safety Law. Employers are required to report 
work-related accidents, and the law obligates employers to pay 
specified amounts (up to a maximum of 25 times the minimum monthly 
salary) to workers for accidents or occupational illnesses, regardless 
of who is responsible for the injury. Workplaces must maintain 
``sufficient protection for health and life against sickness and 
accidents,'' and penalties range from one quarter to twice the minimum 
monthly salary for first infractions. In practice ministry inspectors 
seldom closed unsafe job sites. Under the law workers may remove 
themselves from dangerous workplace situations without jeopardy to 
continued employment.

                               __________



                               APPENDIX A

                              ----------                              


   Notes on Preparation of the Country Reports and Explanatory Notes

                              ----------                              

    The annual Country Reports on Human Rights Practices are 
based on information available from a wide variety of sources, 
including U.S. and foreign government officials, victims of 
human rights abuse, academic and congressional studies, and 
reports from the press, international organizations, and 
nongovernmental organizations (NGOs) concerned with human 
rights. We find particularly helpful, and make reference in the 
reports to, the role of NGOs, ranging from groups within a 
single country to those that concern themselves with human 
rights worldwide. While much of the information that we use is 
already public, information on particular abuses frequently 
cannot be attributed, for obvious reasons, to specific sources. 
This report reflects the Department of State's assessments and 
concerns with respect to the human rights situation around the 
world. The Department of States does not use sources or 
information it believes lack credibility.
    By law, the Secretary of State must submit the Country 
Reports to Congress by February 25. The Country Reports cover 
respect for human rights in foreign countries and territories 
worldwide; they do not purport to assess any human rights 
implications of actions by the United States Government or its 
representatives, nor do they consider human rights implications 
of actions by the United States Government or of coalition 
forces in Iraq or Afghanistan. To comply with the congressional 
requirement for the reporting of human rights practices, we 
provide guidance to U.S. diplomatic missions in July for 
submission of draft reports in September and October, which we 
update at year's end as necessary. Other offices in the 
Department of State provide contributions, and the Bureau of 
Democracy, Human Rights and Labor prepares a final draft. Due 
to the submission deadline, the report may not reflect 
developments that became known only after the end of the year. 
We make every effort to include references to major events or 
significant changes in trends.
    We have attempted to make the reports as comprehensive, 
objective and uniform as possible in both scope and quality of 
coverage. We have paid particular attention to attaining a high 
standard of consistency in the reports despite the multiplicity 
of sources and the problems associated with varying degrees of 
access to information, structural differences in political, 
legal, and social systems.
    Evaluating the credibility of reports of human rights 
abuses is often difficult. Most governments and opposition 
groups deny that they commit human rights abuses and sometimes 
go to great lengths to conceal any evidence of such acts. There 
are often few eyewitnesses to specific abuses, and they 
frequently are intimidated or otherwise prevented from 
reporting what they know. On the other hand, individuals and 
groups opposed to a government sometimes have powerful 
incentives to exaggerate or fabricate abuses, and some 
governments similarly distort or exaggerate abuses attributed 
to opposition groups. We have made every effort to identify 
those groups (for example, government forces or terrorists) or 
individuals who are believed, based on all the evidence 
available, to have committed human rights or other abuses. Many 
governments that profess to oppose human rights abuses in fact 
secretly order or tacitly condone them or simply lack the will 
or the ability to control those responsible for them. 
Consequently, in judging a government's policy, the reports 
look beyond statements of policy or intent and examine what a 
government has done to prevent human rights abuses, including 
the extent to which it investigates, brings to trial, and 
appropriately punishes those who commit such abuses.
    To increase uniformity, each country report begins with a 
brief overview that includes a description of the country's 
political structure and the extent to which civilian 
authorities control security agencies. The overview summarizes 
human rights developments during the calendar year, identifying 
abuses and notable specific improvements.
    We have continued the effort from previous years to cover 
human rights problems affecting women, children, persons with 
disabilities, and indigenous people in the reports. The 
appropriate section of each country report discusses any abuses 
that are targeted specifically against women (for example, rape 
or other violence perpetrated by governmental or organized 
opposition forces, or discriminatory laws or regulations). In 
Section 5, we discuss socioeconomic discrimination; 
discrimination against persons with HIV/AIDS; societal violence 
against women, children, homosexuals, persons with 
disabilities, or ethnic minorities; and the efforts, if any, of 
governments to combat these problems.
    The following notes on specific sections in each country 
report are not meant to be comprehensive descriptions but 
rather to provide an overview of the key problems covered and 
their organization:

    Arbitrary or Unlawful Deprivation of Life.--Includes 
killings by governments without due process of law or where 
there is evidence of a political motive. Also covers 
extrajudicial killings (for example, the unlawful and 
deliberate killing of individuals carried out by order of a 
government or with its complicity), as well as killings by 
police or security forces and actions that resulted in the 
unintended death of persons without due process of law (for 
example, mistargeted bombing or shelling or killing of 
bystanders). The section generally excludes combat deaths and 
killings by common criminals if the likelihood of political 
motivation can be ruled out. Deaths in detention due to adverse 
conditions are covered in detail in the section on ``Torture 
and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.''

    Disappearance.--Covers cases in which political motivation 
appears likely and in which the victims have not been found or 
perpetrators have not been identified. Cases eventually 
classified as political killings in which the bodies of missing 
persons are discovered also are covered in the previous 
section, while those eventually identified as having been 
arrested or held in detention may be covered under ``Arbitrary 
Arrest or Detention.''

    Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Covers torture (an act of intentionally inflicting 
severe pain, whether physical or mental) and cruel, inhuman, or 
degrading treatment or punishment committed by or at the 
instigation of government forces, including paramilitary 
forces, or opposition groups. The section discusses actual 
occurrences, not whether they fit any precise definition, and 
includes use of physical and other force that may fall short of 
torture but which is cruel, inhuman, or degrading, including 
judicially sanctioned violent or abusive punishment. There also 
may be discussion of poor treatment that may not constitute 
torture or cruel, inhuman, or degrading treatment. The section 
also covers prison conditions and deaths in prison due to 
adverse conditions.

    Arbitrary Arrest or Detention.--Includes cases in which 
detainees, including political detainees, are held arbitrarily 
in official custody without being charged or, if charged, are 
denied a public preliminary judicial hearing within a 
reasonable period. The section also includes subsections on the 
role of the police and security apparatus, arrest and detention 
practices, and any amnesties that may have occurred during the 
year.

    Denial of Fair Public Trial.--Describes the court system 
and evaluates whether there is an independent judiciary and 
whether trials are both fair and public (failure to hold any 
trial is noted in the section above). The subsection 
``Political Prisoners and Detainees'' covers persons convicted, 
imprisoned or detained essentially for political beliefs or 
nonviolent acts of dissent or expression, regardless of the 
actual legal charge. The subsection ``Civil Judicial Procedures 
and Remedies'' inquires whether there is access to an 
independent and impartial court to seek damages for or 
cessation of an alleged human rights violation. The optional 
subsection ``Property Restitution'' is included if there is a 
systemic failure of a government to enforce court orders with 
respect to restitution or compensation for the taking of 
private property under domestic law.

    Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Includes government punishment of family 
members for alleged violations by individuals and efforts to 
coerce or forbid membership in a political organization. 
Discusses the ``passive'' right of the individual to 
noninterference by the state. It includes the right to receive 
foreign publications, for example, while the right to publish 
is discussed under ``Freedom of Speech and Press.'' Includes 
the right to be free from coercive population control measures, 
including coerced abortion and involuntary sterilization, but 
does not include cultural or traditional practices, such as 
female genital mutilation.

    Use of Excessive Force and Other Abuses in Internal 
Conflicts.--This optional section describes abuses in countries 
experiencing significant internal armed conflict. Includes 
indiscriminate, nonselective killings arising from excessive 
use of force, or by the shelling of villages (deliberate, 
targeted killing is discussed in the section on ``Arbitrary or 
Unlawful Deprivation of Life''). Also includes abuses against 
civilian noncombatants. For countries where use of this section 
would be inappropriate because there is no significant internal 
or external conflict, killings by security forces are discussed 
in the section on ``Arbitrary or Unlawful Deprivation of 
Life''; nonlethal abuses are discussed in the section on 
``Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.''

    Freedom of Speech and Press.--Evaluates whether these 
freedoms exist and describes any direct or indirect 
restrictions. A subsection (``Internet Freedom'') includes 
discussion of monitoring or restriction on the peaceful 
expression of opinion via the Internet. Another subsection, 
entitled ``Academic Freedom and Cultural Events,'' includes 
information on restrictions, intimidation and censorship in 
these fields.

    Freedom of Peaceful Assembly and Association.--Evaluates 
the ability of individuals and groups (including political 
parties) to exercise these freedoms. It considers instances of 
government failure to provide permits and licenses for 
meetings, demonstrations, as well as information on the ability 
of trade associations, professional bodies, NGOS and similar 
groups to maintain relations or affiliate with recognized 
international bodies in their fields. The right of workers to 
associate, organize, and bargain collectively is discussed 
under the section on ``Worker Rights'' (see Appendix B).

    Freedom of Religion.--Discusses whether the law provides 
for the right of citizens of any religious belief to worship 
free of government interference and whether the government 
generally respected that right. The section covers the freedom 
to publish religious documents in foreign languages; addresses 
the treatment of foreign clergy and whether religious belief or 
lack thereof affects membership in a ruling party, a career in 
government, or ability to obtain services and privileges 
available to other citizens. The subsection ``Societal Abuses 
and Discrimination'' reports societal violence, harassment and 
discrimination against members of religious groups. Examples of 
anti-Semitism, if applicable, are included in this subsection. 
The annual International Religious Freedom Report supplements 
the information in this section.

    Freedom of Movement, Internally Displaced Persons, 
Protection of Refugees, and Stateless Persons.--The section 
discusses whether and under what circumstances governments 
exiled citizens, restricted foreign travel, especially for 
women, and revoked passports. It includes subsections 
``Internally Displaced Persons (IDPs)'' (if applicable), 
``Protection of Refugees,'' and ``Stateless Persons'' (if 
applicable.) As defined in the 1951 Convention Relating to the 
Status of Refugees and its 1967 Protocol, refugees are persons 
outside their country of origin or, if stateless, outside their 
country of habitual residence who have a well-founded fear of 
persecution for reasons of race, religion, nationality, 
membership in a particular social group, or political opinion, 
and who are unable or unwilling to avail themselves of the 
protection of that country. Under certain regional instruments, 
such as the Organization of African Unity Convention governing 
the specific aspects of refugee problems in Africa, the term 
refugee may refer to persons displaced by civil strife, 
widespread violence or natural disaster. The subsection 
``Protection of Refugees'' reviews the government's extension 
of assistance and protection to refugees, including 
nonrefoulement, the provision of temporary protection, support 
for voluntary repatriation, longer term integration 
opportunities and third country resettlement. It also covers 
abuse and discrimination against refugees. The subsection on 
stateless persons examines whether a country has habitual 
residents who are legally stateless (not recognized as 
nationals under the laws of any state) or de facto stateless 
(not recognized as nationals by any state even if these 
individuals have a claim to nationality under the laws of a 
particular state). The report reviews whether the government 
has effectively implemented laws and policies to provide such 
persons the opportunity to gain nationality on a 
nondiscriminatory basis. The subsection also examines, among 
other matters, whether there is violence or discrimination 
against stateless persons in employment, education, housing, 
health services, marriage or birth registration, access to 
courts or the owning of property.

    Respect for Political Rights: The Right of Citizens to 
Change Their Government.--Discusses the extent to which 
citizens have freedom of political choice and the legal right 
and ability in practice to change the laws and officials that 
govern them. The subsection ``Elections and Political 
Participation'' assesses whether elections were free and fair, 
including participation by women and minorities on an equal 
basis. The subsection ``Government Corruption and 
Transparency'' covers allegations of corruption in the 
executive or legislative branches of government and actions 
taken to combat it. Also, the subsection covers whether the 
public has access in law and practice to government 
information.

    Governmental Attitude Regarding International and 
Nongovernmental Investigation of Alleged Violations of Human 
Rights.--Discusses whether the government permits the free 
functioning of local human rights groups (including the right 
to investigate and publish their findings on alleged human 
rights abuses), whether these groups are subject to reprisal by 
government or other forces, and whether government officials 
are cooperative and responsive to their views. The section also 
discusses whether the government grants access to and 
cooperates with outside entities (including foreign human 
rights organizations, international organizations, and foreign 
governments) interested in human rights developments in the 
country. Reports on national human rights commissions, 
parliamentary commissions, relations with international war 
crimes tribunals and truth or similar commissions.

    Discrimination, Societal Abuses, and Trafficking in 
Persons.--Contains subheadings on Women, Children, Trafficking 
in Persons, and Persons with Disabilities. If applicable, also 
includes subheadings on National/Racial/Ethnic Minorities, 
Indigenous People, Other Societal Abuses and Discrimination, 
and Incitement to Acts of Discrimination. The section addresses 
discrimination and abuses not discussed elsewhere in the 
report, focusing on laws, regulations, or state practices that 
are inconsistent with equal access to housing, employment, 
education, health care, or other governmental benefits for 
members of specific groups. (Abuses by government or opposition 
forces, such as killing, torture and other violence, or 
restriction of voting rights or free speech targeted against 
specific groups would be discussed under the appropriate 
preceding sections.) The subsection ``Women'' discusses 
societal violence against women, e.g., ``dowry deaths,'' 
``honor killings,'' wife beating, rape, female genital 
mutilation, and government tolerance of such practices, as well 
as the extent to which the law provides for, and the government 
enforces, equality of economic opportunity for women. The 
subsection ``Children'' discusses violence or other abuse 
against children. The subsection ``Persons with Disabilities'' 
covers discrimination against persons with physical and mental 
disabilities in, among other things, employment, education, and 
the provision of other government services.
    The trafficking in persons subsection covers all acts 
involving the recruitment, harboring, transportation, 
provision, or obtaining of a person (man, woman, or child) for 
labor or services, through the use of force, fraud, or coercion 
for the purpose of subjection to involuntary servitude, 
peonage, debt bondage, or slavery. Sex trafficking is the 
recruitment, harboring, transportation, provision, or obtaining 
of a person for the purpose of a commercial sex act induced by 
force, fraud, or coercion, or in which the person induced to 
perform such an act has not attained 18 years of age. Reporting 
describes any legal prohibitions against trafficking; the 
extent to which the government enforces these prohibitions; the 
extent and nature of trafficking in persons to, from, or within 
the country, other geographic regions or countries affected by 
the traffic; the participation, facilitation, involvement or 
complicity of any government agents in trafficking; and aid or 
protection available to victims.

                     WORKER RIGHTS--SEE APPENDIX B

Explanatory Notes
    Occasionally the Country Reports on Human Rights Practices 
state that a country ``generally respected'' the rights of its 
citizens. The phrase ``generally respected'' is used because 
the protection and promotion of human rights is a dynamic 
endeavor; it cannot accurately be stated that any government 
fully respected these rights all the time without qualification 
in even the best of circumstances. Accordingly, ``generally 
respected'' is the standard phrase used to describe all 
countries that attempt to protect human rights in the fullest 
sense, and is thus the highest level of respect for human 
rights assigned by this report.
    In some instances, Country Reports use the word 
``Islamist,'' which should be interpreted by readers as a 
Muslim who supports Islamic values and beliefs as the basis for 
political and social life.
    Since the Secretary of State designates foreign groups or 
organizations as foreign terrorist organizations (FTOs) on the 
FTO list, only those groups on the FTO list dated April 8, 2008 
will be described as ``terrorists'' in the reports.
    When describing whether a government provides ``protection 
against refoulement,'' the reports are referring to whether the 
government refrained from expelling or returning a refugee in 
any manner whatsoever to the frontiers of territories where his 
or her life or freedom would be threatened on account of race, 
religion, nationality, political opinion, or membership in a 
particular social group
    Subject headings in these reports are used to introduce 
general topics, and the report text that follows such headings 
is intended to describe facts generally relevant to those 
topics and is not intended to reach conclusions of a legal 
character.

                              ----------                              




                               APPENDIX B

                              ----------                              


                       Reporting on Worker Rights

                              ----------                              

    The 1984 Generalized System of Preferences (GSP) Renewal 
Act requires reporting on worker rights in GSP beneficiary 
countries. It states that internationally recognized worker 
rights include: ``(A) the right of association; (B) the right 
to organize and bargain collectively; (C) a prohibition on the 
use of any form of forced or compulsory labor; (D) a minimum 
age for the employment of children; and (E) acceptable 
conditions of work with respect to minimum wages, hours of 
work, and occupational safety and health.'' All five aspects of 
worker rights are discussed in each country report under the 
section heading ``Worker Rights.'' The discussion of worker 
rights considers not only laws and regulations but also their 
practical implementation.
    This discussion is informed by internationally recognized 
labor standards, including the Conventions and Recommendations 
of the International Labor Organization (ILO). Differences in 
the levels of economic development are taken into account in 
the formulation of the standards related to working conditions, 
but not to the basic human rights standards, such as freedom of 
association, the right to organize and bargain collectively, 
the prohibition of forced labor and child labor, and the 
absence of discrimination in employment. Some specific 
guidelines derived from international standards are discussed 
below.


 A. ``The right of association'' has been defined by the ILO to 
        include the right of workers and employers to establish 
        and join organizations of their own choosing without 
        previous authorization; to draw up their own 
        constitutions and rules, elect their representatives, 
        and formulate their programs; to join in confederations 
        and affiliate with international organizations; and to 
        be protected against dissolution or suspension by 
        administrative authority.
      The right of association includes the right of workers to 
        strike. While it is generally accepted for strikes to 
        be restricted in the public sector and in essential 
        services, the interruption of which would endanger the 
        life, personal safety, or health of a significant 
        portion of the population, these restrictions must be 
        offset by adequate safeguards for the interests of the 
        workers concerned (for example, mechanisms for 
        mediation and arbitration, due process, and the right 
        to judicial review of legal actions). Reporting on 
        restrictions on the ability of workers to strike 
        generally includes information on any procedures that 
        may exist for safeguarding workers' interests.

 B. ``The right to organize and bargain collectively'' includes 
        the right of workers to be represented in negotiating 
        the prevention and settlement of disputes with 
        employers, the right to protection against 
        interference, and the right to protection against acts 
        of antiunion discrimination. Governments should promote 
        mechanisms for voluntary negotiations between employers 
        and workers and their organizations. Coverage of the 
        right to organize and bargain collectively includes a 
        review of the extent to which collective bargaining 
        takes place and the extent to which workers, both in 
        law and practice, are protected against antiunion 
        discrimination.

 C. ``Forced or compulsory labor'' is defined as work or 
        service exacted under the menace of penalty and for 
        which a person has not volunteered. ``Work or service'' 
        does not apply where obligations are imposed to undergo 
        education or training. ``Menace of penalty'' includes 
        loss of rights or privileges as well as penal 
        sanctions. The ILO has exempted the following from its 
        definition of forced labor: compulsory military 
        service, normal civic obligations, certain forms of 
        prison labor, emergencies, and minor communal services. 
        Constitutional provisions concerning the obligation of 
        citizens to work do not violate this right so long as 
        they do not take the form of legal obligations enforced 
        by sanctions and are consistent with the principle of 
        ``freely chosen employment."

 D. ``Prohibition of child labor and minimum age for 
        employment'' concerns the effective abolition of child 
        labor by raising the minimum age for employment to a 
        level consistent with the fullest physical and mental 
        development of young people. ILO Convention 182 on the 
        ``worst forms of child labor'' identifies anyone under 
        the age of 18 as a child and specifies certain types of 
        employment as ``the worst forms of child labor.'' These 
        worst forms of labor include slavery, debt bondage, 
        forced labor, forced recruitment into armed conflict, 
        child prostitution and pornography, involvement in 
        illicit activity such as drug production or 
        trafficking, and ``work which, by its nature, or the 
        circumstances in which it is carried out, is likely to 
        harm the health, safety or morals or children.'' In 
        limited circumstances, ILO Convention 182 permits the 
        employment of children between the ages of 16 and 18 in 
        what the convention describes as an ``unhealthy 
        environment,'' if adequate protective measures have 
        been taken.

 E. ``Acceptable conditions of work'' refers to the 
        establishment and maintenance of mechanisms, adapted to 
        national conditions, that provide for minimum working 
        standards, that is: wages that provide a decent living 
        for workers and their families; working hours that do 
        not exceed 48 hours per week, with a full 24-hour day 
        of rest; a specified number of annual paid leave days; 
        and minimum conditions for the protection of the safety 
        and health of workers.

                              ----------                              



                                                                                           APPENDIX C
                                                                         Selected International Human Rights Conventions
                                                                          (See Footnotes for Treaty/Convention Titles)
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                              COUNTRY                                 A    B    C    D    E    F    G    H    I    J    K    L    M    N    O    P    Q    R    S    T    U    V    W    X    Y
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Afghanistan........................................................   P    -    -    P    -    P    P    P    -    P    P    P    P    P    P    P    P    -    -    -    -    S    P    P    -
Albania*...........................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Algeria............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Andorra............................................................   -    -    -    P    -    P    P    -    P    -    -    -    P    P    -    -    -    -    -    -    -    P    P    P    -
Angola.............................................................   -    P    P    -    P    P    P    -    -    P    -    P    -    P    P    P    P    -    P    P    -    P    -    P    P
Antigua & Barbuda..................................................   P    P    P    P    P    P    P    -    -    1    P    P    P    -    -    P    P    -    P    P    P    P    P    P    P
Argentina..........................................................   -    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Armenia............................................................   -    P    P    P    P    P    P    -    P    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Australia..........................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Austria............................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Azerbaijan.........................................................   P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    -    P    -    -    P    P    P    P
Bahamas............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    -    -    P    P    -    P    P    P    P    -    P    P
Bahrain............................................................   P    P    -    P    -    P    P    -    -    -    P    P    P    P    -    -    -    -    -    P    P    P    P    P    P
Bangladesh.........................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    -    -    -    -    P    P    P    P    P    P
Barbados...........................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    -    -    P    P    P    P    P    -    P    P
Belarus............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Belgium............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Belize.............................................................   1    P    P    P    P    P    P    -    -    -    1    P    P    P    S    P    P    -    P    P    P    P    P    P    P
Benin..............................................................   2    P    P    -    P    P    P    -    -    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Bhutan*............................................................   -    -    -    -    -    P    P    -    -    -    -    -    S    -    -    -    -    -    -    -    -    P    -    P    -
Bolivia............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Bosnia & Herzegovina...............................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Botswana...........................................................   1    P    P    -    P    P    P    -    -    -    1    P    P    P    -    P    P    -    P    P    P    P    P    P    P
Brazil.............................................................   P    P    -    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Brunei*............................................................   1    -    -    -    -    P    P    -    -    -    1    -    -    -    -    -    -    -    -    P    P    P    -    P    -
Bulgaria...........................................................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Burkina Faso.......................................................   -    P    P    P    P    P    P    P    -    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Burma..............................................................   P    P    P    P    -    P    P    S    -    S    -    -    -    -    -    -    -    -    -    -    -    P    -    P    -
Burundi............................................................   -    P    P    P    P    P    P    -    -    P    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Cambodia...........................................................   -    P    P    P    P    P    P    S    S    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Cameroon...........................................................   P    P    P    -    P    P    P    P    -    -    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Canada.............................................................   P    -    P    P    -    P    P    -    -    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Cape Verde.........................................................   -    P    P    -    P    P    P    -    -    -    -    P    P    P    P    -    P    -    -    P    P    P    P    P    P
Central African Republic...........................................   2    P    P    -    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    -    P    P
Chad...............................................................   -    P    P    -    P    P    P    -    -    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Chile..............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
China..............................................................   2    -    -    P    -    P    P    -    -    P    -    -    P    S    P    P    P    -    P    P    P    P    P    P    P
China (Hong Kong)..................................................   P    -    -    P    -    -    -    -    -    P    -    -    P    -    -    -    -    -    -    -    -    P    P    P    -
China (Macau from 12-20-99)........................................   -    -    -    P    -    -    -    -    -    -    -    -    P    -    -    -    -    -    -    -    -    -    -    P    -
China (Macau to 12-19-99)..........................................   -    -    -    P    -    -    -    P    -    -    P    -    P    P    P    P    P    -    -    -    -    P    P    P    -
China (Taiwan only)*...............................................   P    -    -    P    -    -    -    -    -    P    P    -    P    S    S    -    -    -    -    -    -    -    -    -    -
Colombia...........................................................   S    P    P    P    P    P    P    -    -    P    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Comoros............................................................   -    P    P    P    P    P    P    -    -    -    -    P    P    -    -    -    -    -    P    P    P    P    S    P    P
Congo, Democratic Republic of......................................   -    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Congo, Republic of.................................................   2    P    P    -    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    -    P    P
Cook Islands.......................................................   -    -    -    -    -    P    P    -    -    -    -    -    -    -    -    -    -    -    -    P    P    P    -    -    -
Costa Rica.........................................................   -    P    P    P    P    P    P    -    -    P    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Cote D'Ivoire......................................................   2    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Croatia............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Cuba...............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    -    -    -    -    -    P    P    P    P    P    P    -
Cyprus.............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Czech Republic.....................................................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Denmark............................................................   P    P    P    P    P    P    P    S    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Djibouti...........................................................   -    P    P    -    P    P    P    P    -    -    P    P    S    P    P    P    P    -    P    P    P    P    P    P    P
Dominica...........................................................   P    P    P    -    P    P    P    -    -    1    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P
Dominican Republic.................................................   S    P    P    S    P    P    P    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    S    P    P
East Timor.........................................................   -    -    -    -    -    -    P    -    -    -    -    -    -    -    -    -    -    -    -    P    P    -    -    -    -
Ecuador............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Egypt..............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
El Salvador........................................................   -    P    P    P    P    P    P    -    -    S    S    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Equatorial Guinea..................................................   -    P    P    -    P    P    P    -    -    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Eritrea............................................................   -    P    P    -    P    P    P    -    -    -    -    P    P    P    P    -    -    -    P    -    -    P    -    P    -
Estonia............................................................   2    P    P    P    P    P    P    -    P    -    -    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Ethiopia...........................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Fiji...............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    -    -    P    P    -    P    -    -    P    -    P    P
Finland............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
France.............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Gabon..............................................................   -    P    P    P    P    P    P    -    -    P    -    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Gambia.............................................................   1    P    P    P    P    P    P    -    -    -    1    P    P    P    P    P    P    -    P    P    P    P    S    P    P
Georgia............................................................   -    P    P    P    P    P    P    -    P    P    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Germany............................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Ghana..............................................................   2    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Greece.............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Grenada............................................................   1    P    P    1    P    P    P    -    -    1    1    P    S    P    P    -    -    P    P    P    P    P    -    P    P
Guatemala..........................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Guinea.............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Guinea-Bissau......................................................   -    P    -    -    P    P    P    -    -    -    -    P    S    S    P    P    P    -    -    P    P    P    S    P    -
Guyana.............................................................   1    P    P    -    P    P    P    -    -    -   ...   P    P    P    P    -    -    -    P    P    P    P    P    P    P
Haiti..............................................................   2    P    P    P    P    P    P    P    -    P    P    P    P    P    -    P    P    P    -    P    P    P    -    P    -
Holy See...........................................................   -    -    -    -    -    P    P    -    -    -    -    -    P    -    -    P    P    -    -    P    P    -    P    P    -
Honduras...........................................................   -    P    P    P    P    P    P    P    -    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Hungary............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Iceland............................................................   -    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
India..............................................................   P    P    -    P    -    P    P    P    -    P    P    P    P    P    P    -    -    -    -    -    -    P    S    P    -
Indonesia..........................................................   -    P    P    -    P    P    P    -    -    P    -    P    P    P    P    -    -    -    P    -    -    P    P    P    P
Iran...............................................................   S    P    -    P    -    P    P    S    -    -    P    P    P    P    P    P    P    -    -    S    S    -    -    P    P
Iraq...............................................................   P    P    -    P    P    P    P    P    -    -    P    P    P    P    P    -    -    -    P    -    -    P    -    P    P
Ireland............................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Israel.............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    -    -    P    P    P    P
Italy..............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Jamaica............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P
Japan..............................................................   -    P    P    -    P    P    P    P    -    P    -    -    P    P    P    P    P    -    P    P    P    P    P    P    P
Jordan.............................................................   P    P    -    P    P    P    P    P    -    P    P    P    P    P    P    -    -    -    P    P    P    P    P    P    P
Kazakhstan.........................................................   -    P    P    P    P    P    P    S    P    P    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Kenya..............................................................   -    P    -    -    P    P    P    -    -    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Kiribati*..........................................................   1    P    P    -    P    P    P    -    -    1    1    P    -    1    1    -    1    -    -    -    -    P    -    P    -
Korea, Dem. Rep. of*...............................................   -    -    -    P    -    P    P    -    -    -    -    -    -    P    P    -    -    -    -    P    -    P    -    P    -
Korea, Republic of*................................................   -    -    -    P    -    P    P    P    -    P    -    -    P    P    P    P    P    -    P    P    P    P    P    P    P
Kuwait.............................................................   P    P    P    P    -    P    P    P    -    -    P    P    P    P    P    -    -    -    P    P    P    P    P    P    P
Kyrgyzstan.........................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Laos...............................................................   -    P    -    P    -    P    P    P    -    P    P    -    P    S    S    -    -    -    P    P    P    P    -    P    P
Latvia.............................................................   2    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Lebanon............................................................   2    P    -    P    P    P    P    -    -    P    -    P    P    P    P    -    -    -    P    P    P    P    P    P    P
Lesotho............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Liberia............................................................   P    P    P    P    P    P    P    S    -    S    S    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Libya..............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    -    -    -    P    P    P    P    P    P    P
Liechtenstein*.....................................................   -    -    -    P    -    P    P    -    P    -    -    -    P    P    P    P    P    -    -    P    P    P    P    P    -
Lithuania..........................................................   S    P    P    P    P    P    P    -    P    -    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Luxembourg.........................................................   -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Macedonia..........................................................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Madagascar.........................................................   P    P    P    -    P    P    P    S    -    P    P    -    P    P    P    P    -    -    P    P    P    P    P    P    P
Malawi.............................................................   P    P    P    -    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Malaysia...........................................................   -    P    -    P    P    P    P    -    -    -    P    -    -    -    -    -    -    -    P    -    -    P    -    P    P
Maldives*..........................................................   -    -    -    P    -    P    P    -    -    -    -    -    P    P    P    -    -    -    -    -    P    P    P    P    P
Mali...............................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Malta..............................................................   P    P    P    -    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Marshall Islands*..................................................   -    -    -    -    -    -    P    -    -    -    -    -    -    -    -    -    -    -    -    -    -    P    -    P    -
Mauritania.........................................................   P    P    P    -    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Mauritius..........................................................   P    P    P    -    P    P    P    -    -    P    P    P    P    P    P    -    -    -    P    P    P    P    P    P    P
Mexico.............................................................   P    P    P    P    -    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    -    P    P    P    P
Micronesia*........................................................   -    -    -    -    -    P    P    -    -    -    -    -    -    -    -    -    -    -    -    P    P    P    -    P    -
Moldova............................................................   -    P    P    P    P    P    P    -    P    P    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Monaco*............................................................   P    -    -    P    -    P    P    -    S    -    -    -    P    P    P    P    -    -    -    P    P    P    P    P    -
Mongolia...........................................................   P    -    P    P    P    P    P    -    -    P    P    -    P    P    P    -    -    -    P    P    P    P    P    P    P
Montenegro.........................................................   P    -    -    P    -    P    P    P    -    P    P    -    P    P    P    P    P    -    -    P    P    P    P    P    -
Morocco............................................................   P    P    -    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    S    S    P    P    P    P
Mozambique.........................................................   -    P    P    P    P    P    P    -    -    -    -    P    P    P    -    P    P    -    P    P    P    P    P    P    P
Namibia............................................................   -    P    P    P    P    P    P    -    -    -    -    P    P    P    P    P    -    -    P    P    P    P    P    P    P
Nauru*.............................................................   -    -    -    -    -    P    P    -    -    -    -    -    S    S    -    -    -    -    -    P    P    -    S    P    -
Nepal..............................................................   P    P    -    P    P    P    P    P    -    P    P    -    P    P    P    -    -    -    P    -    -    P    P    P    P
Netherlands........................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
New Zealand........................................................   P    P    -    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P
Nicaragua..........................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Niger..............................................................   P    P    P    -    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Nigeria............................................................   P    P    P    -    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Niue...............................................................   -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    -    P    -
Norway.............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Oman*..............................................................   -    P    -    -    -    P    P    -    -    -    -    P    P    -    -    -    -    -    P    P    P    P    -    P    P
Pakistan...........................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    -    S    -    -    -    P    S    S    P    -    P    P
Palau..............................................................   -    -    -    -    -    P    P    -    -    -    -    -    -    -    -    -    -    -    -    P    P    -    -    P    -
Panama.............................................................   S    P    P    P    P    P    P    -    -    -    -    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Papua New Guinea...................................................   P    P    P    P    P    P    P    -    -    P    -    P    P    -    -    P    P    -    P    -    -    P    -    P    P
Paraguay...........................................................   -    P    P    P    P    P    P    -    -    P    -    P    S    P    P    P    P    P    P    P    P    P    P    P    P
Peru...............................................................   P    P    P    P    P    P    -    -    P    S    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Philippines........................................................   P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    S    P    P    P    P    P
Poland.............................................................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Portugal...........................................................   2    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Qatar..............................................................   -    P    -    -    -    P    P    -    -    -    -    -    P    -    -    -    -    -    P    P    P    -    P    P    P
Romania............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Russia.............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Rwanda.............................................................   -    P    P    P    P    P    P    -    -    -    P    P    P    P    P    P    P    -    P    P    P    P    -    P    P
Samoa*.............................................................   -    -    -    -    -    P    P    -    -    -    -    -    -    -    -    P    P    -    -    P    P    P    -    P    -
San Marino.........................................................   -    P    P    -    P    P    P    -    P    -    P    P    P    P    P    -    -    -    P    P    P    -    P    P    P
Sao Tome & Principe................................................   -    P    P    -    P    P    P    -    -    -    -    P    S    S    S    P    P    -    P    P    P    S    S    P    P
Saudi Arabia.......................................................   P    P    -    P    -    P    P    -    -    -    P    P    P    -    -    -    -    -    -    P    P    P    P    P    P
Senegal............................................................   2    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Serbia.............................................................   -    P    P    -    P    -    P    -    P    -    -    P    -    -    -    -    -    -    P    P    -    P    -    -    P
Seychelles.........................................................   2    P    P    P    P    P    P    P    -    1    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Sierra Leone.......................................................   P    P    P    -    P    P    P    -    -    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    -
Singapore..........................................................   P    -    P    P    P    P    P    -    -    P    -    -    -    -    -    -    -    P    -    -    P    -    P    P
Slovak Republic....................................................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Slovenia...........................................................   -    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Solomon Islands....................................................   P    P    -    -    -    P    P    -    -    P    P    -    1    -    1    P    P    -    -    P    P    P    -    P    -
Somalia............................................................   -    P    -    -    -    P    P    -    -    -    -    P    P    P    P    P    P    -    -    -    -    -    P    S    -
South Africa*......................................................   P    P    P    P    P    P    P    P    -    S    -    P    P    P    S    P    P    -    P    P    P    P    P    P    P
Spain..............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Sri Lanka..........................................................   P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    -    -    -    P    -    -    P    P    P    P
St. Kitts & Nevis*.................................................   1    P    P    -    P    P    P    -    -    1    1    P    P    -    -    P    -    -    P    P    P    P    -    P    P
St. Lucia..........................................................   P    P    P    1    P    P    P    -    -    1    P    P    P    -    -    -    -    -    -    P    P    P    -    P    P
St. Vincent & the Grenadines*......................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P
Sudan..............................................................   P    P    -    -    P    P    P    -    -    -    P    P    P    P    P    P    P    -    P    P    P    -    S    P    P
Suriname...........................................................   2    P    P    -    P    P    P    -    -    1    P    P    P    P    P    P    P    P    -    P    P    P    -    P    P
Swaziland..........................................................   1    P    P    -    P    P    P    -    -    P    1    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Sweden.............................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Switzerland........................................................   P    P    P    P    P    P    P    -    P    -    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Syria..............................................................   P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    -    -    -    P    P    -    -    P    P    P
Tajikistan*........................................................   -    P    P    -    P    P    P    P    -    P    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Tanzania...........................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    -    P    P
Thailand...........................................................   -    P    -    -    -    P    P    -    -    P    -    P    P    P    P    -    -    -    P    -    -    P    -    P    P
Togo...............................................................   2    P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Tonga*.............................................................   1    -    -    P    -    P    P    -    -    1    1    1    P    -    -    -    -    -    -    P    P    -    -    P    -
Trinidad & Tobago..................................................   P    P    P    -    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    -    P    P
Tunisia............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Turkey.............................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    S    S    P    P    -    P    -    -    P    P    P    P
Turkmenistan.......................................................   P    P    P    -    P    P    P    -    -    P    P    P    P    P    P    P    P    -    -    P    P    P    P    P    -
Tuvalu*............................................................   1    -    -    -    -    P    P    -    -    1    1    -    -    1    -    P    P    -    -    -    -    P    -    P    -
Uganda.............................................................   P    P    P    P    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Ukraine............................................................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
United Arab Emirates...............................................   -    P    -    P    -    P    P    -    -    -    -    P    P    -    -    -    -    -    P    P    P    P    -    P    P
United Kingdom.....................................................   P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
United States......................................................   P    -    -    P    -    P    P    -    -    P    P    P    P    P    S    -    P    S    -    S    S    S    P    S    P
Uruguay............................................................   S    P    P    P    P    P    P    -    -    S    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Uzbekistan.........................................................   -    P    -    P    P    P    P    P    -    P    -    P    P    P    P    -    -    -    -    P    P    P    P    P    -
Vanuatu*...........................................................   -    -    P    -    P    P    P    -    -    -    1    P    -    -    -    -    -    -    -    P    P    P    -    P    P
Venezuela..........................................................   -    P    P    P    P    P    P    P    -    P    -    P    P    P    P    -    P    P    P    P    P    P    P    P    P
Vietnam*...........................................................   P    -    -    P    -    P    P    -    -    -    -    -    P    P    P    -    -    -    P    P    -    P    -    P    P
Yemen..............................................................   P    P    P    P    P    P    P    P    -    P    -    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Yugoslavia (former Yugoslavia).....................................   P    P    P    P    P    P    P    P    -    P    P    -    P    P    P    P    P    -    P    P    P    P    P    P    -
Zambia.............................................................   P    P    P    -    P    P    P    -    -    P    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P
Zimbabwe...........................................................   1    P    P    P    P    P    P    P    -    P    P    P    P    P    P    P    P    -    P    P    P    P    -    P    P
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P = Party
S = Signatory
* = non-ILO member
1 = Based on general declaration concerning treaty obligations prior to independence
2 = Party to 1926 Convention only
 
================================================================================================================================================================================================
 
Key to Human Rights Conventions:  A-Slavery  B-ILO Convention 29  C-ILO Convention 87  D- Genocide  E-ILO Convention 98  F-Prisoners of War  G-Civilians in War  H-Traffic in Persons  I-
  European HR Conv.  J-Pol. Rights of Women  K-Suppl. Slavery Conv.  L-ILO Convention 105  M-Racial Discrimination  N-Civil and Pol. Rights  O-Econ./Soc./Cul. Rights  P-UN Refugee Convention
  Q-UN Refugee Protocol  R-American HR Conv.  S-ILO Convention 138  T-Geneva Protocol I  U-Geneva Protocol II  V-Disc. Against Women  W-Torture  X-Rights of the Child  Y-ILO Convention 182

                               APPENDIX D

                              ----------                              


  Description of International Human Rights Conventions in Appendix C

                              ----------                              

    A.  Convention to Suppress the Slave Trade and Slavery of 
September 25,1926, as amended by the Protocol of December 7, 
1953.

    B.  Convention Concerning Forced Labor of June 28, 1930 
(ILO Convention 29).

    C.  Convention Concerning Freedom of Association and 
Protection of the Right to Organize of July 9, 1948 (ILO 
Convention 87).

    D.  Convention on the Prevention and Punishment of the 
Crime of Genocide of December 9, 1948.

    E.  Convention Concerning the Application of the Principles 
of the Right to Organize and Bargain Collectively of July 1, 
1949 (ILO Convention 98).

    F.  Geneva Convention Relative to the Treatment of 
Prisoners of War of August 12, 1949.

    G.  Geneva Convention Relative to the Protection of 
Civilian Persons in Time of War of August 12, 1949.

    H.  Convention for the Suppression of the Traffic in 
Persons and of the Exploitation of the Prostitution of Others 
of March 21, 1950.

    I.  European Convention for the Protection of Human Rights 
and Fundamental Freedoms of November 4, 1950.

    J.  Convention on the Political Rights of Women of March 
31, 1953.

    K.  Supplementary Convention on the Abolition of Slavery, 
the Slave Trade, and Institutions and Practices Similar to 
Slavery of September 7, 1956.

    L.  Convention Concerning the Abolition of Forced Labor of 
June 25, 1957 (ILO Convention 105).

    M.  International Convention on the Elimination of All 
Forms of Racial Discrimination of December 21, 1965.

    N.  International Covenant on Civil and Political Rights of 
December 16, 1966.

    O.  International Covenant on Economic, Social and Cultural 
Rights of December 16, 1966.

    P.  Convention Relating to the Status of Refugees of July 
28, 1951.

    Q.  Protocol Relating to the Status of Refugees of January 
31, 1967.

    R.  American Convention on Human Rights of November 22, 
1969.

    S.  Convention Concerning Minimum Age for Admission to 
Employment of June 26, 1973 (ILO Convention 138).

    T.  Protocol Additional to the Geneva Conventions of August 
12, 1949, and Relating to the Protection of Victims of 
International Armed Conflicts (Protocol I), of June 8, 1977.

    U.  Protocol Additional to the Geneva Conventions of August 
12, 1949, and Relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II), of June 8, 1977.

    V.  Convention on the Elimination of All Forms of 
Discrimination Against Women of December 18, 1979.

    W.  Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment of December 10, 1984.

    X.  Convention on the Rights of the Child of November 20, 
1989.

    Y.  Convention Concerning the Prohibition and Immediate 
Action for the Elimination of the Worst Forms of Child Labor of 
June 17, 1999 (ILO Convention 182).

                              ----------                              



                                                                       APPENDIX E
                                                           Country Assistance FY 2008--Part I
                                                                    ($ in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              All
                                           Accounts       DA         CSH        ESF         TI        SEED       FSA       INCLE       ACI        NADR
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL...................................  22,067,296   1,623,622  1,829,152  2,989,838     44,636    293,553    396,497    556,405    319,848    483,055
========================================================================================================================================================
Africa..................................   5,210,088     674,156    739,330    183,249         --         --         --     21,642         --     24,471
Africa Regional Overview................          --          --         --         --         --         --         --         --         --         --
  Angola................................      41,274       5,500     27,946         --         --         --         --         --         --      6,300
  Benin.................................      28,630       6,300     22,187         --         --         --         --         --         --         --
  Botswana..............................      79,158          --         --         --         --         --         --         --         --         --
  Burkina Faso..........................      10,026          --         --         --         --         --         --         --         --         --
  Burundi...............................      18,067       6,530      6,031         --         --         --         --         --         --        350
  Cameroon..............................       2,270          --      1,488         --         --         --         --         --         --         --
  Cape Verde............................         596          --         --         --         --         --         --        496         --         --
  Central African Republic..............          95          --         --         --         --         --         --         --         --         --
  Chad..................................       5,060          --         --         --         --         --         --         --         --         --
  Comoros...............................          95          --         --         --         --         --         --         --         --         --
  Cote d'Ivoire.........................     100,895          --         --         --         --         --         --         --         --         --
  Democratic Republic of the Congo......     103,914      23,418     41,518     18,846         --         --         --      1,488         --         --
  Djibouti..............................       4,761       1,500        496         --         --         --         --        298         --         --
  Ethiopia..............................     455,134      37,067     54,779         --         --         --         --         --         --         --
  Gabon.................................         191          --         --         --         --         --         --         --         --         --
  Ghana.................................      70,803      25,412     35,074         --         --         --         --        496         --         --
  Guinea................................      13,580       2,400      7,758         --         --         --         --         --         --         --
  Guinea-Bissau.........................          96          --         --         --         --         --         --         --         --         --
  Kenya.................................     586,838      32,125     39,384         --         --         --         --         --         --      5,777
  Lesotho...............................      12,027          --      8,828         --         --         --         --         --         --         --
  Liberia...............................     162,372      29,863     23,235     43,192         --         --         --      4,096         --         --
  Madagascar............................      58,748       9,669     33,445         --         --         --         --         --         --         --
  Malawi................................      85,169      15,500     47,560         --         --         --         --         --         --         --
  Mali..................................      58,073      23,400     30,998         --         --         --         --         --         --         --
  Mauritania............................       5,590         500         --         --         --         --         --         --         --         --
  Mauritius.............................         144          --         --         --         --         --         --         --         --         --
  Mozambique............................     281,552      11,356     36,349         --         --         --         --         --         --         --
  Namibia...............................     107,555       3,025      1,934         --         --         --         --         --         --         --
  Niger.................................      17,891       2,900         --         --         --         --         --         --         --         --
  Nigeria...............................     486,167      29,710     43,166         --         --         --         --      1,190         --         --
  Republic of the Congo.................          96          --         --         --         --         --         --         --         --         --
  Rwanda................................     152,704       3,720     28,672         --         --         --         --         --         --         --
  Sao Tome and Principe.................         687          --        496         --         --         --         --         --         --         --
  Senegal...............................      57,135      21,798     29,279         --         --         --         --         --         --         --
  Seychelles............................          96          --         --         --         --         --         --         --         --         --
  Sierra Leone..........................      27,317       2,120         --     12,399         --         --         --         --         --         --
  Somalia...............................      14,202      10,419        748         --         --         --         --         --         --        754
  South Africa..........................     574,258       9,250      6,951         --         --         --         --         --         --         --
  State Africa Regional (AF)............      16,196          --         --      7,936         --         --         --         --         --      7,141
  Sudan.................................     337,308     127,721     17,488    100,876         --         --         --     13,578         --      4,000
  Swaziland.............................      11,628          --      8,332         --         --         --         --         --         --         --
  Tanzania..............................     345,671      21,439     52,796         --         --         --         --         --         --        149
  The Gambia............................         115          --         --         --         --         --         --         --         --         --
  Togo..................................          96          --         --         --         --         --         --         --         --         --
  Uganda................................     350,767      32,600     39,851         --         --         --         --         --         --         --
  Zambia................................     300,962      17,917     32,789         --         --         --         --         --         --         --
  Zimbabwe..............................      27,212       4,729     19,153         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Africa Regional (AFR).............     113,274      95,077     18,197         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Central Africa Regional...........      15,500      15,500         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID East Africa Regional..............      21,648      13,098      8,550         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Southern Africa Regional..........      11,812       9,828      1,984         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID West Africa Regional..............      34,633      22,765     11,868         --         --         --         --         --         --         --
========================================================================================================================================================
East Asia and Pacific...................     674,025     154,831    105,221    230,552         --         --         --     10,217         --     27,004
  Burma.................................      15,695         717      2,083     12,895         --         --         --         --         --         --
  Cambodia..............................      57,943       8,087     28,322     14,879         --         --         --         --         --      3,890
  China.................................      21,839       9,919      4,960      4,960         --         --         --         --         --         --
  Fiji..................................         247          --         --         --         --         --         --         --         --         --
  Indonesia.............................     189,924      70,953     25,737     64,474         --         --         --      6,150         --      5,861
  Laos..................................       5,877          --        992        298         --         --         --      1,567         --      2,953
  Malaysia..............................       2,874          --         --         --         --         --         --         --         --      1,998
  Marshall Islands......................          57          --         --         --         --         --         --         --         --         --
  Mongolia..............................       6,493       4,577         --         --         --         --         --         --         --         --
  North Korea...........................      53,000          --         --     53,000         --         --         --         --         --         --
  Papua New Guinea......................       2,746          --      2,480         --         --         --         --         --         --         --
  Philippines...........................     116,618      27,321     24,967     27,773         --         --         --        794         --      4,531
  Samoa.................................          38          --         --         --         --         --         --         --         --         --
  Singapore.............................         725          --         --         --         --         --         --         --         --        725
  Solomon Islands.......................         143          --         --         --         --         --         --         --         --         --
  Taiwan................................         635          --         --         --         --         --         --         --         --        635
  Thailand..............................       6,952          --        992         --         --         --         --      1,686         --      2,483
  Timor-Leste...........................      23,263       5,000      1,000     16,862         --         --         --         20         --         --
  Tonga.................................         383          --         --         --         --         --         --         --         --         --
  Vanuatu...............................         109          --         --         --         --         --         --         --         --         --
  Vietnam...............................     102,294       2,420         --     10,613         --         --         --         --         --      3,075
--------------------------------------------------------------------------------------------------------------------------------------------------------
State East Asia and Pacific Regional....      26,405          --         --     24,798         --         --         --         --         --        853
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Regional Development Mission-Asia       39,765      25,837     13,688         --         --         --         --         --         --         --
 (RDM/A)................................
========================================================================================================================================================
Europe..................................     787,638          --     11,960     31,742         --    293,553    313,947        298         --     18,730
  Albania...............................      21,688          --        500         --         --     17,717         --         --         --        785
  Armenia...............................      62,599          --        500         --         --         --     58,026         --         --        600
  Azerbaijan............................      26,841          --      1,990         --         --         --     18,846         --         --      2,077
  Belarus...............................      10,192          --         --         --         --         --     10,192         --         --         --
  Bosnia and Herzegovina................      33,260          --         --         --         --     27,773         --         --         --      1,243
  Bulgaria..............................       8,502          --         --         --         --         --         --         --         --        300
  Croatia...............................         895          --         --         --         --         --         --         --         --        595
  Cyprus................................      10,911          --         --     10,911         --         --         --         --         --         --
  Czech Republic........................       3,475          --         --         --         --         --         --         --         --         --
  Estonia...............................       2,552          --         --         --         --         --         --         --         --         --
  Georgia...............................      63,812          --        750         --         --         --     50,091         --         --      3,210
  Greece................................         450          --         --         --         --         --         --         --         --         --
  Hungary...............................       2,082          --         --         --         --         --         --         --         --         --
  Ireland...............................      15,871          --         --     15,871         --         --         --         --         --         --
  Kosovo................................     146,682          --         --         --         --    146,301         --         --         --         --
  Latvia................................       2,552          --         --         --         --         --         --         --         --         --
  Lithuania.............................       2,552          --         --         --         --         --         --         --         --         --
  Macedonia.............................      26,052          --         --         --         --     21,822         --         --         --        932
  Malta.................................          43          --         --         --         --         --         --         --         --         --
  Moldova...............................      15,225          --         --         --         --         --     14,184         --         --         --
  Montenegro............................       9,130          --         --         --         --      8,435         --         --         --        600
  Poland................................      28,980          --         --         --         --         --         --         --         --         --
  Portugal..............................         450          --         --         --         --         --         --         --         --         --
  Romania...............................      12,811          --         --         --         --         --         --         --         --         --
  Russia................................      81,239          --      4,296         --         --         --     71,640         --         --      1,500
  Serbia................................      53,935          --         --         --         --     51,563         --         --         --      2,105
  Slovakia..............................       2,082          --         --         --         --         --         --         --         --         --
  Slovenia..............................       1,218          --         --         --         --         --         --         --         --         --
  Turkey................................      12,159          --         --         --         --         --         --        298         --      2,187
  Ukraine...............................      83,408          --      1,891         --         --         --     72,409         --         --      2,100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Europe Regional.........................      24,306          --      2,033      1,835         --     19,942         --         --         --        496
--------------------------------------------------------------------------------------------------------------------------------------------------------
Joint Eurasia Regional..................      21,684          --         --      3,125         --         --     18,559         --         --         --
========================================================================================================================================================
Near East...............................   5,257,107      17,914      2,883  1,138,261         --         --         --      5,356         --     55,809
  Algeria...............................       2,077          --         --        400         --         --         --        198         --        813
  Bahrain...............................       5,827          --         --         --         --         --         --         --         --      1,240
  Egypt.................................   1,705,891          --         --    411,639         --         --         --      1,984         --      1,561
  Iran..................................      21,623          --         --     21,623         --         --         --         --         --         --
  Iraq..................................      21,177          --         --      4,960         --         --         --         --         --     15,975
  Israel................................   2,380,560          --         --         --         --         --         --         --         --         --
  Jordan................................     687,770          --         --    361,412         --         --         --      1,488         --     23,571
  Kuwait................................          14          --         --         --         --         --         --         --         --         --
  Lebanon...............................      58,248          --         --     44,636         --         --         --        496         --      4,745
  Libya.................................         633          --         --         --         --         --         --         --         --        300
  Morocco...............................      26,661       4,136         --     15,374         --         --         --        496         --      1,317
  Oman..................................       8,229          --         --         --         --         --         --         --         --      2,089
  Qatar.................................         282          --         --         --         --         --         --         --         --        268
  Saudi Arabia..........................         113          --         --         --         --         --         --         --         --         99
  Tunisia...............................      11,953          --         --      1,200         --         --         --        198         --        497
  United Arab Emirates..................         314          --         --         --         --         --         --         --         --        300
  West Bank and Gaza....................     217,986          --         --    217,986         --         --         --         --         --         --
  Yemen.................................      16,555       4,913      2,883      1,500         --         --         --        496         --      3,034
--------------------------------------------------------------------------------------------------------------------------------------------------------
MERC Middle East Regional Cooperation...       4,960          --         --      4,960         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Multilateral Force and Observers        24,798          --         --         --         --         --         --         --         --         --
 (MFO)..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Near East Regional (NEA)..........      49,595          --         --     49,595         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Asia and Middle East Regional           11,841       8,865         --      2,976         --         --         --         --         --         --
 (AME)..................................
========================================================================================================================================================
South and Central Asia..................   2,157,877     241,222    213,860    897,810         --         --     82,550    294,644         --     55,885
  Afghanistan...........................   1,058,418     148,651     63,017    540,502         --         --         --    272,574         --     21,626
  Bangladesh............................     105,009      29,190     37,181         --         --         --         --        198         --      6,301
  India.................................      99,813      16,547     59,939         --         --         --         --         --         --      2,684
  Kazakhstan............................      21,055          --        893         --         --         --     14,879         --         --      2,992
  Kyrgyz Republic.......................      30,114          --        595         --         --         --     25,046         --         --      2,488
  Maldives..............................         186          --         --         --         --         --         --         --         --         --
  Nepal.................................      40,373       9,136     19,891      9,423         --         --         --         30         --      1,141
  Pakistan..............................     737,958      29,757     29,816    347,165         --         --         --     21,822         --      9,725
  Sri Lanka.............................       7,397       5,241         --         --         --         --         --         20         --      1,143
  Tajikistan............................      30,922          --      1,239         --         --         --     25,789         --         --      2,984
  Turkmenistan..........................       7,188          --        397         --         --         --      5,455         --         --      1,050
  Uzbekistan............................       9,497          --        892         --         --         --      8,405         --         --        200
--------------------------------------------------------------------------------------------------------------------------------------------------------
State South and Central Asia Regional          1,320          --         --        720         --         --         --         --         --        600
 (SCA)..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Central Asia Regional.............       5,927          --         --         --         --         --      2,976         --         --      2,951
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID South Asia Regional...............       2,700       2,700         --         --         --         --         --         --         --         --
========================================================================================================================================================
Western Hemisphere......................   1,481,935     247,427    134,201    406,413         --         --         --     87,763    319,848     11,714
  Argentina.............................       2,015          --         --         --         --         --         --        198         --        916
  Belize................................         243          61         --         --         --         --         --         --         --         --
  Bolivia...............................     103,383      25,918     16,936     16,862         --         --         --        397     29,757        425
  Brazil................................      15,880       9,983      3,200         --         --         --         --         --        992        526
  Chile.................................       1,467          --         --         --         --         --         --         99         --        797
  Colombia..............................     540,703          --         --    194,412         --         --         --     41,907    244,618      3,288
  Costa Rica............................         178          --         --         --         --         --         --         --         --         --
  Cuba..................................      45,330          --         --     45,330         --         --         --         --         --         --
  Dominican Republic....................      39,134      12,403     10,411     12,399         --         --         --        992         --        496
  Eastern Caribbean.....................       1,592          --         --         --         --         --         --        496         --        496
  Ecuador...............................      25,200       9,855      2,000      5,951         --         --         --         99      6,943        174
  El Salvador...........................      31,104      15,451      8,425         --         --         --         --        744         --        104
  Guatemala.............................      62,939      18,067     14,623     11,903         --         --         --      3,472         --         --
  Guyana................................      23,988       3,750         --         --         --         --         --         --         --         --
  Haiti.................................     234,239      15,196     19,805     62,881         --         --         --      8,927         --         --
  Honduras..............................      40,191      15,149     12,035         --         --         --         --        744         --         --
  Jamaica...............................      12,387       8,690      1,190         --         --         --         --        992         --        501
  Mexico................................      50,637       8,215      2,678     11,903         --         --         --     26,553         --        919
  Nicaragua.............................      31,320      15,091      7,753         --         --         --         --        972         --         74
  Panama................................       4,410       2,000         --         --         --         --         --         --        992      1,242
  Paraguay..............................       8,308       5,472      2,100         --         --         --         --        278         --        268
  Peru..................................      90,306      10,911     12,785     29,757         --         --         --         --     36,546        109
  Suriname..............................         199          61         --         --         --         --         --         --         --         --
  The Bahamas...........................       1,182          --         --         --         --         --         --        496         --        496
  Trinidad and Tobago...................       1,364          --         --         --         --         --         --        397         --        883
  Uruguay...............................         178          --         --         --         --         --         --         --         --         --
  Venezuela.............................       9,542       6,519         --      2,976         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Western Hemisphere Regional (WHA).      16,007          --         --     12,039         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Caribbean Regional................      13,010       4,107      5,703         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Central America Regional..........      12,353       8,565      3,374         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Latin America and Caribbean             61,162      49,979     11,183         --         --         --         --         --         --         --
 Regional (LAC).........................
========================================================================================================================================================
USAID South America Regional............       1,984       1,984         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Asia and Near East Regional.............      21,179      16,497      4,682         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Asia and Near East Regional.......      21,179      16,497      4,682         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
DCHA--Democracy, Conflict, and             1,473,786      88,835     13,044     38,686     44,636         --         --         --         --         --
 Humanitarian Assistance................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Democracy, Conflict and              1,473,786      88,835     13,044     38,686     44,636         --         --         --         --         --
 Humanitarian Assistance (DCHA).........
--------------------------------------------------------------------------------------------------------------------------------------------------------
DRL--Democracy, Human Rights and Labor..     167,890          --         --      5,218         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Democracy, Human Rights, and Labor     167,890          --         --      5,218         --         --         --         --         --         --
 (DRL)..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
EGAT--Economic Growth Agriculture and        141,647     141,647         --         --         --         --         --         --         --         --
 Trade..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Economic Growth, Agriculture and       141,647     141,647         --         --         --         --         --         --         --         --
 Trade (EGAT)...........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
G/TIP--Office to Monitor and Combat           11,903          --         --     11,903         --         --         --         --         --         --
 Trafficking In Persons.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Office to Monitor and Combat            11,903          --         --     11,903         --         --         --         --         --         --
 Trafficking in Persons (G/TIP).........
--------------------------------------------------------------------------------------------------------------------------------------------------------
GH--Global Health.......................     603,971          --    603,971         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Global Health--Core.....................     290,000          --    290,000         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Global Health--International                 313,971          --    313,971         --         --         --         --         --         --         --
 Partnerships...........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
INL--International Narcotics and Law         136,485          --         --         --         --         --         --    136,485         --         --
 Enforcement Affairs....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State International Narcotics and Law        136,485          --         --         --         --         --         --    136,485         --         --
 Enforcement (INL)......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
IO--International Organizations.........     316,897          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
International Organizations (IO)........     316,897          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
ISN--International Security and              183,626          --         --         --         --         --         --         --         --    183,626
 Nonproliferation.......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State International Security and             183,626          --         --         --         --         --         --         --         --    183,626
 Nonproliferation--Other (ISN)..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
ODP--Office of Development Partners.....       8,500       8,500         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Office of Development Partners           8,500       8,500         --         --         --         --         --         --         --         --
 (ODP)..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
OES--Oceans and International                 17,656          --         --     17,656         --         --         --         --         --         --
 Environmental and Scientific Affairs...
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Oceans and International                17,656          --         --     17,656         --         --         --         --         --         --
 Environment and Scientific Affairs
 (OES)..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM--Political-Military Affairs..........     217,989          --         --         --         --         --         --         --         --     64,555
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Political-Military Affairs (PM)...     217,989          --         --         --         --         --         --         --         --     64,555
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRM--Population, Refugees, and Migration   1,067,814          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Population, Refugees and Migration   1,067,814          --         --         --         --         --         --         --         --         --
 (PRM)..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reserve.................................      52,331      23,983         --     28,348         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Development Grants Program..............      37,197      12,399         --     24,798         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unallocated Earmarks....................      15,134      11,584         --      3,550         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
S/CT--Office of the Coordinator for           41,261          --         --         --         --         --         --         --         --     41,261
 Counterterrorism.......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Coordinator for Counterterrorism        41,261          --         --         --         --         --         --         --         --     41,261
 (CT)...................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
S/GAC--Office of the Global AIDS           1,243,351          --         --         --         --         --         --         --         --         --
 Coordinator............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of the U.S. Global AIDS             1,243,351          --         --         --         --         --         --         --         --         --
 Coordinator............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Management........................     783,730          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Capital Investment Fund...........      87,287          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Development Credit Authority Admin       8,094          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Inspector General Operating             37,692          --         --         --         --         --         --         --         --         --
 Expense................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Operating Expense.................     650,657          --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Program Management Initiatives....       8,610       8,610         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Program Management Initiatives....       8,610       8,610         --         --         --         --         --         --         --        --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Levels are as of 6/1/2008.


                                                                       APPENDIX E
                                                           Country Assistance FY 2008--Part II
                                                                    ($ in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  IMET         FMF        PKO        ERMA       IO&P       MRA       PL 480      IDFA        DF        GHAI    AID Admin
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL........................      85,181   4,550,482    261,381     44,636    316,897  1,023,178  1,210,864    429,739    162,672  4,661,930    783,730
========================================================================================================================================================
Africa.......................      13,004       6,457    130,222         --         --         --    220,942         --         --  3,196,615         --
Africa Regional Overview.....          --          --         --         --         --         --         --         --         --         --         --
  Angola.....................         476          --         --         --         --         --         --         --         --      1,052         --
  Benin......................         143          --         --         --         --         --         --         --         --         --         --
  Botswana...................         658          --         --         --         --         --         --         --         --     78,500         --
  Burkina Faso...............          96          --         --         --         --         --      9,930         --         --         --         --
  Burundi....................         191          --         --         --         --         --      4,965         --         --         --         --
  Cameroon...................         282          --         --         --         --         --         --         --         --        500         --
  Cape Verde.................         100          --         --         --         --         --         --         --         --         --         --
  Central African Republic...          95          --         --         --         --         --         --         --         --         --         --
  Chad.......................          95          --         --         --         --         --      4,965         --         --         --         --
  Comoros....................          95          --         --         --         --         --         --         --         --         --         --
  Cote d'Ivoire..............          95          --         --         --         --         --         --         --         --    100,800         --
  Democratic Republic of the          477         397      5,455         --         --         --      9,930         --         --      2,385         --
   Congo.....................
  Djibouti...................       4,761       1,500        496         --         --         --         --        298         --         --        334
  Ethiopia...................         620         843         --         --         --         --     24,825         --         --    337,000         --
  Gabon......................         191          --         --         --         --         --         --         --         --         --         --
  Ghana......................         572         298         --         --         --         --      6,951         --         --      2,000         --
  Guinea.....................         334         109         --         --         --         --      2,979         --         --         --         --
  Guinea-Bissau..............          96          --         --         --         --         --         --         --         --         --         --
  Kenya......................         524         198         --         --         --         --      6,951         --         --    501,879         --
  Lesotho....................          49          --         --         --         --         --         --         --         --      3,150         --
  Liberia....................         287         298     51,664         --         --         --      8,937         --         --        800         --
  Madagascar.................         239          --         --         --         --         --     14,895         --         --        500         --
  Malawi.....................         287          --         --         --         --         --     17,874         --         --      3,948         --
  Mali.......................         239          --         --         --         --         --      1,986         --         --      1,450         --
  Mauritania.................         125          --         --         --         --         --      4,965         --         --         --         --
  Mauritius..................         144          --         --         --         --         --         --         --         --         --         --
  Mozambique.................         287          --         --         --         --         --     19,860         --         --    213,700         --
  Namibia....................          96          --         --         --         --         --         --         --         --    102,500         --
  Niger......................          96          --         --         --         --         --     14,895         --         --         --         --
  Nigeria....................         762       1,339         --         --         --         --         --         --         --    410,000         --
  Republic of the Congo......          96          --         --         --         --         --         --         --         --         --         --
  Rwanda.....................         382          --         --         --         --         --      9,930         --         --    110,000         --
  Sao Tome and Principe......         191          --         --         --         --         --         --         --         --         --         --
  Senegal....................       1,048          --         --         --         --         --      3,475         --         --      1,535         --
  Seychelles.................          96          --         --         --         --         --         --         --         --         --         --
  Sierra Leone...............         382          --         --         --         --         --     11,916         --         --        500         --
  Somalia....................          --          --      2,281         --         --         --         --         --         --         --         --
  South Africa...............         857          --         --         --         --         --         --         --         --    557,200         --
  State Africa Regional (AF).         127         992         --         --         --         --         --         --         --         --         --
  Sudan......................         287          --     70,822         --         --         --         --         --         --      2,536         --
  Swaziland..................          96          --         --         --         --         --         --         --         --      3,200         --
  Tanzania...................         287          --         --         --         --         --         --         --         --    271,000         --
  The Gambia.................         115          --         --         --         --         --         --         --         --         --         --
  Togo.......................          96          --         --         --         --         --         --         --         --         --         --
  Uganda.....................         477          --         --         --         --         --     22,839         --         --    255,000         --
  Zambia.....................         382          --         --         --         --         --     17,874         --         --    232,000         --
  Zimbabwe...................          --          --         --         --         --         --         --         --         --      3,330         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Africa Regional (AFR)..          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Central Africa Regional          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID East Africa Regional...          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Southern Africa                  --          --         --         --         --         --         --         --         --         --         --
 Regional....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID West Africa Regional...          --          --         --         --         --         --         --         --         --         --         --
========================================================================================================================================================
East Asia and Pacific........       7,089      47,621         --         --         --         --         --         --         --     91,490         --
  Burma......................          --          --         --         --         --         --         --         --         --         --         --
  Cambodia...................          67         198         --         --         --         --         --         --         --      2,500         --
  China......................          --          --         --         --         --         --         --         --         --      2,000         --
  Fiji.......................         247          --         --         --         --         --         --         --         --         --         --
  Indonesia..................         927      15,572         --         --         --         --         --         --         --        250         --
  Laos.......................          67          --         --         --         --         --         --         --         --         --         --
  Malaysia...................         876          --         --         --         --         --         --         --         --         --         --
  Marshall Islands...........          57          --         --         --         --         --         --         --         --         --         --
  Mongolia...................         923         993         --         --         --         --         --         --         --         --         --
  North Korea................          --          --         --         --         --         --         --         --         --         --         --
  Papua New Guinea...........         266          --         --         --         --         --         --         --         --         --         --
  Philippines................       1,475      29,757         --         --         --         --         --         --         --         --         --
  Samoa......................          38          --         --         --         --         --         --         --         --         --         --
  Singapore..................          --          --         --         --         --         --         --         --         --         --         --
  Solomon Islands............         143          --         --         --         --         --         --         --         --         --         --
  Taiwan.....................          --          --         --         --         --         --         --         --         --         --         --
  Thailand...................       1,142         149         --         --         --         --         --         --         --        500         --
  Timor-Leste................         381          --         --         --         --         --         --         --         --         --         --
  Tonga......................         185         198         --         --         --         --         --         --         --         --         --
  Vanuatu....................         109          --         --         --         --         --         --         --         --         --         --
  Vietnam....................         186          --         --         --         --         --         --         --         --     86,000         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State East Asia and Pacific            --         754         --         --         --         --         --         --         --         --         --
 Regional....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Regional Development         39,765      25,837     13,688         --         --         --         --         --         --         --
 Mission--Asia (RDM/A).......
========================================================================================================================================================
Europe.......................      24,735      88,673         --         --         --         --         --         --         --      4,000         --
  Albania....................         571       2,115         --         --         --         --         --         --         --         --         --
  Armenia....................         497       2,976         --         --         --         --         --         --         --         --         --
  Azerbaijan.................         952       2,976         --         --         --         --         --         --         --         --         --
  Belarus....................          --          --         --         --         --         --         --         --         --         --         --
  Bosnia and Herzegovina.....         952       3,292         --         --         --         --         --         --         --         --         --
  Bulgaria...................       1,618       6,584         --         --         --         --         --         --         --         --         --
  Croatia....................         300          --         --         --         --         --         --         --         --         --         --
  Cyprus.....................          --          --         --         --         --         --         --         --         --         --         --
  Czech Republic.............       1,500       1,975         --         --         --         --         --         --         --         --         --
  Estonia....................       1,047       1,505         --         --         --         --         --         --         --         --         --
  Georgia....................         761       9,000         --         --         --         --         --         --         --         --         --
  Greece.....................         450          --         --         --         --         --         --         --         --         --         --
  Hungary....................       1,142         940         --         --         --         --         --         --         --         --         --
  Ireland....................          --          --         --         --         --         --         --         --         --         --         --
  Kosovo.....................         381          --         --         --         --         --         --         --         --         --         --
  Latvia.....................       1,047       1,505         --         --         --         --         --         --         --         --         --
  Lithuania..................       1,047       1,505         --         --         --         --         --         --         --         --         --
  Macedonia..................         476       2,822         --         --         --         --         --         --         --         --         --
  Malta......................          43          --         --         --         --         --         --         --         --         --         --
  Moldova....................         571         470         --         --         --         --         --         --         --         --         --
  Montenegro.................          95          --         --         --         --         --         --         --         --         --         --
  Poland.....................       2,000      26,980         --         --         --         --         --         --         --         --         --
  Portugal...................         450          --         --         --         --         --         --         --         --         --         --
  Romania....................       1,713      11,098         --         --         --         --         --         --         --         --         --
  Russia.....................         303          --         --         --         --         --         --         --         --      3,500         --
  Serbia.....................         267          --         --         --         --         --         --         --         --         --         --
  Slovakia...................       1,047       1,035         --         --         --         --         --         --         --         --         --
  Slovenia...................         842         376         --         --         --         --         --         --         --         --         --
  Turkey.....................       2,855       6,819         --         --         --         --         --         --         --         --         --
  Ukraine....................       1,808       4,700         --         --         --         --         --         --         --        500         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Europe Regional..............          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Joint Eurasia Regional.......          --          --         --         --         --         --         --         --         --         --         --
========================================================================================================================================================
Near East....................      13,306   3,998,780     24,798         --         --         --         --         --         --         --         --
  Algeria....................         666          --         --         --         --         --         --         --         --         --         --
  Bahrain....................         619       3,968         --         --         --         --         --         --         --         --         --
  Egypt......................       1,237   1,289,470         --         --         --         --         --         --         --         --         --
  Iran.......................          --          --         --         --         --         --         --         --         --         --         --
  Iraq.......................         242          --         --         --         --         --         --         --         --         --         --
  Israel.....................          --   2,380,560         --         --         --         --         --         --         --         --         --
  Jordan.....................       2,919     298,380         --         --         --         --         --         --         --         --         --
  Kuwait.....................          14          --         --         --         --         --         --         --         --         --         --
  Lebanon....................       1,428       6,943         --         --         --         --         --         --         --         --         --
  Libya......................         333          --         --         --         --         --         --         --         --         --         --
  Morocco....................       1,713       3,625         --         --         --         --         --         --         --         --         --
  Oman.......................       1,428       4,712         --         --         --         --         --         --         --         --         --
  Qatar......................          14          --         --         --         --         --         --         --         --         --         --
  Saudi Arabia...............          14          --         --         --         --         --         --         --         --         --         --
  Tunisia....................       1,713       8,345         --         --         --         --         --         --         --         --         --
  United Arab Emirates.......          14          --         --         --         --         --         --         --         --         --         --
  West Bank and Gaza.........
  Yemen......................         952       2,777         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
MERC Middle East Regional              --          --         --         --         --         --         --         --         --         --         --
 Cooperation.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Multilateral Force and           --          --     24,798         --         --         --         --         --         --         --         --
 Observers (MFO).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Near East Regional               --          --         --         --         --         --         --         --         --         --         --
 (NEA).......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Asia and Middle East             --          --         --         --         --         --         --         --         --         --         --
 Regional (AME)..............
===============================================================================================================================================
South and Central Asia.......      10,146     301,141         --         --         --         --     54,119         --         --      6,500         --
  Afghanistan................       1,618          --         --         --         --         --      9,930         --         --        500         --
  Bangladesh.................         761         595         --         --         --         --     30,783         --         --         --         --
  India......................       1,237          --         --         --         --         --     13,406         --         --      6,000         --
  Kazakhstan.................         952       1,339         --         --         --         --         --         --         --         --         --
  Kyrgyz Republic............       1,142         843         --         --         --         --         --         --         --         --         --
  Maldives...................         186          --         --         --         --         --         --         --         --         --         --
  Nepal......................         752          --         --         --         --         --         --         --         --         --         --
  Pakistan...................       2,103     297,570         --         --         --         --         --         --         --         --         --
  Sri Lanka..................         571         422         --         --         --         --         --         --         --         --         --
  Tajikistan.................         538         372         --         --         --         --         --         --         --         --         --
  Turkmenistan...............         286          --         --         --         --         --         --         --         --         --         --
  Uzbekistan.................          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State South and Central Asia           --          --         --         --         --         --         --         --         --         --         --
 Regional (SCA)..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Central Asia Regional..          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID South Asia Regional....          --          --         --         --         --         --         --         --         --         --         --
========================================================================================================================================================
Western Hemisphere...........      11,389      66,249         --         --         --         --     76,957         --         --    119,974         --
  Argentina..................         901          --         --         --         --         --         --         --         --         --         --
  Belize.....................         162          --         --         --         --         --         --         --         --         20         --
  Bolivia....................         179          --         --         --         --         --     12,909         --         --         --         --
  Brazil.....................         179          --         --         --         --         --         --         --         --      1,000         --
  Chile......................         571          --         --         --         --         --         --         --         --         --         --
  Colombia...................       1,428      55,050         --         --         --         --         --         --         --         --         --
  Costa Rica.................         178          --         --         --         --         --         --         --         --         --         --
  Cuba.......................          --          --         --         --         --         --         --         --         --         --         --
  Dominican Republic.........         933          --         --         --         --         --         --         --         --      1,500         --
  Eastern Caribbean..........         600          --         --         --         --         --         --         --         --         --         --
  Ecuador....................         178          --         --         --         --         --         --         --         --         --         --
  El Salvador................       1,599       4,761         --         --         --         --         --         --         --         20         --
  Guatemala..................         476         496         --         --         --         --     13,902         --         --         --         --
  Guyana.....................         238          --         --         --         --         --         --         --         --     20,000         --
  Haiti......................         190         982         --         --         --         --     34,258         --         --     92,000         --
  Honduras...................         837         496         --         --         --         --      9,930         --         --      1,000         --
  Jamaica....................         714          --         --         --         --         --         --         --         --        300         --
  Mexico.....................         369          --         --         --         --         --         --         --         --         --         --
  Nicaragua..................         476         496         --         --         --         --      5,958         --         --        500         --
  Panama.....................         176          --         --         --         --         --         --         --         --         --         --
  Paraguay...................         190          --         --         --         --         --         --         --         --         --         --
  Peru.......................         178          --         --         --         --         --         --         --         --         20         --
  Suriname...................         138          --         --         --         --         --         --         --         --         --         --
  The Bahamas................         190          --         --         --         --         --         --         --         --         --         --
  Trinidad and Tobago........          84          --         --         --         --         --         --         --         --         --         --
  Uruguay....................         178          --         --         --         --         --         --         --         --         --         --
  Venezuela..................          47          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Western Hemisphere               --       3,968         --         --         --         --         --         --         --         --         --
 Regional (WHA)..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Caribbean Regional.....          --          --         --         --         --         --         --         --         --      3,200         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Central America                  --          --         --         --         --         --         --         --         --        414         --
 Regional....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Latin America and                --          --         --         --         --         --         --         --         --         --         --
 Caribbean Regional (LAC)....
========================================================================================================================================================
USAID South America Regional.          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Asia and Near East Regional..          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Asia and Near East               --          --         --         --         --         --         --         --         --         --         --
 Regional....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
DCHA--Democracy, Conflict,             --          --         --         --         --         --    858,846    429,739         --         --         --
 and Humanitarian Assistance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Democracy, Conflict and          --          --         --         --         --         --    858,846    429,739         --         --         --
 Humanitarian Assistance
 (DCHA)......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
DRL--Democracy, Human Rights           --          --         --         --         --         --         --         --    162,672         --         --
 and Labor...................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Democracy, Human                 --          --         --         --         --         --         --         --    162,672         --         --
 Rights, and Labor (DRL).....
--------------------------------------------------------------------------------------------------------------------------------------------------------
EGAT--Economic Growth                  --          --         --         --         --         --         --         --         --         --         --
 Agriculture and Trade.......
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Economic Growth,                 --          --         --         --         --         --         --         --         --         --         --
 Agriculture and Trade (EGAT)
--------------------------------------------------------------------------------------------------------------------------------------------------------
G/TIP--Office to Monitor and           --          --         --         --         --         --         --         --         --         --         --
 Combat Trafficking In
 Persons.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Office to Monitor and            --          --         --         --         --         --         --         --         --         --         --
 Combat Trafficking in
 Persons (G/TIP).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
GH--Global Health............          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Global Health--Core..........          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Global Health--International           --          --         --         --         --         --         --         --         --         --         --
 Partnerships................
--------------------------------------------------------------------------------------------------------------------------------------------------------
INL--International Narcotics           --          --         --         --         --         --         --         --         --         --         --
 and Law Enforcement Affairs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
State International Narcotics          --          --         --         --         --         --         --         --         --         --         --
 and Law Enforcement (INL)...
--------------------------------------------------------------------------------------------------------------------------------------------------------
IO--International                      --          --         --         --         --    316,897         --         --         --         --         --
 Organizations...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
International Organizations            --          --         --         --         --    316,897         --         --         --         --         --
 (IO)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
ISN--International Security            --          --         --         --         --         --         --         --         --         --         --
 and Nonproliferation........
--------------------------------------------------------------------------------------------------------------------------------------------------------
State International Security           --          --         --         --         --         --         --         --         --         --         --
 and Nonproliferation--Other
 (ISN).......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
ODP--Office of Development             --          --         --         --         --         --         --         --         --         --         --
 Partners....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Office of Development            --          --         --         --         --         --         --         --         --         --         --
 Partners (ODP)..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
OES--Oceans and International          --          --         --         --         --         --         --         --         --         --         --
 Environmental and Scientific
 Affairs.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Oceans and                       --          --         --         --         --         --         --         --         --         --         --
 International Environment
 and Scientific Affairs (OES)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM--Political-Military              5,512      41,561    106,361         --         --         --         --         --         --         --         --
 Affairs.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Political-Military            5,512      41,561    106,361         --         --         --         --         --         --         --         --
 Affairs (PM),...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRM--Population, Refugees,             --          --         --     44,636         --  1,023,178         --         --         --         --         --
 and Migration...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Population, Refugees             --          --         --     44,636         --  1,023,178         --         --         --         --         --
 and Migration (PRM).........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reserve......................          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Development Grants Program...          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unallocated Earmarks.........          --          --         --         --         --         --         --         --         --         --         --
--------------------------------------------------------------------------------------------------------------------------------------------------------
S/CT--Office of the                    --          --         --         --         --         --         --         --         --         --         --
 Coordinator for
 Counterterrorism............
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Coordinator for                  --          --         --         --         --         --         --         --         --         --         --
 Counterterrorism (CT).......
--------------------------------------------------------------------------------------------------------------------------------------------------------
S/GAC--Office of the Global            --          --         --         --         --         --         --         --         --  1,243,351         --
 AIDS Coordinator............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of the U.S. Global              --          --         --         --         --         --         --         --         --  1,243,351         --
 AIDS Coordinator............
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Management.............          --          --         --         --         --         --         --         --         --         --    783,730
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Capital Investment Fund          --          --         --         --         --         --         --         --         --         --     87,287
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Development Credit               --          --         --         --         --         --         --         --         --         --      8,094
 Authority Admin.............
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Inspector General                --          --         --         --         --         --         --         --         --         --     37,692
 Operating Expense...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Operating Expense......          --          --         --         --         --         --         --         --         --         --    650,657
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Program Management               --          --         --         --         --         --         --         --         --         --         --
 Initiatives.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
USAID Program Management               --          --         --         --         --         --         --         --         --         --        --
 Initiatives.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Levels are as of 6/1/2008.


                                                  APPENDIX F.--United Nations General Assembly's Third Committee  Country Resolution Votes 2008
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Belarus   Belarus    Burma               Burma     DPRK      DPRK                DRPK      Iran      Iran                Iran
                                                                   '06        7        '06    Burma  7     '08       '05       '06     DPRK  7     '08       '05       '06     Iran  7     '08
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Afganistan....................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         N         N         N         N
Albania.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Algeria.......................................................        N         N         N         N         N         A         N         N         N         N         N         N         N
Andorra.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Angola........................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Antigua-Barbuda...............................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Argentina.....................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Armenia.......................................................        N         N         Y         Y         Y                             Y                   N         N         N         N
Australia.....................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Austria.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Azerbaijan....................................................                            N                   N         Y         A                   A         N         N         N         N
Bahamas.......................................................        A         Y         A         Y         Y         A         A         Y         Y         A         A         Y         Y
Bahrain.......................................................        A         A         A         A         A         A         A         Y         Y         N         N         N         N
Bangladesh....................................................        N         N         N         N         N         A         A         Y         Y         N         N         N         N
Barbados......................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Belarus.......................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Belgium.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Belize........................................................        A         A         A         A         Y         Y         Y         Y         Y         Y         Y         Y         Y
Benin.........................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Bhutan........................................................        A         Y         A         A         A         Y         Y         Y         Y         A         A         A         A
Bolivia.......................................................        Y         A         Y         Y         A         Y         Y         A         A         Y         A         A         A
Bosnia/Herzeg.................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         A         Y         Y
Botswana......................................................        A         A         A         A         Y         A         A         A         Y         A         A         A         Y
Brazil........................................................        A         A         Y         Y         Y         Y         Y         Y         A         A         A         A         A
Brunei DAr-Salam..............................................        A         A         N         A         N         A         A         A         A         N         N         A         A
Bulgaria......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Burkina Faso..................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Burundi.......................................................        A         Y         Y         Y         Y         A         A         Y         Y         A         Y         Y         A
Cambodia......................................................                  A         N                                       A         Y         A                   A
Cameroon......................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Canada........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Cape Verde....................................................        A         A         A         A         A                   A         A         A         A         A         A         A
Central Afr Rep...............................................                            A                   A                   A         A                   A                             A
Chad..........................................................                                      A         A                             A         A                             A         A
Chile.........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
China.........................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Colombia......................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Comoros.......................................................                  A                   A         A                   Y         Y         Y                   N         N         N
Congo.........................................................        A         A         N         A         A                   A         A         A                   A         A         A
Costa Rica....................................................        A         Y         A         Y         Y         Y         A         Y         Y         Y         A         Y         Y
Cote D'ivoire.................................................        A         A         A         A         N         A         A         A         A         A         A         A         A
Croatia.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Cuba..........................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Cyprus........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Czech Republic................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Dem Rep of Korea..............................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Dem Rep of Congo..............................................        N         A         N                   A         A         A                   A         A         N         N
Denmark.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Djibouti......................................................        A         A         A         A                   A         A         A                   N         N         N
Dominica......................................................                  A                   A         A                             A         A                                       A
Dominican Rep.................................................        Y         A         Y         A         Y         Y         Y         A         A         Y         Y         A         A
Ecuador.......................................................        A         A         Y         A         A         Y         Y         Y         A         Y         Y         A         A
Egypt.........................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
El Salvador...................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Equatorial Guinea.............................................                  A                   A         A         A                   A         A         Y                   A         A
Eritrea.......................................................        A         A         A         A         A         A         A         Y         Y         A         A         A         N
Estonia.......................................................        Y         Y         Y         Y         Y         A         Y         Y         Y         Y         Y         Y         Y
Ethiopia......................................................        N         A         A         A         A         A         A         A         A         A         A         A         A
Fiji..........................................................        Y         A         A         A         Y         Y         Y         Y         Y         Y         Y         Y         Y
Finland.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
France........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Gabon.........................................................
Gambia........................................................                  N                             A         N                             A         N                   N         N
Georgia.......................................................        Y         Y                   Y         Y         Y         Y         Y         Y                   A         A         A
Germany.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Ghana.........................................................        A         A         A         Y         A         A         Y         Y         Y         A         A         A         A
Greece........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Grenada.......................................................                                                A                                       A                                       A
Guatemala.....................................................        Y         A         Y         Y         A         Y         Y         A         A         Y         Y         A         A
Guinea........................................................        A         A         N         A         A                             N         N         N         N         N         N
Guinea-Bissau.................................................        A                   A         A                   A         Y         A                   A                             N
Guyana........................................................        A         A         A         Y         Y         A         A         A         A         A         A         A         A
Haiti.........................................................        A         A         A         A         A         Y         A         A         A         Y         A         A         A
Honduras......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Hungary.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Iceland.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
India.........................................................        N         N         N         N         N         A         A         A         A         N         N         N         N
Indonesia.....................................................        N         N         N         A         A         N         N         N         N         N         N         N         N
Iran (Islamic Rep)............................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Iraq..........................................................                                                Y         Y         Y         Y         Y         A
Ireland.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         A
Israel........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Italy.........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Jamaica.......................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Japan.........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Jordan........................................................        A         A         A         A         A         A         A         Y                   A         A                   A
Kazakhstan....................................................        N         N         A         Y         Y         Y         Y         Y         Y         N         N         N         N
Kenya.........................................................        A         A         A         Y         A         A         A         A         A         A         A         A         A
Kiribati......................................................                                                Y                                       Y         Y         Y                   Y
Kuwait........................................................        A         A         A         A         A         A         A         A         A         N         N         N         N
Kyrgyzstan....................................................        N         N         A         A         A         A         A         A         A         N         N         N         N
Lao Rep.......................................................        A         A         N         N         N         N         N         N         N         A         A         A         A
Latvia........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Lebanon.......................................................        N         N         Y         Y         Y                   Y         Y         Y         N         N         N         N
Lesotho.......................................................        A         A         A         A         A         A         A         Y         A         A         A         A         A
Liberia.......................................................                  Y                   Y         A                   A         Y         Y                             Y         Y
Libyan AJ.....................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Liechtenstein.................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Lithuania.....................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Luxembourg....................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Madagascar....................................................        A                   A                                       A         A         Y                   A
Malawi........................................................        A         A         A         A         A                   Y         Y         Y                   A         A         N
Malaysia......................................................        N         N         N         N         N         N         A         N         N         N         N         N         N
Maldives......................................................                                                Y         Y         Y         Y         Y         N         N
Mali..........................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Malta.........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Marshall Islands..............................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Mauritania....................................................        A         A         A         Y         A                   A         Y         A         N         N                   N
Maurtius......................................................        A         A         Y         Y         Y         A         A         A         A         A         A         A         A
Mexico........................................................        A         A         Y         Y         Y         Y         Y         Y         Y         Y         A         Y         Y
Micronesia (FS)...............................................        Y         Y         Y         Y                   Y         Y         Y         Y         Y         Y         Y         Y
Moldova.......................................................        Y         A         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Monaco........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Mongolia......................................................        A         A         Y         Y         Y                                                 A         A         A         A
Montenegro....................................................        Y         Y         Y         Y         Y                   Y         Y         Y         Y                   Y         Y
Morocco.......................................................        N         A         Y                   Y         A         Y         Y         Y         N         N         N
Mozambique....................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Myanmar.......................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Namibia.......................................................        A         A         A         A         N         A         N         A         N         A         A         A         A
Nauru.........................................................                  A         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Nepal.........................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Netherlands...................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
New Zealand...................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Nicaragua.....................................................        Y         N         Y         A         N         Y         Y         Y         N         Y         Y         N         N
Niger.........................................................        A         A         A         A         N         A         A         A         A         N         N         N         N
Nigeria.......................................................        A         A         A         A         Y         A         A         A         A         A         A         A         A
Norway........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Oman..........................................................                  N                   N         N                             N         N         N         N         N         N
Pakistan......................................................        N         N         N         N         A         A         A         N         A         N         N         N         N
Palau.........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Panama........................................................        A         A         Y         Y         Y         Y         Y         Y         Y         A         A         Y         Y
Papua N Guinea................................................        A         A         A         A         A         Y         Y         Y         Y         Y         A         A         A
Paraguay......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         A
Peru..........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Philippines...................................................        A         A         A         A         A         A         Y         Y         A         A         A         A         A
Poland........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Portugal......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Qatar.........................................................        N         N         A         A         A         A         A         A         A         N         N         N         N
Rep of Korea..................................................        Y         Y         Y         Y         Y         A         Y         A         Y         A         A         A         A
Romania.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Russian Federation............................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Rwanda........................................................        A                   A         A         A                   A         A         A         A         A         A         A
St Kitts-Nevis................................................                  A                   A         A         A                   A         A                             Y         A
Saint Lucia...................................................                  A                   A         Y         A                   A         Y         N                   A         Y
St Vincent-Green..............................................                  A                   A         A         Y                   A         A         Y                   A         A
Samoa.........................................................        A         A         A         A         Y         Y         Y         Y         Y         Y         Y         Y         Y
San Marino....................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Sao Tome Principe.............................................                                                A                                                                               A
Saudi Arabia..................................................        A         A         A         A         A         Y         Y         Y         Y         N         N         N         N
Senegal.......................................................        A         A         A         A         A         A         A         A         A         N         N         N         N
Serbia........................................................        Y         Y         Y         Y                   Y         Y         Y                   Y         Y         Y         N
Seychelles....................................................
Sierra Leone..................................................        A         A         A         A                   A         A         A                   A         A         A
Singapore.....................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
Slovakia......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Slovenia......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Solomon Islands...............................................        A         A         A         A         A         A         Y         A         A         Y         Y         A         A
Somalia.......................................................                                      N         N                             N         N         N                   N         N
South Africa..................................................        N         N         A         A         A         A         A         A         A         N         N         N         N
Spain.........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Sri Lanka.....................................................        A         A         A         A         N         A         A         A         A         N         N         N         N
Sudan.........................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Suriname......................................................        A         A         A         Y         A         A         A         A         A         A         A         A         A
Swaziland.....................................................        A         A         A         A         A         N         A         A         A         N         A         A         A
Sweden........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Switzerland...................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Syrian AR.....................................................        N         N         N         N         N         Y         N         N         N         N         N         N         N
Tajikistan....................................................        N         N                   A                   N         N         N         N                   N         N         N
Thailand......................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
The FYR Macedonia.............................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Timor-Leste...................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y                   Y         Y
Togo..........................................................        A         A         A         A         Y         A         N         A         Y         N         N         N         N
Tonga.........................................................        Y         Y         Y                   Y                   Y         Y         Y         Y         Y         Y         Y
Trinidad-Tobago...............................................        A         A         A         A         A         A                   A         A         A                   A         A
Tunisia.......................................................                                                          A                                       N         N         N         N
Turkey........................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y
Turkmenistan..................................................        A         N         A         A         A         N         A         A         A         N         A         N         N
Tuvalu........................................................        Y                   Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Uganda........................................................        A         N         A         N         A         A         A         N         A         A         A         N         A
Ukraine.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
U A Emirates..................................................        A         A         A         A         A         A         A         A         A         A         A         A         A
United Kingdom................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
U R Tanzania..................................................        A         A         A         Y         A         A         A         Y         Y         A         A         A         A
United States.................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y         Y
Uruguay.......................................................        Y         Y         Y         Y         Y         Y         Y         Y         Y         A                   A         A
Uzbekistan....................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
Vanuatu.......................................................                  Y                   Y         Y         A                   Y         Y         Y         Y         Y         Y
Venezuela.....................................................        N         Y         N         N         N         N         N         N         N         N         N         N         N
Vietnam.......................................................        N         N         N         N         N         N         N         s         N         N         N         N         N
Yemen.........................................................        A         N         A         A         A         A         A         Y         A         N         N         N         N
Zambia........................................................        A         A         A         A         A         A         A                   A         A         A         A         A
Zimbabwe......................................................        N         N         N         N         N         N         N         N         N         N         N         N         N
================================================================================================================================================================================================
Final Vote
  yes.........................................................       70        68        79        88        89        84        91        97        95        77        70        72        70
  no..........................................................       31        32        28        54        29        22        21        23        24        51        48        50        51
  abstain.....................................................       67        76        63        66        63        62        60        60        62        46        55        55        60
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                               APPENDIX G

                              ----------                              


                 Universal Declaration of Human Rights

                              ----------                              


                                Preamble

    Whereas recognition of the inherent dignity and of the 
equal and inalienable rights of all members of the human family 
is the foundation of freedom, justice and peace in the world,

    Whereas disregard and contempt for human rights have 
resulted in barbarous acts which have outraged the conscience 
of mankind, and the advent of a world in which human beings 
shall enjoy freedom of speech and belief and freedom from fear 
and want has been proclaimed as the highest aspiration of the 
common people,

    Whereas it is essential, if man is not to be compelled to 
have recourse, as a last resort, to rebellion against tyranny 
and oppression, that human rights should be protected by the 
rule of law,

    Whereas it is essential to promote the development of 
friendly relations between nations,

    Whereas the peoples of the United Nations have in the 
Charter reaffirmed their faith in fundamental human rights, in 
the dignity and worth of the human person and in the equal 
rights of men and women and have determined to promote social 
progress and better standards of life in larger freedom,

    Whereas Member States have pledged themselves to achieve, 
in co-operation with the United Nations, the promotion of 
universal respect for and observance of human rights and 
fundamental freedoms,

    Whereas a common understanding of these rights and freedoms 
is of the greatest importance for the full realization of this 
pledge,

    Now, therefore, The General Assembly, proclaims this 
Universal Declaration of Human Rights as a common standard of 
achievement for all peoples and all nations, to the end that 
every individual and every organ of society, keeping this 
Declaration constantly in mind, shall strive by teaching and 
education to promote respect for these rights and freedoms and 
by progressive measures, national and international, to secure 
their universal and effective recognition and observance, both 
among the peoples of Member States themselves and among the 
peoples of territories under their jurisdiction.

Article 1

    All human beings are born free and equal in dignity and 
rights. They are endowed with reason and conscience and should 
act towards one another in a spirit of brotherhood.

Article 2

    Everyone is entitled to all the rights and freedoms set 
forth in this Declaration, without distinction of an kind, such 
as race, colour, sex, language, religion, political or other 
opinion, national or social origin, property, birth or other 
status.

    Furthermore, no distinction shall be made on the basis of 
the political, jurisdictional or international status of the 
country or territory to which a person belongs, whether it be 
independent, trust, non-self-governing or under any other 
limitation of sovereignty.

Article 3

    Everyone has the right to life, liberty and the security of 
person.

Article 4

    No one shall be held in slavery or servitude; slavery and 
the slave trade shall be prohibited in all their forms.

Article 5

    No one shall be subjected to torture or to cruel, inhuman 
or degrading treatment or punishment.

Article 6

    Everyone has the right to recognition everywhere as a 
person before the law.

Article 7

    All are equal before the law and are entitled without any 
discrimination to equal protection of the law. All are entitled 
to equal protection against any discrimination in violation of 
this Declaration and against any incitement to such 
discrimination.

Article 8

    Everyone has the right to an effective remedy by the 
competent national tribunals for acts violating the fundamental 
rights granted him by the constitution or by law.

Article 9

    No one shall be subjected to arbitrary arrest, detention or 
exile.

Article 10

    Everyone is entitled in full equality to a fair and public 
hearing by an independent and impartial tribunal, in the 
determination of his rights and obligations and of any criminal 
charge against him.

Article 11

    1. Everyone charged with a penal offence has the right to 
be presumed innocent until proved guilty according to law in a 
public trial at which he has had all the guarantees necessary 
for his defence.

    2. No one shall be held guilty without any limitation due 
to race, of any penal offence on account of nationality or 
religion, have the any act or omission which did not constitute 
a penal offence, under national or international law, at the 
time when it was committed.

Article 12

    No one shall be subjected to arbitrary interference with 
his privacy, family, home or correspondence, nor to attacks 
upon his honour and reputation. Everyone has the right to the 
protection of the law against such interference or attacks.

Article 13

    1. Everyone has the right to freedom of movement and 
residence within the borders of each state.

    2. Everyone has the right to leave any country, including 
his own, and to return to his country.

Article 14

    1. Everyone has the right to seek and to enjoy in other 
countries asylum from persecution.

    2. This right may not be invoked in the case of 
prosecutions genuinely arising from non-political crimes or 
from acts contrary to the purposes and principles of the United 
Nations.

Article 15

    1. Everyone has the right to a nationality.

    2. No one shall be arbitrarily deprived of his nationality 
nor be denied the right to change his nationality.

Article 16

    1. Men and women of full age, without any limitation due to 
race, nationality or religion, have the right to marry and to 
found a family. They are entitled to equal rights as to 
marriage, during marriage and at its dissolution.

    2. Marriage shall be entered into only with the free and 
full consent of the intending spouses.

    3. The family is the natural and fundamental group unit of 
society and is entitled to protection by society and the State.

Article 17

    1. Everyone has the right to own property alone as well as 
in association with others.

    2. No one shall be arbitrarily deprived of his property.

Article 18

    Everyone has the right to freedom of thought, conscience 
and religion; this right includes freedom to change his 
religion or belief, and freedom, either alone or in community 
with others and in public or private, to manifest his religion 
or belief in teaching, practice, worship and observance.

Article 19

    Everyone has the right to freedom of opinion and 
expression; this right includes freedom to hold opinions 
without interference and to seek, receive and impart 
information and ideas through any media and regardless of 
frontiers.

Article 20

    1. Everyone has the right to freedom of peaceful assembly 
and association.

    2. No one may be compelled to belong to an association.

Article 21

    1. Everyone has the right to take part in the Government of 
his country, directly or through freely chosen representatives.

    2. Everyone has the right of equal access to public service 
in his country.

    3. The will of the people shall be the basis of the 
authority of government; this will shall be expressed in 
periodic and genuine elections which shall be by universal and 
equal suffrage and shall be held by secret vote or by 
equivalent free voting procedures.

Article 22

    1. Everyone, as a member of society, has the right to 
social security and is entitled to realization, through 
national effort and international cooperation and in accordance 
with the organization and resources of each State, of the 
economic, social and cultural rights indispensable for his 
dignity and the free development of his personality.

Article 23

    1. Everyone has the right to work, to free choice of 
employment, to just and favourable conditions of work and to 
protection against unemployment.

    2. Everyone, without any discrimination, has the right to 
equal pay for equal work.

    3. Everyone who works has the right to just and favourable 
remuneration insuring for himself and his family an existence 
worthy of human dignity, and supplemented, if necessary, by 
other means of social protection.

    4. Everyone has the right to form and to join trade unions 
for the protection of his interests.

Article 24

    Everyone has the right to rest and leisure, including 
reasonable limitation of working hours and periodic holidays 
with pay.

Article 25

    1. Everyone has the right to a standard of living adequate 
for the health and well-being of himself and of his family, 
including food, clothing, housing and medical care and 
necessary social services, and the right to security in the 
event of unemployment, sickness, disability, widowhood, old age 
or other lack of livelihood in circumstances beyond his 
control.

    2. Motherhood and childhood are entitled to special care 
and assistance. All children, whether born in or out of 
wedlock, shall enjoy the same social protection.

Article 26

    1. Everyone has the right to education. Education shall be 
free, at least in the elementary and fundamental stages. 
Elementary education shall be compulsory. Technical and 
professional education shall be made generally available and 
higher education shall be equally accessible to all on the 
basis of merit.

    2. Education shall be directed to the full development of 
the human personality and to the strengthening of respect for 
human rights and fundamental freedoms. It shall promote 
understanding, tolerance and friendship among all nations, 
racial or religious groups, and shall further the activities of 
the United Nations for the maintenance of peace.

    3. Parents have a prior right to choose the kind of 
education that shall be given to their children.

Article 27

    1. Everyone has the right freely to participate in the 
cultural life of the community, to enjoy the arts and to share 
in scientific advancement and its benefits.

    2. Everyone has the right to the protection of the moral 
and material interests resulting from any scientific, literary 
or artistic production of which he is the author.

Article 28

    Everyone is entitled to a social and international order in 
which the rights and freedoms set forth in this Declaration can 
be fully realized.

Article 29

    1. Everyone has duties to the community in which alone the 
free and full development of his personality is possible.

    2. In the exercise of his rights and freedoms, everyone 
shall be subject only to such limitations as are determined by 
law solely for the purpose of securing due recognition and 
respect for the rights and freedoms of others and of meeting 
the just requirements of morality, public order and the general 
welfare in a democratic society.

    3. These rights and freedoms may in no case be exercised 
contrary to the purposes and principles of the United Nations.

Article 30

    Nothing in this Declaration may be interpreted as implying 
for any State, group or person any right to engage in any 
activity or to perform any act aimed at the destruction of any 
of the rights and freedoms set forth herein.

Hundred and eighty-third plenary meeting
Resolution 217(A)(III) of the United Nations General Assembly,
December 10, 1948

 (THIS MATERIAL IS IN THE PUBLIC DOMAIN AND MAY BE REPRINTED WITHOUT 
          PERMISSION; CITATION OF THIS SOURCE IS APPRECIATED.)

                                  
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